You may hear the terms wrongful death and survival action used together. While they may happen at the same time, wrongful death claims and survival actions are different legal claims.
The Core Differences Between Wrongful Death and Survival Actions
Wrongful Death Claim
A wrongful death action is usually for the family or loved ones of the person who died. The main requirement is showing that the death was caused by a preventable accident due to the other person’s actions or failure to act.
Wrongful death claims seek money to help cover losses caused by the death. This may include funeral and burial costs, lost income, the family’s pain and suffering, and loss of companionship.
Survival Action
A survival action seeks compensation for losses the person could have claimed in a personal injury case if they had survived. A survival action may include lost income, pain and suffering the person experienced before death, and medical expenses before death.
Only the estate’s personal representative, executor, or administrator can file a survival action. The money recovered is distributed based on the person’s will. If the person died without a will or estate plan, the probate court may appoint an administrator to act for the estate.
Filing Both a Wrongful Death Claim and Survival Action Simultaneously
Both types of claims may be needed, especially if the person lived for some time after being injured.
For example, a person may suffer serious injuries in a car accident, spend several weeks in the hospital, and later die from those injuries. The medical bills from the accident still need to be paid after the person dies. The family may file a wrongful death claim after the car accident for losses after the death, while the personal representative may file a survival action for medical bills, lost income, and the pain and suffering the person experienced before death.
A wrongful death claim and a survival action may be filed at the same time because they are separate legal actions brought by different parties.
Surviving family members may be able to seek both types of compensation to help with financial losses after losing a loved one. A wrongful death lawyer can help you understand how to file both claims at the same time.
There is a time limit for filing a wrongful death claim or survival action in Texas. You generally have two years from the date of death to file a wrongful death claim.
Survival claims also follow this deadline, but the deadline may be delayed for up to one year after death once a personal representative is appointed.
