When someone is killed due to another party’s negligence, Texas law provides two distinct legal paths for pursuing justice: a wrongful death claim and a survival claim. While both are civil lawsuits related to the same fatal incident, they serve different purposes and benefit different parties.
If you’ve lost a loved one in an accident caused by someone else, understanding the difference between these two claims can help you protect your family’s legal rights.
What Is a Survival Claim?
A survival claim is a legal action that the deceased person could have filed themselves had they survived the injury. After death, the right to bring this claim “survives” through the deceased person’s estate.
This type of claim allows the estate to recover compensation for:
- Medical expenses the deceased incurred before death
- Physical pain and suffering endured before passing
- Mental anguish or emotional distress
- Lost wages between injury and death
- Property damage
- Funeral expenses (in some cases)
Essentially, the estate is pursuing damages that the individual would have been entitled to if they had lived — up to the point of death.
What Is a Wrongful Death Claim?
A wrongful death claim is filed by certain surviving family members (typically a spouse, child, or parent) seeking compensation for their own losses caused by the death of a loved one.
Wrongful death damages in Texas may include:
- Loss of financial support
- Loss of household services
- Loss of companionship and love
- Mental anguish
- Loss of inheritance
- Funeral expenses
The key difference: wrongful death compensates the family for what they lost. Survival claims compensate the estate for what the deceased suffered.
Who Can File Each Type of Claim?
In Texas:
- Survival claim: Filed by the estate’s personal representative or executor.
- Wrongful death claim: Filed by the deceased’s spouse, children, or parents.
In many cases, both claims are brought together — one on behalf of the estate, the other on behalf of surviving loved ones. These claims can proceed simultaneously and often involve the same underlying facts.
Why File a Survival Claim?
Survival claims are especially important in cases where the injured person:
- Lived for a period of time after the injury but later died
- Suffered pain or required medical care before passing
- Lost income or incurred damages between the incident and death
Without a survival claim, those damages would go uncompensated — even though the defendant’s conduct caused them.
Any compensation from a survival claim goes into the estate and is distributed according to the will or Texas intestacy laws.
Common Scenarios Where Survival Claims Apply
- A driver is seriously injured in a crash and dies days or weeks later
- A worker suffers burns or trauma in an explosion and later succumbs to injuries
- A patient experiences medical negligence, is hospitalized, and then dies from complications
- A pedestrian hit by a vehicle suffers extreme pain before passing at the hospital
Even when death comes quickly, survival claims may still apply if there’s evidence of conscious pain, suffering, or expenses before passing.
Spagnoletti Law Firm Handles Survival and Wrongful Death Claims Across Texas
When a family is dealing with the sudden loss of a loved one, legal questions are often the last thing on their minds. But understanding your rights — and pursuing the right types of claims — can provide financial relief and accountability for those responsible.
Spagnoletti Law Firm helps families across Texas file both wrongful death and survival claims after fatal accidents. We work with care, skill, and urgency to preserve evidence, protect your rights, and recover full compensation.
📞 Call 713-804-9306 today for a free consultation. There are no legal fees unless we recover compensation on your behalf.