Losing a loved one is an indescribable tragedy, especially when their death results from someone else’s negligence or wrongful actions. In Texas, the legal system provides avenues for families to seek justice and compensation through wrongful death and survival actions. While both types of claims arise from the same unfortunate event, they serve different purposes and involve distinct parties. Understanding these differences is crucial for families navigating the complexities of Texas personal injury litigation.
At Ryan Orsatti Law, we are committed to guiding you through these challenging times with expertise and compassion. This article delves into the nuances of wrongful death and survival actions in Texas, highlighting how estates and beneficiaries can bring forth these claims.
Understanding Wrongful Death Claims in Texas
What Is a Wrongful Death Claim?
Under the Texas Wrongful Death Act, a wrongful death claim arises when a person dies due to the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party. This civil action allows certain family members to seek compensation for the losses they’ve suffered as a result of their loved one’s death.
Who Can File a Wrongful Death Claim?
In Texas, the right to file a wrongful death claim is limited to specific beneficiaries:
- Surviving Spouse: A husband or wife of the deceased at the time of death.
- Children: Biological and legally adopted children, including adult children.
- Parents: Biological and adoptive parents of the deceased.
Siblings and grandparents are notably excluded from filing wrongful death claims in Texas.
Types of Damages Recoverable
Beneficiaries can recover various damages intended to compensate for both economic and non-economic losses, such as:
- Loss of Companionship and Society: Emotional harm from losing the relationship.
- Mental Anguish: Emotional pain and suffering.
- Loss of Inheritance: What the deceased would have saved and left to beneficiaries.
- Pecuniary Losses: Loss of care, maintenance, support, services, advice, and counsel.
The Role of Beneficiaries
Beneficiaries file wrongful death claims individually or as a group. They have the right to bring the action themselves or request the personal representative of the deceased’s estate to do so on their behalf.
Exploring Survival Actions in Texas
What Is a Survival Action?
A survival action is a legal claim that the deceased person could have filed had they survived. Established under the Texas Survival Statute, this action allows the estate to recover damages the deceased suffered from the time of injury until death.
Who Can File a Survival Action?
The executor or administrator of the deceased’s estate typically files a survival action. If there is no personal representative, heirs can initiate the action on behalf of the estate.
Types of Damages Recoverable
Survival actions focus on the damages the deceased person incurred before death, including:
- Medical Expenses: Costs for medical care related to the injury.
- Pain and Suffering: Conscious physical and emotional distress experienced.
- Property Damage: Any damage to the deceased’s property.
- Funeral and Burial Expenses: Costs associated with laying the deceased to rest.
The Role of the Estate
The estate acts as a stand-in for the deceased, asserting the rights they would have had if they were alive. Any recovery from a survival action becomes part of the estate and is distributed according to the will or Texas intestacy laws if there is no will.
Key Differences Between Wrongful Death and Survival Actions
Understanding the distinctions between wrongful death and survival actions is essential for pursuing appropriate legal remedies.
Nature of the Claims
- Wrongful Death Claim: Addresses the losses suffered by the surviving family members due to the death.
- Survival Action: Focuses on the losses the deceased person suffered from the time of injury until death.
Parties Involved
- Wrongful Death Claim: Brought by eligible beneficiaries—spouse, children, or parents.
- Survival Action: Initiated by the estate’s personal representative or heirs.
Damages Recoverable
- Wrongful Death Claim: Compensates beneficiaries for their personal losses (emotional and financial).
- Survival Action: Seeks damages the deceased could have recovered if they had lived (medical expenses, pain and suffering).
How Estates and Beneficiaries Bring Claims
Legal Process for Beneficiaries
Beneficiaries must:
- Establish Eligibility: Confirm their legal relationship to the deceased.
- Prove Negligence or Wrongful Act: Demonstrate that the defendant’s actions caused the death.
- Quantify Damages: Provide evidence of losses suffered.
Legal Process for Estates
The estate’s representative must:
- Open Probate Proceedings: Establish the estate legally.
- File the Survival Action: Assert the deceased’s rights.
- Collect and Distribute Damages: Any recovery becomes part of the estate’s assets.
Importance of Legal Representation
Navigating wrongful death and survival actions requires a deep understanding of Texas law and meticulous attention to detail. The complexities involved in proving liability, calculating damages, and adhering to statutory deadlines make legal representation indispensable.
At Ryan Orsatti Law, we provide:
- Comprehensive Case Evaluation: Assessing the merits of your claim.
- Expert Negotiation Skills: Dealing with insurance companies and opposing counsel.
- Trial Experience: Preparedness to take your case to court if necessary.
- Compassionate Support: Guiding you through every step with empathy.
Statute of Limitations
In Texas, both wrongful death and survival actions are subject to a two-year statute of limitations from the date of death. Failing to file within this period can forfeit your right to pursue compensation.
Conclusion
Understanding the differences between wrongful death and survival actions in Texas is vital for families seeking justice after a tragic loss. While wrongful death claims compensate beneficiaries for their personal losses, survival actions allow the estate to recover damages the deceased person suffered.
If you are facing the overwhelming aftermath of a loved one’s wrongful death, Ryan Orsatti Law is here to help. Our expertise in Texas personal injury litigation ensures that your case is handled with the utmost professionalism and dedication.
Contact us today for a free consultation to discuss your legal options and begin the journey toward justice and healing.
Ryan Orsatti Law is committed to providing expert legal assistance in wrongful death and survival action cases in Texas. Our personalized approach ensures that you receive the support and representation you deserve during this difficult time.
