Is a survival claim and a wrongful death claim the same thing?

The short answer is “No” a survival claim and a wrongful death claim are not the same thing. Under the Texas Survival Statute a deceased’s estate representative or heir may file a personal injury claim on behalf of the deceased. This is because the deceased is unable to do that on his or her own. Survival claims typically deal with recovering funeral and burial expenses, punitive damages and pain and suffering that the deceased endured before passing away.

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