Is a survival claim different than a wrongful death claim?
Yes, a survival claim is different than a wrongful death claim. The Texas Survivor Statue permits an estate, heirs or legal representatives to bring a survival action. This statute got its name because it permits a personal injury lawsuit to survive the death of an individual.
The case is prosecuted in much the same way as a personal injury lawsuit. Damages that may be recovered include, but are not limited to, funeral and burial expenses, medical expenses, lost wages and property damage. Most importantly in many cases, if the deceased lived for any amount of time after the incident (even momentarily), the estate may recover for the decedent’s pain and mental anguish incurred as a result of the incident.
A wrongful death action is still a lawsuit and it is available to the parents, spouse or children of the deceased. The deceased in this situation may include a stillborn child.