Wrongful death and survival actions are two completely separate types of legal recourse for the negligence-related death of a loved one. A family may be entitled to file both types of actions in Texas. However, it is important to understand the difference between these two actions so that you are aware of what to expect during proceedings.

Wrongful death claims can be pursued for the damage done to specifically defined relatives as a result of causing their loved one’s death. A survival action is a lawsuit brought to recover the personal injury damages of a person who passed away in conjunction with or subsequent to his or her injuries. The right to bring a survival action is created by statute and given to a defined set of people.

A major difference between a wrongful death action and a survival action is that the former damages usually go directly to the spouses, children, and parents and not to the estate of the deceased. They can file suit for mental anguish and pain, financial losses, and loss of benefits or inheritance.

In survival actions, the heirs can pursue this type of legal action before the victim even dies. Thus, damages can be recovered for medical bills and lost income and put into the estate of the deceased to be divided among all the beneficiaries, including siblings and grandparents.

There are also compensation differences. In Texas, a wrongful death claim can include compensation for:

• Damages for funeral and burial costs

• Psychological treatment

• Loss of consortium

• Loss of the person’s services

• Loss of inheritance

• Mental pain and anguish

• Loss of advice and counsel

• And even punitive damages

  For a survival action, compensation generally includes damages for:

  
  

• Lost income

• Property damages

• Medical bills