Texas law permits the grieving loved ones of a deceased individual to seek financial compensation through two different types of legal cases: a wrongful death claim and a survival action. Both involve the pursuit of justice for wrongful acts that resulted in a tragic loss of life, and both can result in monetary compensation. However, each type of case serves different purposes. A San Antonio wrongful death lawyer is here to help you.
What Is a Wrongful Death Claim in San Antonio?
A wrongful death claim in San Antonio is a type of civil action “for actual damages arising from an injury that causes an individual’s death” (Texas Civil Practice and Remedies Code § 71.002). It can be filed when a death is caused by another person’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
The parties that are permitted to file a wrongful death claim in Texas are a surviving spouse, child and/or parent. If these parties do not file a claim within three months of the date of the deceased person’s death, the personal representative or administrator of the decedent’s estate can file instead.
The types of damages, or financial compensation, available in a San Antonio wrongful death claim include loss of the deceased person’s income or financial support, lost savings or inheritance, the value of lost household services that would have been provided, loss of the decedent’s love and companionship, and pain and anguish suffered by survivors.
What Is a Survival Action in San Antonio?
The purpose of a wrongful death claim is to compensate surviving family members for personal losses associated with a death in the family. It is meant to help make them whole again. A survival action, on the other hand, is brought on behalf of the deceased individual. It seeks damages that the decedent could have pursued in a personal injury case had he or she survived.
A survival action in San Antonio must be filed by the representative of the deceased person’s estate. The representative is also referred to as the executor or administrator. This individual may have been named by the decedent in a will prior to his or her passing; if not, the courts can assign a personal representative for the purposes of pursuing a survival action.
Compensation Available in a Survival Action
The financial damages that can be awarded in a survival action are focused on the losses that were suffered by the decedent from the date of the accident to the date of death. They are similar to the damages that would have been available had the decedent survived and been able to bring a legal action against the at-fault party. They include:
- Medical expenses incurred prior to death
- Wages that were lost after the accident and before death
- Any property repairs or replacements needed
- Pain and suffering experienced by the deceased individual before death
- Punitive damages, in some cases
If a survival action results in financial compensation, the award will be distributed to the decedent’s estate. From there, it can be distributed to heirs or beneficiaries according to the decedent’s will or Texas’s laws of intestate succession. An award for a wrongful death claim, on the other hand, will be given directly to eligible surviving family members.
To find out if your family has grounds for a wrongful death claim and/or survival action after losing a loved one in an unexpected accident in San Antonio, contact Hill Law Firm Accident & Injury Attorneys for a free case consultation. Our personal injury lawyers in San Antonio are on your side.