Even though damages are available in both survival actions and wrongful death claims following the death of a family member, these two types of claims are not the same thing.
Under Texas law, a survival claim allows a decedent’s estate to pursue a claim that the decedent could have brought, had they survived. It is filed by the estate on behalf of the deceased and it addresses how they, as an individual, were impacted.
In comparison, a wrongful death claim is a separate claim for damages that belongs to the decedent’s children, spouse, and parents based on the losses that they suffered when they lost their family member. It focuses on how the wrongful death has caused these relatives financial and emotional stress.