When a life is cut short because someone acted carelessly or recklessly, Texas law provides two separate but complementary way to seek justice – the wrongful death claim and the survival action.
They sound similar but serve very different purposes. One is designed to compensate the family for their loss. The other continues the victim’s own legal rights as if they were still alive. Understanding the difference between these two claims can help families navigate a complex process at one of the most difficult times of their lives.
The Family’s Claim: Wrongful Death
A wrongful death claim exists to support surviving family members who have suffered emotionally and financially from their loved one’s passing. Under Texas Civil Practice & Remedies Code § 71.004, a wrongful death action may be filed when a person’s death is caused by another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
Who Can File
Only specific family members can file a wrongful death claim in Texas:
- The surviving spouse
- The children (including legally adopted children)
- The parents of the deceased
If none of these individuals file within three months of the death, the executor or administrator of the estate may file the claim on behalf of the beneficiaries.
What Damages Are Recoverable
Damages in wrongful death claim are meant to compensate the family for their own losses, not the victim’s. They may include:
- Lost income and financial support the deceased would have provided
- Loss of care, guidance, and companionship
- Emotional anguish and suffering
- Loss of inheritance or household services
- Funeral and burial expenses
- In limited cases, exemplary (punitive) damages
To learn more about eligibility, compensation, and timelines, visit our Wrongful Death in Texas page.
The Estate’s Claim: Survival Actions
While wrongful death protects the family’s rights, a survival action continues the legal rights of the deceased person. Under Texas Civil Practice & Remedies Code § 71.021, if someone could have filed a personal injury lawsuit had they survived, that right “survives” their death and can be pursued by their estate or legal representative.
This claim covers the period between the injury and death — whether it was minutes, hours, or months — and compensates the decedent for what they personally endured.
What It Covers
A survival claim can include:
- Medical bills from the time of injury until death
- Lost wages or benefits during that period
- Pain and suffering experienced by the deceased
- Property damage
- Funeral expenses (if not already recovered elsewhere)
Funds recovered in a survival action become part of the decedent’s estate, to be distributed according to their will or the state’s intestacy laws.
How the Two Claims Work Together
Families often pursue both a wrongful death vs survival claim in Texas because together, they tell the full story — the victim’s suffering and the family’s loss.
- Wrongful death compensates the family for their grief and financial hardship.
- Survival actions recover what the deceased could have claimed personally.
They must, however, be carefully structured so that damages don’t overlap. For instance, a decedent’s pain and suffering belong in the survival claim, not in wrongful death. The same applies to wages earned before death versus future earnings lost afterward.
Deadlines and Legal Requirements
Both wrongful death and survival actions are governed by a two-year statute of limitations in most cases. This means the claim must be filed within two years of the date of death. (Texas Civil Practice & Remedies Code § 16.003)
However, certain exceptions may pause (“toll”) the clock — for example, when:
- The responsible party concealed their role in the death
- The claimant is a minor at the time of death
- The death wasn’t discovered until later due to medical or investigative reasons
Because exceptions are rare and timing is critical, families should seek legal counsel as soon as possible after a fatal accident.
What to Gather Before You File
To support either claim, begin collecting these documents early:
- Death certificate and autopsy report
- Medical records from treatment before death
- Accident reports or police investigations
- Photos and witness statements
- Employment and tax records for lost wages
- Funeral and burial invoices
- Estate and probate documents
Preserving evidence early can dramatically improve your attorney’s ability to prove negligence and damages later on.
How Wolf Law, PLLC Helps Texas Families
At Wolf Law, PLLC, we guide grieving families through every stage of the process — from evidence preservation and probate coordination to negotiations and trial preparation.
Our approach is comprehensive:
- Investigating how and why the fatal event occurred
- Coordinating estate filings and identifying all possible beneficiaries
- Calculating the full financial and emotional impact of the loss
- Filing both wrongful death and survival actions where appropriate
- Standing up to insurance companies and negligent parties who try to avoid accountability
We understand that no amount of compensation replaces a loved one — but justice can bring closure and financial stability when it’s needed most.
Visit our Wrongful Death page to learn how Texas law protects surviving families, or contact us directly at wolflawpllc.com for a private consultation.