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Posted 10/11/2017

Survival Actions vs. Wrongful Death

Survival Actions vs. Wrongful Death

You may have heard of wrongful death lawsuits, but not everyone has heard of survival actions. They are difficult to differentiate from one another because they are actually quite similar, and these two types of lawsuits can be filed separately or in relation to one another.


What’s the Difference?

Wrongful Death – The deceased’s family files a wrongful death lawsuit through a representative they appoint when their family member has died due to someone’s negligence. They usually file this lawsuit in an effort to recover their own losses that came about because of the deceased’s wrongful death. 

The family’s losses could include things like the following:

  • Funeral costs

  • Loss of support

  • The deceased’s medical bills

  • Loss of guidance and companionship

Survival Action – The estate of the deceased can file a survival action for claims the deceased had prior to his or her death regarding injury from negligence. These claims are in relation to the deceased’s suffering from the time of injury to the time of his or her death. The damages are paid to the estate rather than only to certain relatives. 

These damages could include the following:

  • Pain and suffering

  • Lost wages

  • Medical expenses

  • Property damage


The Difference Is Subtle

The difference between the two lawsuit types is subtle, and a wrongful death attorney can answer any of your questions regarding these types of lawsuits. 

The main difference is that a wrongful death lawsuit seeks to compensate the family members for the losses they suffered as a result of a loved one’s death. 

Survival actions are like post-mortem compensation to the deceased for his or her suffering that then gets paid to the estate.


Houston Wrongful Death Attorneys

If you’ve lost a loved one due to negligence, you may be able to file a wrongful death or survival action lawsuit. Contact a wrongful death attorney with Denena Points, PC today. We offer a free consultation to evaluate your case, so visit our website or call
713-807-9500.

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