Accidents resulting from negligence can devastate lives in an instant, leaving victims and families to navigate complex legal processes while coping with physical injuries or the loss of a loved one. Understanding whether your situation calls for a personal injury claim or a wrongful death action can significantly impact your legal strategy and the compensation you may recover under Texas law.
At Byrd Davis Alden & Henrichson, LLP, we have guided Austin families through both personal injury and wrongful death claims since 1959. Our experience as Texas’s oldest personal injury law firm gives us unique insight into the critical distinctions between these case types and how to pursue justice effectively in either situation.
Who Can File the Claim
The most fundamental difference between these legal actions lies in who has the right to bring the claim forward.
Personal Injury Claims
In personal injury cases, the injured person files the lawsuit themselves. They are the plaintiff seeking compensation for injuries directly sustained due to another party’s negligence or wrongful conduct. The injured individual maintains complete control over the legal process, including decisions about settlement offers.
Wrongful Death Claims
Texas law restricts who may file a wrongful death claim to specific family members of the deceased. Under the Texas Wrongful Death Act, only the surviving spouse, children, and parents of the deceased person have the legal standing to file a claim. Siblings, grandparents, and other relatives—regardless of how close they were to the deceased—cannot file wrongful death actions in Texas.
If eligible family members do not file a claim within three months of the death, the executor or personal representative of the estate may file instead, unless all family members specifically request otherwise.
Types of Damages Available
Another significant difference involves the types of compensation available to claimants in each case type.
Personal Injury Damages
Personal injury plaintiffs in Texas may recover compensation for:
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Current and future medical expenses
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Lost wages and diminished earning capacity
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Physical pain and suffering
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Mental anguish and emotional distress
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Physical impairment or disfigurement
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Property damage related to the incident
These damages focus on making the injured person whole again financially and compensating them for their personal suffering.
Wrongful Death Damages
Wrongful death claims compensate family members for their own losses resulting from their loved one’s death, including:
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Lost earning capacity and financial support the deceased would have provided
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Lost care, maintenance, services, and counsel that the deceased would have given
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Mental and emotional anguish suffered by family members
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Lost love, companionship, and society
Additionally, if the death resulted from particularly egregious conduct, exemplary (punitive) damages may be available in some cases to punish the wrongdoer and deter similar behavior.
Survival Actions
In addition to wrongful death claims, Texas law allows for “survival actions,” which are distinct from both personal injury and wrongful death claims.
How Survival Actions Work
Survival actions allow the deceased person’s estate to pursue damages the victim could have claimed in a personal injury lawsuit had they survived. These claims “survive” the person’s death and transfer to their estate.
The compensation from a survival action includes:
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Medical expenses incurred before death
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Pain and suffering experienced before death
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Lost earnings before death
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Funeral and burial expenses
Any damages recovered through a survival action become part of the deceased’s estate and are distributed according to the will or intestate succession laws.
Statute of Limitations
Timing is critical in both types of claims, though the deadlines differ slightly.
Personal Injury Deadline
In Texas, most personal injury claims must be filed within two years from the date of the injury. Some exceptions exist, such as cases involving minors or when the injury wasn’t immediately discoverable.
Wrongful Death Deadline
Wrongful death claims also carry a two-year statute of limitations in Texas, but the clock typically starts on the date of death rather than the date of the injury that caused the death. This distinction can be important in cases where someone survives for a period after the initial injury before passing away.
How an Experienced Attorney Can Help
Byrd Davis Alden & Henrichson, LLP brings more than 65 years of experience to handling both personal injury and wrongful death claims in Texas. As true personal injury trial lawyers with a winning track record in the courtroom, we have the knowledge and resources to guide you through these challenging legal processes. Our board-certified attorneys have recovered over $100 million for our clients, maintaining a 98% success rate.
Our firm understands the profound differences between these case types and how to effectively pursue maximum compensation in either situation. Contact Byrd Davis Alden & Henrichson, LLP today to discuss your case with our experienced attorneys. Call us at (512) 454-3751 or reach us through ourcontact form.
