If a family member has recently lost their life due to another individual’s negligent actions, you may wonder what legal rights you have. You may have also learned that you might choose between a wrongful death claim and a survival action. Deciding which one to pursue can be difficult, so we can help explain the differences between your options. And if you choose to utilize a wrongful death claim, you can also receive our support. 

At Byrd Davis Alden & Henrichson, LLP, we hold the distinction of being Austin’s oldest plaintiff’s personal injury law firm, with a significant history in handling wrongful death claims. Our firm covers a wide range of practice areas, with a particular focus on wrongful death, demonstrating our commitment to achieving justice for families enduring the pain of losing a loved one. For assistance with your wrongful death claim, don’t hesitate to contact us for invaluable support. 

What Is a Survival Action?

The term “survival action” refers to the legal claim that focuses on what the deceased would have earned had they survived the incident that resulted in their death. This is a legal action that can be used to hold the liable party accountable. The amount recovered in this type of claim would then go to the estate. The monetary value of a survival action is based on the pain and suffering of the individual who has died.

In particular, the estate can receive money for financial loss of wages, medical treatment expenses, and damages for pain and suffering. 

In most cases, the estate executor will file the survival action. However, a surviving child, parent, or spouse can file if there is no named executor of the estate. If there are no surviving heirs, another family member or someone selected by the court system can initiate the survival action.

What Is a Wrongful Death Claim?

A wrongful death claim is similar to a survival action in that the claim is made after the loss of a family member. However, the money in a wrongful death claim is given to close family members of the individual rather than the estate.

With a wrongful death claim, family members can receive much more compensation. In addition to lost wages, pain and suffering, and medical treatments, family members can also receive compensation for other losses. For example, a wrongful death claim may also cover burial expenses for the deceased.

Fewer people can file a wrongful death claim, including only the spouse, children, or parents. Other family members or court-appointed individuals cannot file a wrongful death claim. However, the survivors can join together, file a singular lawsuit, and then split the recovered compensation. Survivors may also choose to file several claims individually.

Which Legal Action Should You Take?

In some cases, you can file both a survival action and a wrongful death claim, such as when the deceased did not die immediately. However, most families will only be able to file one. 

Which legal action you should take will depend on your circumstances. You can receive more compensation through a wrongful death claim, but more individuals might qualify to claim on a survival action. 

How Can a Lawyer Help With Your Wrongful Death Claim?

If you want to file a wrongful death claim, we recommend you work with a qualified attorney for support. A lawyer from Byrd Davis Alden & Henrichson, LLP can support you in the following ways: 

• Conduct an independent investigation
• Work with medical professionals
• Negotiate with every party
• Prepare your case for court
• Collect evidence to prove liability
• Consult with experts
• Assure that all documents are filed correctly
• Review your damages
• Communicate with the other parties
• Organize your medical records and bills
• Work with your healthcare providers
• Organize and present the evidence
• Access research methods only available to legal professionals
• Quicker delivery of documents from law enforcement and doctors
• An understanding of the legal system and how to make it work for you

Please refrain from working without an attorney on this claim, as self-representation frequently results in reduced compensation. By working with a lawyer from Byrd Davis Alden & Henrichson, LLP, your family can face reduced stress and obtain complete compensation.

Fight for Complete Compensation: Contact Byrd Davis Alden & Henrichson, LLP for Support Today

Understanding the differences between wrongful death and survival actions can be complex, yet it’s crucial for families navigating the aftermath of a loved one’s tragic loss. At Byrd Davis Alden & Henrichson, LLP, we’re dedicated to guiding you through these challenging times with compassion and understanding. 

If you’re dealing with the pain of a wrongful death or are curious about the potential for a survival action, let our experienced team provide the clarity and support you need. Contact Byrd Davis Alden & Henrichson, LLP at our Austin office by calling (512) 253-3948 or completing our contact form for more information.