When a loved one dies unexpectedly due to someone else’s negligence, the emotional wreckage is instant. But as the dust settles, a more uncomfortable question often emerges: What now?
In Texas, families left behind can seek justice through two distinct legal routes—wrongful death claims and survival actions. They sound similar. Sometimes they even overlap. But legally, they serve very different purposes.
And if you’re trying to figure out which path applies—or whether both do—this is where a seasoned San Antonio wrongful death lawyer becomes more than just helpful. They become your translator in a legal system that doesn’t always speak human.
Wrongful Death Claims: For the Living
Let’s start here: a wrongful death claim is about the loss suffered by the surviving family members.
In other words, this claim exists to compensate the people left behind. It’s about the financial and emotional hole that opened up the moment that life was cut short.
Who Can File?
Under Texas law, the following people can bring a wrongful death claim:
- Spouse (including common-law spouses)
- Children (biological and legally adopted)
- Parents
If none of these family members file within three months, the executor of the estate may be able to step in.
What’s Compensated?
Wrongful death damages focus on what the survivors lost, including:
- Lost earning capacity (what the deceased would have earned)
- Lost love, companionship, and support
- Mental anguish
- Funeral and burial expenses (in some cases)
This is the law’s way of saying, “We can’t bring them back—but we recognize what they meant to you.”
Survival Actions: For the Deceased
Now flip the lens. A survival action is brought on behalf of the person who died. It’s essentially the lawsuit they could have filed if they’d survived the incident.
It “survives” their death—hence the name.
Who Files It?
Only the legal representative of the estate can bring a survival action. This is usually the executor named in the will or an appointed administrator.
What’s Covered?
The focus here is on the deceased’s experience and losses between injury and death:
- Medical expenses
- Lost wages (up until time of death)
- Physical pain and suffering
- Mental anguish
It’s not about what the family lost. It’s about what the victim endured.
Key Differences, Side by Side
| Factor | Wrongful Death | Survival Action |
| Who it’s for | Surviving family | The deceased (via their estate) |
| Who can file | Spouse, children, or parents | Estate representative |
| Damages awarded | Emotional and financial loss to survivors | Losses suffered by the deceased before death |
| Where money goes | Directly to surviving family | Into the estate and distributed to heirs/beneficiaries |
Can You File Both? Yes—And Often You Should
These are not either-or situations. In many cases, both a wrongful death claim and a survival action are filed together.
Why? Because one compensates for the family’s loss, and the other recognizes the suffering and costs experienced by the deceased. Together, they provide a fuller picture of what was taken away.
Why It Matters to Get It Right
These cases aren’t just paperwork and procedure. They’re deeply personal—and legally complex.
Timing matters. Evidence disappears. Statutes of limitations (typically two years in Texas) tick away. And insurance companies? They’re hoping no one in your family understands the distinction between these claims—or the value behind them.
Which is why working with a knowledgeable San Antonio wrongful death lawyer isn’t just about filing the right forms. It’s about making sure your loved one’s story is told completely—and that every piece of justice is pursued, not just the obvious ones.
There’s No Making It Right—But There Is Making It Known
Losing someone because of someone else’s mistake or misconduct is the kind of grief that leaves an imprint. You can’t undo it. But you can make sure it doesn’t go unanswered.
Understanding the difference between wrongful death and survival actions is one of the first steps toward that accountability.
