Before moving forward with a wrongful death claim in Austin, note the differences between survival actions and wrongful death claims.
How Wrongful Death Claims Differ From Survival Actions
A survival action is the deceased’s legal claim that passes to their estate. For example, if your loved one had a tremendous amount of pain and suffering after the accident and prior to their death, they may have been entitled to substantial compensation for their pain. After they passed, the right to that claim passed to their estate. The compensation from that claim would be distributed as part of the estate.
A wrongful death claim is filed directly by the surviving family members. Compensation does not go through the estate.
Whether you can file a survival action, wrongful death claim, or both depends largely on the details of the accident and the case as a whole. Speak to our Austin wrongful death lawyers to learn more about your legal options.
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