The Difference Between Wrongful Death and Survival Actions

Texas law recognizes two different claims after a fatal accident. A wrongful death claim seeks compensation for the family’s losses, while a survival action addresses what the person experienced before death. Both often stem from catastrophic injuries that lead to a fatal outcome and reshape a family’s future.

What a Wrongful Death Claim Covers

A wrongful death claim compensates surviving relatives for their personal and financial losses. This can include lost income and the loss of companionship. Your DeSoto wrongful death attorney can help you review every way your and your family’s lives have been financially affected by your loss.

Families often rely on this claim to stabilize their finances. It can address household costs and acknowledge the loss. Our firm helps families pursue these cases with care and precision.

What a Survival Claim Covers

A survival action continues the legal rights of the person who passed away. It can recover medical bills and lost wages that accrued before death. Some cases also include documented pain during that period.

The recovery goes to the estate and is distributed under Texas inheritance laws. This compensation can reduce outstanding expenses and acknowledge what the person endured. Texas Civil Practice & Remedies Code § 71.021 sets out the rules for this claim.

Seeking Justice and Closure After a Loved One’s Death

A wrongful death claim is about finding answers and creating change that protects others. Each case can help improve safety standards and hold those at fault responsible. Families across DeSoto turn to our firm because they want a team that listens and takes action to make their voices heard.

Why Filing a Claim Can Help Prevent Future Harm

Wrongful death cases often lead to safer workplaces and public spaces. Hospitals and employers tend to review safety procedures once a claim exposes where gaps existed. OSHA’s 2024 workplace fatality prevention data shows that enforcement and civil claims have lowered preventable deaths across the country.

These cases serve a purpose beyond financial recovery. They reveal where systems failed and encourage better oversight moving forward. Our firm treats each case as an opportunity to push for lasting improvements that protect other families.

How Families Can Find Peace Through Legal Action

No claim can undo the loss, but it can help your family find direction after a difficult time. Many clients gain comfort knowing their efforts may prevent another death. Working with your DeSoto wrongful death attorney with Goff Law, PLLC gives you guidance from a legal team that understands what this process means for your future.

Legal action can also bring structure when life feels uncertain. Settlements may reduce financial pressure and give your household the chance to regain stability. Our firm stands beside you through every step and works to reach a resolution that honors your loved one’s memory.

DeSoto Wrongful Death FAQ

Losing someone you love can leave you unsure of what comes next. Many families want to know how these claims work, who can take part, and where to find support in DeSoto.

Can more than one family member be part of the same wrongful death claim?

Yes. Texas law permits immediate family members, such as a spouse or a parent, to join the same claim so the case accounts for the family’s loss.

What happens if the responsible person doesn’t have enough insurance to cover damages?

You may still seek payment from other assets or additional defendants who share fault. Your DeSoto wrongful death lawyer can review coverage and identify available avenues for payment.

How are settlements divided among surviving family members?

Courts divide the settlement based on each person’s relationship and level of loss. Texas Civil Practice & Remedies Code § 71.010 authorizes judges to set the division if the family cannot agree.

Can wrongful death claims be resolved through mediation instead of going to court?

Yes. Mediation can resolve a case without a courtroom when both sides participate in good faith and may shorten the timeline while reducing legal expenses.

Are there community resources or support groups in DeSoto for families coping with loss?

Yes. Local options include Faith Bible Church GriefShare in DeSoto, which offers weekly meetings for adults who’ve lost a loved one, and Methodist Charlton Medical Center’s Pastoral Care Program for families seeking emotional support. Dallas County’s Community Council Support Network also provides counseling referrals and bereavement resources.