Are survival claims the same thing as a wrongful death claim?

No, in Texas survival claims are not the same thing as a wrongful death claim. There is a separate statute that deals with survival claims, the Texas Survival Statute. The survival claim is a personal injury for the deceased. Under this statute an heir or estate representative may file a personal injury claim in the same manner that the deceased would have been able had they lived. This law allows the family member to recover compensation on behalf of the deceased for their pain, suffering and mental anguish before death.

In contrast a wrongful death claim is compensation filed by the deceased person’s spouse, children and parents. The damages in a wrongful death suit are paid to the surviving family members and the estate for their loses.