What kinds of claims can I make in a death case?

A: In cases involving the death of a person, generally there are two types of claims:  (1) wrongful death claim, and (2) survival claim.

A wrongful death claim is a claim belonging to a person releated to the deceased individual, for the loss of their family member.  Under Texas law, only spouses, children and parents may assert a claim for wrongful death.  The damages involved in this type of claim include the mental anguish and emotional loss over losing a loved one, as well as certain financial claims such as loss of wages and loss of inheritance.

A survival claim belongs to the "estate" of the deceased person, and is a claim for any pain and suffering experienced by the person before their death.  A survival claim may also involve medical bills incurred by the person prior to death, as well as burial expenses. 

It is wise for any attorney handling a death case to always engage the services of a qualified probate attorney.  The probate attorney will "open an estate," typically in probate court.  This will ensure that any and all wrongful death and survival claims are properly before the Court.

If you have any additonal questions about wrongful death and survival claims, you should consult with a qualified and experienced personal injury law firm.