Can surviving family members make a claim for the pain and suffering of the person who died?

Yes.

When there is an accident that causes death, it is common that the person suffers some amount of pain and suffering before dying.

The wrongful death laws of Texas and most states allow a claim by the surviving family members to receive compensation for the pain and suffering of the family member prior to death.

This claim is part of what's called a "survival" claim in wrongful death cases.  In addition to pain and suffering, survival claims include a claim for reimbursement of medical expenses the person incurred before death, as well as funeral and burial expenses.

Contact us to have our attorneys answer any questions you may have on this topic.