When a family member dies in an accident because of someone else’s negligence, Texas law may allow two separate legal claims. A wrongful death claim covers what the family loses after the death, like income and companionship. A survival action covers what the person who died went through before their death, like medical bills and pain.
If you lost a loved one to an accident in 2026, a McKinney, TX wrongful death attorney can explain how wrongful death and survival action claims affect how much your family recovers.
What Is a Wrongful Death Claim Under Texas Law?
According to the Texas Department of Transportation, 4,289 people were killed in traffic crashes across Texas in 2023. When a fatal crash was caused by wrongful or negligent conduct, certain family members may have the right to pursue a wrongful death claim. Under Texas Civil Practice and Remedies Code Section 71.002, this claim lets certain surviving family members seek compensation for what they lose when a wrongful act, negligence, or default causes their loved one’s death.