By: Sean Chalaki
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I’ve heard about “survival” claims. Are they the same as a wrongful death claim?
No. Under the Texas Survival Statute, a deceased person’s heir or estate representative can assert a personal injury claim that the deceased person would have been able to assert if he or she had survived a fatal accident. A wrongful death claim is a separate claim for compensation that belongs to the deceased person’s spouse, children and parents, based on the loss of their loved one.