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Steve Kherkher - January 5, 2026
When a loved one’s life is cut short because of someone else’s negligence, two different legal paths may come into play: wrongful death vs survival action. Understanding the difference is essential, not only to protect your rights but also to ensure that every form of loss is recognized under Texas law.
Kherkher Garcia LLP has represented families in Houston, and across Texas, during the hardest moments of their lives. We seek to hold the negligent party accountable while helping clients regain their stability and obtain the justice they deserve. In the article below, our wrongful death attorneys explain how these two causes of action work in Texas, how damages differ, and what steps you can take to preserve your claim.
A wrongful death lawsuit exists to compensate surviving family members for the personal and financial harm caused by another’s wrongful act or omission that leads to death. In Texas, this action arises when a person or company’s negligence, recklessness, or intentional misconduct results in the death of another.
The Texas Civil Practice and Remedies Code allows only specific beneficiaries—the surviving spouse, children, and parents—to file this type of claim. These family members may pursue compensation for losses such as companionship, financial support, and emotional suffering. Unlike a survival action, the wrongful death claim focuses on how the death impacts the living relatives, not what the deceased endured before passing.
When we file a wrongful death case, we present clear evidence of liability, economic damages, and the profound emotional toll the loss has taken on the family.
A survival action continues the decedent’s own right to recover damages as though they had survived the injury. In essence, it allows the estate to pursue compensation for the pain and suffering the individual endured, as well as the medical bills incurred between the time of injury and death.
According to the Texas Civil Practice and Remedies Code §71.021, a cause of action for personal injury “does not abate because of the death of the injured person.” Instead, the claim survives in favor of the person’s heirs, legal representatives, or estate. This means that the estate steps into the shoes of the deceased, asserting the same rights the individual would have had if they were still alive.
Funds recovered through a survival action become part of the estate and are distributed according to the will or Texas intestacy laws. This distinction is crucial because, while a wrongful death claim benefits the family members directly, a survival claim benefits the estate itself.
While both lawsuits arise from the same tragic event, they serve different purposes and compensate for different kinds of harm. The following points summarize the main distinctions:
Understanding the differences between wrongful death vs survival action helps families ensure that no aspect of their loss is overlooked.
Damages in a wrongful death case compensate family members for the emotional and financial impact of losing a loved one. They may include loss of companionship, mental anguish, financial support, household services, and inheritance. Courts can also award punitive damages in cases of gross negligence, ensuring accountability and meaningful recognition of the family’s suffering.
A survival action seeks damages the deceased could have recovered if they had lived. These include medical expenses, pain and suffering before death, lost income, and property losses. Because these funds belong to the estate, they pass through probate and may satisfy creditor claims, ensuring the decedent’s rights are fully honored under Texas law.
Both wrongful death and survival actions are subject to the same general deadline under Texas Civil Practice and Remedies Code §16.003. This law requires that lawsuits for personal injury or death be filed within two years of the date the cause of action accrues—usually the date of death. However, there may be exceptions that could alter these timelines. It is advised to consult a wrongful death attorney to clarify where your case stands.
Yes. The wrongful death claim focuses on the family’s suffering and economic loss, while the survival action covers what the deceased endured before passing. Filing both claims doesn’t duplicate damages—it ensures that justice addresses every facet of the tragedy. Our firm often files both simultaneously, coordinating with estate representatives to avoid procedural conflicts and to preserve all potential recovery.
At Kherkher Garcia LLP, our track record reflects decades of fighting for families who have lost loved ones to preventable tragedy. Our team has helped secure record-setting settlements and verdicts in cases involving:
While every case is unique, our results demonstrate a consistent commitment to thorough preparation, compassionate representation, and the relentless pursuit of accountability.
When negligence takes a life, the deceased’s family should have options to find answers and the means that help in rebuilding their life. At Kherkher Garcia LLP, we understand that pursuing justice is about more than compensation—it’s about restoring balance and honoring the person you’ve lost. Call 713-333-1030 or contact us online to speak with a Houston wrongful death attorney. Our Houston, Galveston, and Dallas wrongful death lawyers at Kherkher Garcia are here to help.
Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence. Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years. With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
Steve Kherkher
FOUNDING PARTNER AND 35+ YEAR TRIAL LAWYER
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
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