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Wrongful Death vs. Survival Action

Name: Janicek Law
Address: 1100 NE Interstate 410 Loop #600, San Antonio, Texas, 78209
Telephone: 210-366-4949

November 4, 2022
Wrongful Death

The death of a loved one is always a tragic event. The consequences can be devastating when a loved one is taken from us too soon by someone else’s negligent actions. Texas law gives families two options to seek justice and get compensation after the death of a loved one. After an unfortunate event like this, it may feel distasteful to think about money and lawsuits. This is a normal feeling. A wrongful death claim or a survival action can help bring your family closure after a sudden and expected death. With the help of an experienced San Antonio personal injury attorney from Janicek Law, you and your family can get justice for your lost family member. If your loved one was taken too early by someone’s negligent actions, call the personal injury lawyers at Janicek Law today at 210-366-4949.

What is a Wrongful Death Claim?

A wrongful death claim is a lawsuit meant to compensate surviving family members of the deceased person. Wrongful death lawsuits can recover financial compensation for funeral expenses, medical expenses, and loss of financial support for the surviving spouse or children. The damages awarded in a wrongful death claim are intended to compensate surviving family members for their losses. Besides medical bills and burial expenses for the deceased, compensation can include loss of companionship and loss of guidance.

Who Can Pursue a Wrongful Death Claim?

Immediate family members or a personal representative of the deceased person’s estate are the only ones who can pursue wrongful death claims under Texas law. This includes parents, children, and the deceased person’s spouse. In-laws, partners, and significant others cannot file a wrongful death claim.

What is a Survival Action Claim?

A survival action is essentially a personal injury lawsuit on behalf of a deceased person. Personal injury lawsuits recover compensation for a victim. A survival action can recover compensation for pain and suffering, lost wages, property damage, and other losses that the deceased suffered before their death. The damages are awarded directly to the decedent’s estate.

Who Can Pursue a Survival Action?

Unlike a wrongful death action, a survival action can only be pursued by a representative of the estate after the victim’s death. The executor of the will is the only person allowed to file a survival action. Once the damages are awarded, the money goes directly to the estate and is divided among people listed in the will.

Wrongful Death vs. Survival Action: What’s the Difference?

Wrongful death and survival actions may seem very similar. Survival actions differ in a few key ways. After a successful survival action, the damages are awarded to the deceased’s estate. In a wrongful death case, the damages are awarded to the surviving family members. A survival action focuses more on the losses suffered by the deceased before their death, while a wrongful death claim focuses on the surviving family’s losses.

What Evidence Do I Need to Pursue Wrongful Death Claim Or Survival Action?

To pursue a wrongful death claim, you and your legal team must prove that someone else’s negligence caused the death of your loved one. You also need to be able to prove that their death caused financial losses to you and your family.

Survival actions are meant to compensate the victim’s estate for financial losses that happened before they died. For a survival action, family members need to be able to prove that the injuries were caused by negligence.

Gathering evidence for these cases can be tricky, especially while still mourning your lost family member. Let the attorneys at Janicek Law support you through this difficult time. We can focus on gathering evidence while you focus on healing. We keep open communication throughout the process, so you can call us at any time to check the status of your case.

How Do I Know if I Have a Wrongful Death Case or a Survival Action?

Talking to a reputable law firm like Janicek Law can help you figure out which case to pursue. In some cases, both a wrongful death claim and a survival action can be pursued. If your family member succumbed to their injuries after starting legal action, Janicek Law can turn personal injury lawsuits filed before the victim’s death into a survival action.

Can I File a Wrongful Death Lawsuit and a Survival Action at the Same Time?

At Janicek Law, our experienced attorneys can help you file a wrongful death lawsuit and a survival action at the same time. The compensation for both of these claims focuses on different aspects, so Texas law allows family members to pursue both at the same time.

Can Survival Actions and Wrongful Death Claims Have Different Defendants?

Survival actions and wrongful death lawsuits don’t have to have the same defendant. The negligence of different parties may have led to injury and then an untimely death. At Janicek Law, our attorneys will investigate the case and pursue all possible leads for negligent parties.

If your loved one was injured at a nursing home and later died due to medical malpractice in a hospital, we can help you pursue both claims.

Texas Statute of Limitations

The time following a loved one’s death can be overwhelming and full of despair. Texas law puts a time limit on personal injury lawsuits, including survival claims and wrongful death actions. You only have two years after a family member dies to recover damages from a civil lawsuit. Establishing an attorney-client relationship with an experienced lawyer at Janicek Law can make sure you meet all the legal deadlines. We can protect your right to legal action while you take the time you need to mourn.

Contact the Experienced Personal Injury Attorneys at Janicek Today

If your family member died due to someone else’s negligence, you have legal options available. The wrongful death attorneys at Janicek Law are ready to support you and your family through this emotional time. People should be held responsible for their negligent actions. Whether the death occurred due to a car accident or nursing home negligence, our personal injury attorneys can help. Call us today for a free consultation in your case at 210-366-4949.

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   Natasha Garza 
 31 August 2026
 
 
 Trustindex verifies that the original source of the review is Google. We had an amazing experience with Janicek Law from beginning to end. Karen Rangel recommended us to Cassidy Muniz, and we are so thankful she did. Cassidy assisted myself, my husband, and our two daughters, and all four of us are extremely happy with the experience and outcome. Cassidy truly went above and beyond for our entire family. She was always responsive, patient, professional, and helpful, and she kept us informed throughout the entire process. Everything went smoothly, we had no issues, and she made what could have been a stressful situation so much easier for us. The entire team at Janicek Law is amazing, and we felt like we were in great hands from start to finish. We are incredibly grateful to Karen for recommending Cassidy and especially grateful to Cassidy for everything she did for our family. We would 100% recommend Cassidy and Janicek Law to anyone looking for a team that truly cares about their clients. Thank you all so much for everything! ❤️
  
 
       
   Alex McWhirter 
 18 August 2026
 
 
 Trustindex verifies that the original source of the review is Google. We were referred to Janicek Law firm from a lawyer in Brownsville, who pointed out that they are experts in the field of medical malpractice and I am so grateful. We worked with Andrew and Gaby and they were dedicated and worked hard to get us the best possible outcome. They kept us informed and updated through every step of the process, always with a friendly and very professional disposition. Despite language and distance challenges, they accommodated all of our needs, and I would highly recommend Janicek Law Firm. They made a bad situation better by listening to our concerns, helping us through a sorrowful time for my family, and advising on how to defeat our opponent. For any families that have a beloved and elderly relative who suffered in the hands of callous and neglectful medical institutions, Janicek Law Firm were amazing in advocating for our relative and making these corporate entities accountable. Thank you, Andrew and Gaby, we really appreciated your help!
  
 
       
   Heidi Soto 
 8 August 2026
 
 
 Trustindex verifies that the original source of the review is Google. Mr Bernal and Karen were great. They always kept me up to date on all that was going on at all times. When it came down to mediation Mr Bernal knew exactly what to do and say to make things clear with the insurance company who wanted to take advantage of me. I highly recommend Mr Bernal if you ever are in an accident. He will definitely take care of you.
  
 
       
   Lucy 
 30 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. I am beyond thankful for everyone at Janicek law for the professionalism, dedication, and support you all have showed throughout my lawsuit. From the very beginning, you all made a difficult and stressful situation much easier to navigate! Thank you for taking the time to answer my questions, keeping me informed every step of the way and making this process as stress free as possible! I can without a doubt definitely recommend this law firm!
  
 
       
   Iris Contreras 
 16 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. I have started this review so many times, but every time I do, I realize there simply aren't enough words to thank the people at Janicek Law. Almost 3 years ago, my world ended. I lost my son, Zayden—the greatest love of my life. My other son, Zy, witnessed the unimaginable that day. He carries those memories with him every single day, and we are forever grateful that he is still here because we very easily could have lost him too. Our family didn't just experience a tragedy—we experienced trauma that changed us forever. When I first met the team at Janicek Law, I wasn't just grieving. I was broken. I was a mother trying to survive the unthinkable while helping my surviving son heal from something no child should ever witness. I didn't know if I had the strength to keep fighting. There were so many moments when I wanted to give up. Every deposition, every conversation, every piece of evidence forced me to relive the worst day of my life. I told them I couldn't do it anymore. But they never let me forget why we were fighting. They reminded me that Zayden deserved justice. They reminded me that Zy deserved justice. They believed in my family even when I couldn't believe in myself. What makes Janicek Law different is that this was never just a job to them. They never made me feel like another client or another case number. They knew my children by name. They celebrated Zayden's life. They cried with us, prayed with us, hugged us, encouraged us, and walked beside us through every heartbreaking step. They carried a piece of this burden with us, and I will never forget that. Even after the case was over, they didn't disappear. They still answer my calls. They still help me with paperwork. They still check on me. They still make me feel like my family matters. That's something you cannot fake. That's love. Somewhere along the way, I stopped seeing them as "my attorneys" and started seeing them as family. And I truly believe I have a family for life. No amount of money will ever bring my little boy back. I would trade every penny to hear his laugh one more time. But because of Janicek Law, I have peace knowing that his life mattered, his story was heard, and that they fought for my boys with everything they had. From the deepest part of a mother's heart... thank you. Thank you for loving my children. Thank you for never giving up on us when I wanted to give up myself. Thank you for standing beside us through the darkest chapter of our lives. You gave my family more than legal representation—you gave us hope, dignity, and people we will love for the rest of our lives. You helped a grieving mother find the strength to be the voice her son no longer had. In a world that can feel so unfair, you reminded me that there are still genuinely good people. We love each and every one of you, and we will never forget what you did for Zayden, for Zy, and for us.❤️
  
 
       
   Destiny Sanchez 
 14 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. My friend Karen referred us to Janicek law firm and I am so grateful. We worked with cassidy moving forward and she went above and beyond while helping me with my accident case. From the very beginning, she was professional, knowledgeable, and always available to answer my questions. She kept me informed throughout the entire process and made a stressful situation much easier to handle. Her dedication, hard work, and attention to detail truly made a difference in my case. I am incredibly grateful for everything she did for me and my family. I would highly recommend Cassidy and Janicek Law Firm, who genuinely cares about clients and fights for the best possible outcome. Thank you cassidy for everything!
  
 
       
   Virginia-Ann Bernal 
 8 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. After my accident, I felt overwhelmed and had no idea what to do next. Choosing Janicek Law Firm was one of the best decisions I could have made. From the very beginning, Philip Bernal,  Cassidy Muniz, and Karen Rangel took the time to explain the process, answer my questions, and make sure I always knew what to expect. Cassidy and Karen were  absolutely incredible throughout my entire case. They coordinated my medical care, helped with scheduling appointments, communicated with my insurance, and was always available whenever I needed guidance or reassurance. Their compassion and dedication truly made a difficult time so much easier. The entire team worked hard to build my case, keeping me informed every step of the way, and ultimately secured a settlement I was very happy with. More importantly, they gave me the peace of mind to focus on healing instead of worrying about the legal process. I can’t thank Philip, Cassidy, Karen and everyone at Janicek Law Firm enough for their professionalism, kindness, and commitment. If you’re looking for a law firm that genuinely cares about its clients, I highly recommend them. THANK YOU SOO MUCH!!
  
 
       
   Corey Sil 
 29 June 2026
 
 
 Trustindex verifies that the original source of the review is Google. Mr. Skemp and Gaby took care of everything and made my suit for Wrongful Death as easy as possible. I couldn’t have done any of this with out them! They honored and represented my Mother to the fullest and for that I am greatful! G. Silvas
  
 
       
   Jasub Baez 
 22 June 2026
 
 
 Trustindex verifies that the original source of the review is Google. Good lawyers .
  
 
       
   Aldo Salinas 
 10 June 2026
 
 
 Trustindex verifies that the original source of the review is Google. I highly recommend the team at Janicek Law. From the very beginning, they provided outstanding legal service that was both professional and deeply compassionate. The entire staff is incredibly knowledgeable, and they made a complex process feel manageable and stress-free. It’s rare to find a firm that combines such high-level legal expertise with a genuinely friendly, client-focused approach. I am very grateful for their support and would choose them again without hesitation.
  
 
 
 
  
 
   Google rating score: 4.8 of 5, based on 358 reviews

Janicek Law handled my case with such professionalism. I was always kept in the loop about what was going on with my case. Cassidy Muniz is amazing at what she does and I really felt like they actually cared about me and my case. Highly recommend Janicek Law Firm!

I could not be happier with the service and compassion from the Janicek Law Firm. They were friendly, responsive and knowledgeable throughout the entire process. I would give ten stars if I could – They are excellent!

Janicek Law was patient and understanding to my situation – it’s a fight – but they would make my father proud. Thanks you for taking the time to look over my case and speaking up for my family.

Beth and Mona have been truly helpful with our case! They have really done an amazing job. I would highly recommend them to anyone I know.

Incredibly talented and knowledgeable attorneys that will fight negligent nursing homes and bring Justice to the elderly and their families.

I am very happy and pleased with the Janicek Law Firm. I had such a difficult time finding someone to look into my case. The Janicek Law Firm has been very professional and attentive to my questions. They will take the time and review your situation and have been very dedicated in reviewing my case.