Survival Actions in Houston Wrongful Death Cases
In Texas, “survival actions” let the estate of someone who has died seek compensation for the pain and suffering that person went through before they passed away. Houston survival accidents are different from wrongful death cases in Houston, which focus on the losses experienced by the deceased person’s family. Wondering how we can help with a wrongful death survival case in Houston, Texas?
Why Choose Baumgartner Law Firm for Survival Actions in Houston
When your family faces the loss of a loved one, you need experienced legal guidance through the complexities of Texas survival actions. Since 1985, Baumgartner Law Firm has helped Houston families recover millions in survival action damages for estates.
40+ Years of Specialized Experience
Attorney Greg Baumgartner at Baumgartner Law Firm has over four decades of experience in serious personal injury and wrongful death cases. We understand Texas survival statutes, Houston probate courts, and how to maximize recovery for your loved one’s estate.
Undefeated Track Record
We maintain an AV Preeminent rating from Martindale-Hubbell and a perfect 10.0 AVVO rating. Our proven results include recovering compensation for medical expenses, lost wages, pain and suffering, and other damages your loved one suffered before death. We have secured millions of dollars for the families of truck accident victims after an 18-wheeler crash.
We Navigate the Probate Process
Survival actions may require working through the Texas probate courts. Our team handles all aspects, from filing claims to managing estate distribution, so your family can focus on healing during this difficult time.
No Fee Unless We Win
We work on a contingency fee basis. You pay nothing up front, and we only collect our fee when we successfully recover compensation for the estate.
Dual Claims for Maximum Recovery
We have extensive experience filing both wrongful death claims and survival actions simultaneously. This comprehensive approach ensures your family receives compensation for their losses while the estate recovers damages for what the deceased endured.
Compassionate, Personalized Service
Unlike large firms, we provide personal attention to every client. We’ll explain your rights, keep you informed, and handle all dealings with insurance companies and opposing counsel.
Contact our Houston survival actions attorneys for a free consultation. Call (281) 587-1111 to discuss your case with an experienced attorney who can evaluate your legal options.
About Texas Survival Cases
- Survival actions are about getting compensation for the deceased's suffering, while wrongful death claims focus on the family's losses.
- The personal representative (often the executor named in a will) must file survival action claims promptly and manage the distribution of the funds.
What is a Survival Action in Texas?
A survival action is a legal claim brought by the estate of someone who died as a result of another person’s actions. It seeks to recover damages the deceased could have claimed if they had lived. This action focuses on the suffering experienced by the deceased from the time of injury until their death. The compensation is distributed to the estate and is handled according to the deceased’s will or, if there’s no will, according to Texas state laws. This ensures the estate is compensated for what the deceased endured.
Who Can File a Survival Case in Texas?
What Damages Can Be Recovered in a Survival Action?
Survival actions cover various types of damages, including:
- Pain and suffering- Compensation for the physical and emotional distress endured before death.
- Medical expenses- Costs related to the injury and treatment received.
- Lost wages - the income the deceased would have earned if they had survived.
- Disability- damages for being disabled before death.
- Loss of enjoyment of life - compensation for not being able to do the things they wanted. And
- Other personal injury damages.
How Are Survival Action Proceeds Distributed?
The money awarded from a survival action is managed through the probate process. The probate process ensures that any debts of the deceased are paid off first. After settling debts, the remaining money is distributed according to the deceased’s will or Texas state laws.
If there is a will, the distribution follows its terms, but taxes and claims from creditors may also affect the proceeds. In wrongful death cases in Texas, compensation is generally awarded based on the personal relationship with the deceased.
Impact of Probate on Distribution
The probate process confirms the validity of a will and manages how the estate is divided. It can delay the distribution of funds, as any outstanding debts must be settled first. Beneficiaries might have to wait longer to receive their share if the estate is complex.
Role of the Personal Representative
Difference Between Survival Actions and Wrongful Death Claims
Survival actions focus on the pain and suffering and other personal injury damages of the deceased, while wrongful death claims address the emotional and financial impact on the family. In Texas, both types of claims can be filed together, providing a complete approach to seeking justice.
Our Houston wrongful death estate claims attorney offers a free case consultation- call (281) 587-1111.
Statute of Limitations for Survival Actions
In Texas, you must file a survival action or wrongful death claim within two years of the injury that led to the death. Failing to do this can mean losing the chance to recover compensation.
Need an Attorney for Your Personal Injury?
Why You Need an Experienced Wrongful Death Survival Attorney for Your Case
Navigating survival action claims can be complicated, so having a knowledgeable attorney is essential. They can help collect necessary documents, manage the legal process, and support families as they deal with their loss.
Call a survival action attorney Houston to go over your options for justice.
For a FREE Consultation Contact Us Today
"*" indicates required fields
Related Links
Our Experienced Houston Personal Injury Lawyer Can Help!
Legal Services
Call a Top-Rated Wrongful Death Attorney in Houston for Help!
Talk with a top-rated personal injury lawyer by calling (281) 587-1111.
OR
Fill out an online consultation request for a FREE consultation.
Frequently Asked Survival Action Questions
What is a survival action?
Who can file a survival action claim?
What damages can be recovered?
How are proceeds distributed?
What is the statute of limitations?
Related Resources
- What is the Difference Between a Wrongful Death Claim and a Survival Action?
- The Difference Between a Wrongful Death and a Survival Action in Texas?
- Understanding the Texas Survival Statute
- The Difference Between a Wrongful Death Case and a Survival Claim in Texas?
- Is Wrongful Death the Same as Negligence?
Speak with a Houston Survival Action Attorney Today
If you’ve lost a loved one due to someone else’s negligence, understanding your legal options can be overwhelming. At Baumgartner Law Firm, we have over 40 years of experience helping Houston families navigate both survival actions and wrongful death claims. We’ll explain your rights, handle the complex probate process, and fight to recover the compensation your loved one’s estate deserves.
Our Houston wrongful death lawyers work on a contingency fee basis—you pay nothing unless we win your case. Let us handle the legal complexities while you focus on your family.
Call (281) 587-1111 for a free consultation, or contact us or complete our online form to get started today.
"*" indicates required fields
