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Understanding the Texas Survival Statute

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The Texas survival statute is an important legal provision that allows specific causes of action to survive the death of a plaintiff or defendant. Call the leading wrongful death lawyer in Houston to learn about your rights and options.

If a person dies before a lawsuit is resolved, their estate or heirs can continue their claim. Or if a person is seriously injured in a car accident that later causes death. The survival statute enables the estate to pursue personal injury damages before death.

Understanding the Texas Survival Statute

The Texas Survival Statute

In Texas, the survival statute is found in Section 71.021 of the Texas Civil Practice and Remedies Code. This statute applies to all causes of action that are personal to the individual, meaning that they would not cease with the person’s death.

Examples of causes of action that would survive under the Texas survival statute include claims for breach of contract, fraud, or wrongful death.

Yet, most often, the Texas Survival Statue is used to sue for personal injury damages suffered by the deceased before passing. These damages include medical bills, pain, suffering, lost wages, mental anguish, disability, and disfigurement.

Wrongful Death Claims in Texas

A wrongful death claim is one of the most common types of claims covered by the Texas survival statute. Wrongful death claims can be brought by the immediate family members of someone who died due to someone else’s negligence or intentional act.

Under Texas law, wrongful death claims must be filed within two years of the date of the accident that caused a person’s death. The damages that can be recovered in a wrongful death claim include compensation for the deceased person’s pain and suffering, medical expenses, funeral expenses, and loss of future earnings.

Texas wrongful death cases can take from many months to several years to settle or get to trial.

The Role of the Executor

When a person dies, their estate can be administered through a legal process known as probate. The executor of the estate manages the deceased person’s assets and distributes them according to their will or the laws of intestacy.

In filing a wrongful death claim, the executor of the estate is the person who is authorized to file the lawsuit on behalf of the deceased person’s surviving family members. This means that the executor or administrator is responsible for hiring an attorney, filing the case, and managing the litigation process.

However, a wrongful death claim can be brought individually by immediate family members.

Importance of Hiring an Experienced Attorney

If you want to file a wrongful death claim in Texas, getting an experienced attorney who can guide you through the process is crucial. An experienced attorney can help you determine whether you have a valid claim, gather evidence to support your case, and negotiate a fair settlement for the fatal accident with the other party or file your lawsuit.

Additionally, an experienced attorney in Houston can help you navigate the complex legal requirements of filing a wrongful death claim after a fatal accident of a loved one, including complying with the Texas survival statute and the laws governing probate.


The Texas survival statute is an essential legal provision that allows specific causes of action to survive the death of a plaintiff or defendant. If you are wondering about filing a wrongful death case in Texas, it is vital to understand how the survival statute applies to your case and to hire an experienced attorney to guide you through the process.

We hope this guide has been informative and helpful in your search for information about the Texas survival statute and wrongful death claims in Texas.

Contact a Leading Wrongful Death Attorney in Houston at Baumgartner Law Firm

If you have questions and want to speak with an experienced wrongful death lawyer about your case, call (281) 587-1111 for a FREE consultation!

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

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