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May 8, 2023 by Greg Baumgartner
The Texas survival statute allows the heirs of the deceased to claim personal injury damages if the deceased did not die instantly. In effect, the estate stands in the decedent’s shoes for damages like pain, suffering, and medical expenses. Other damages may also be claimed.
The Texas survival statute is an important legal provision. It 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 the 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.
Section 71.021 of the Texas Civil Practice and Remedies Code outlines the Texas survival statute. It is a crucial legal provision that ensures specific causes of action continue even after the death of a plaintiff or defendant. This statute applies to all personal causes of action that are personal to the individual. It means they would not cease with the person’s death. Such causes of action include breach of contract, fraud, or wrongful death claims.
However, the most common use of the Texas Survival Statute is to pursue personal injury damages suffered by the deceased before their passing. These damages encompass a range of losses, including medical bills and pain and suffering. They also include lost wages, mental anguish, disability, and disfigurement. The estate or heirs of the deceased seek such damages. Any recovery is considered part of the deceased person’s estate.
In the event of a wrongful death, the estate of the deceased can be administered through a legal process known as probate. The appointed executor of the estate assumes the responsibility of managing the deceased person’s assets and distributing them according to their will or the laws of intestacy. The executor or administrator is authorized to file a wrongful death claim on behalf of the deceased person’s surviving family members.
While the executor or administrator typically handles the legal aspects of a wrongful death claim, it is important to note that immediate family members also have the option to bring an individual claim. However, regardless of who files the claim, the assistance of an experienced attorney is crucial. An attorney with expertise in wrongful death claims can guide individuals through the process. They can assess the claim’s validity, gather necessary evidence, negotiate with the other party for a fair settlement, or file a lawsuit.
Navigating the legal requirements of filing a wrongful death claim after the loss of a loved one can be complex. Compliance with the Texas survival statute and the laws governing probate is essential. By seeking the guidance of a knowledgeable attorney, particularly one with experience in Houston, individuals can ensure they receive the necessary support to navigate this challenging process successfully.
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 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.
When a person dies, their estate can be administered through a legal process known as probate. The estate executor 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.
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 and gather evidence to support your case. They can negotiate a fair settlement for the fatal accident with the other party or file a 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 involving a loved one. This includes complying with the Texas survival statute and the laws governing probate.
The estate, heirs, or legal representative can bring a survival action under the Texas Survival Statute.
The purpose of the Texas Survival Statute is to allow a personal injury lawsuit to continue even after the death of the injured person.
A survival action is presented like an ordinary personal injury lawsuit. Damages such as pain and suffering and other economic and noneconomic damages must be proven.
Under the Texas Survival Statute, damages such as lost wages, medical bills, property damage, funeral expenses, and similar costs are available.
The Texas Survival Statute allows for a personal injury lawsuit to “survive” the death of a person.
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. Therefore, 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.
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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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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