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August 4, 2024 by Greg Baumgartner
When a loved one dies due to the negligence or wrongful actions of another, the grief and pain can be overwhelming. In Houston, Texas, the legal system provides two distinct avenues for seeking justice and compensation: wrongful death claims and survival actions. This article delves into the specifics of wrongful death claims and survival actions and when both may be applicable.
In Texas, a wrongful death claim is defined under Chapter 71 of the Texas Civil Practice and Remedies Code. This type of claim arises when a person dies as a result of another party’s wrongful act, neglect, or default. The statute specifically allows for the surviving spouse, children, and parents of the deceased to file a lawsuit seeking compensation for their losses.
The purpose of a wrongful death claim is to provide financial relief for the emotional and economic impact caused by the death of a loved one. Compensation may include damages for loss of companionship, mental anguish, lost wages, and other related expenses.
It is important to note that Texas law places a limit on the time frame for filing a wrongful death claim, which is generally two years from the date of death.
Families may find themselves facing not only emotional turmoil but also significant financial pressures following the loss of a loved one. Therefore, engaging a top wrongful death attorney in Houston, TX, can help families pursue the compensation they deserve.
A survival action in Texas is a legal remedy that allows the estate of a deceased person to pursue claims that the deceased could have brought had they survived. This type of action is governed by Texas Civil Practice and Remedies Code 71.021.
Unlike wrongful death claims, which focus on the losses experienced by the survivors, survival actions focus on the losses suffered by the deceased prior to their death.
In a survival action, the estate can seek compensation for damages that include medical expenses incurred before death, lost wages, pain and suffering experienced by the deceased, and any other losses directly related to the wrongful act.
The survivors, such as the deceased’s spouse or children, do not receive compensation for their emotional distress or loss of companionship through this action. Instead, any damages awarded are paid to the estate and distributed according to the deceased’s will or Texas inheritance laws.
Survival actions must also be filed within a specific timeframe, typically within two years of the date of the wrongful act that led to the death.
Both wrongful death claims and survival actions can be pursued in cases where a person has died due to the negligence or intentional actions of another party. However, the availability of each depends on the circumstances surrounding the death and the specific losses incurred.
In situations where the deceased suffered damages before their death, such as pain, suffering, or medical expenses, a survival action may be appropriate. This action allows the estate to seek compensation for those losses, reflecting the experiences of the deceased prior to their passing.
Conversely, if the focus is on the emotional and financial impact of the loss on the surviving family members, a wrongful death claim is more suitable. This claim addresses the grief and suffering experienced by the survivors, acknowledging their loss and the disruption to their lives.
In many cases, both types of actions can be filed simultaneously. This dual approach can provide a more comprehensive recovery for the family, addressing both the losses suffered by the deceased and the emotional toll on the survivors.
Ultimately, both wrongful death claims and survival actions aim to provide a sense of justice and financial relief for families left to cope with the aftermath of a tragic loss. By seeking legal counsel and pursuing the appropriate claims, families can honor their loved ones and work towards rebuilding their lives.
What is the Difference Between a Wrongful Death Claim and a Survival Action?
Understanding the Texas Survival Statute
Texas Wrongful Death Beneficiaries
How to File a Wrongful Death Claim in Texas
Featured Image Source: https://pix4free.org/photo/10593/wrongful-death.html
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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