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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. Survival accidents are different from wrongful death claims, which focus on the losses experienced by the deceased person’s family. Wondering about Texas wrongful death survival cases? Read on.
Executive Summary
Both types of claims can be filed simultaneously in Texas to ensure fair compensation for everyone affected.
A survival action is a legal claim made by the estate of someone who died due to someone else’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 injury until their death.
The compensation goes to the estate and is distributed according to the deceased’s will or by Texas state laws if there’s no will. This ensures the estate is compensated for what the deceased endured.
Only the personal representative of the deceased’s estate can file a survival action. This person is usually named in the will, but the court can appoint someone to take on this role if there isn’t one. In some instances, a family member files as the representative of the estate without court approval when filing a wrongful death lawsuit. The representative must gather evidence and file the claim promptly to ensure the estate receives compensation.
Survival actions cover various types of damages, including:
These are personal injury damages that aim to provide justice for the suffering experienced by the deceased.
The money awarded from a survival action is managed through the probate process. The probate process means it’s used to pay off any debts of the deceased 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. With wrongful death cases in Texas, compensation is generally awarded based on the personal relationship with the deceased.
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.
The personal representative, or executor, is responsible for filing the survival action and managing the estate. They ensure all legal requirements are met, debts are paid, and proceeds are distributed correctly according to the estate plan.
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.
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.
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 dealing with their loss.
If you’ve lost a family member and need assistance, contact the Houston wrongful death attorneys at Baumgartner Law Firm in Houston for a free consultation. Our experienced attorney can guide you through this difficult time and fight for full compensation.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
It’s a legal claim for damages the deceased could have claimed, focusing on their suffering before death.
Only the personal representative of the deceased’s estate can file.
Compensation is personal injury damages like pain and suffering, medical expenses, and lost wages.
They go through probate to settle debts, then distribute according to the will or state law.
You have two years from the injury date to file in Texas.
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