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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 in Houston, 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 that everyone affected receives fair compensation.
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.
Only the personal representative of the deceased’s estate can file a survival action. This person is typically named in the will, but the court can appoint someone to fill this role if no individual is named. In some instances, a family member files as the representative of the estate without court approval when filing a wrongful death lawsuit. The representative should hire legal counsel to gather evidence and file the claim promptly to ensure the estate receives the compensation it is entitled to.
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 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.
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 that all legal requirements are met, debts are paid, and proceeds are distributed correctly in accordance with 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 will be with you throughout this challenging time and fight for the full compensation you deserve.
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, if they lived, focusing on their personal injury damages and suffering before death.
Only the personal representative of the deceased’s estate is authorized to file. Often a heir will file a claim together with a wrongful death lawsuit.
Compensation includes personal injury damages, such as pain and suffering, medical expenses, and lost wages.
They can go through probate to settle debts, then distribute according to the will or state law. Or the proceeds distributed accounding to the law in Texas.
You have two years from the date of the injury to file in Texas.
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