No products in the cart.
Texas Wrongful Death Survival Cases
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.
PERSONAL INJURY
Executive Summary
- Survival actions are about getting compensation for the deceased's suffering, while wrongful death claims focus on the family's losses.
- The personal representative (often the executor named in a will) must file survival action claims promptly and manage the distribution of the funds.
Both types of claims can be filed simultaneously in Texas to ensure that everyone affected receives fair compensation.
What is a Survival Action in Texas?
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.
Who Can File a Survival Case in Texas?
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.
Types of Damages in Survival Actions
Survival actions cover various types of damages, including:
- Pain and suffering- Compensation for the physical and emotional distress endured before death.
- Medical expenses- Costs related to the injury and treatment received.
- Lost wages - the income the deceased would have earned if they had survived.
- Disability- damages for being disabled before death.
- Loss of enjoyment of life - compensation for not being able to do the things they wanted. And
- Other personal injury damages.
These are personal injury damages that aim to provide justice for the suffering experienced by the deceased.
Distribution of Survival Action Proceeds
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.
Impact of Probate on Distribution
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.
Role of the Personal Representative
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.
Difference Between Survival Actions and Wrongful Death Claims
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.
Statute of Limitations for Survival Actions
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.
Need an Attorney for Your Personal Injury?
Why You Need an Experienced Wrongful Death Survival Attorney for Your Case
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.
For a FREE Consultation Contact Us Today
"*" indicates required fields
Related Links
Our Experienced Houston Personal Injury Lawyer Can Help!
For a Free Consultation with a Preeminent Rated Injury Lawyer
Legal Services
Baumgartner Law Firm
Call a Top-Rated Wrongful Death Attorney in Houston for Help!
Talk with a top-rated personal injury lawyer by calling (281) 587-1111.
OR
Fill out an online consultation request for a FREE consultation.
Frequently Asked Questions
Frequently Asked Survival Action Questions
Our team at Baumgartner Law Firm often hears the same questions from people who have been in an accident and call our office for a consultation. In this section, we are going to address some of them:
What is a survival action?
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.
Who can file a survival action claim?
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.
What damages can be recovered?
Compensation includes personal injury damages, such as pain and suffering, medical expenses, and lost wages.
How are proceeds distributed?
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.
What is the statute of limitations?
You have two years from the date of the injury to file in Texas.
Related Resources
- What is the Difference Between a Wrongful Death Claim and a Survival Action?
- The Difference Between a Wrongful Death and a Survival Action in Texas?
- Understanding the Texas Survival Statute
- The Difference Between a Wrongful Death Case and a Survival Claim in Texas?
- Is Wrongful Death the Same as Negligence?
About Our Law Firm in Houston
Houston personal injury lawyer Greg Baumgartner heads the Baumgartner Law Firm.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.
Since 1985, Baumgartner Law Firm has limited our law practice to serious personal injury cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you.
Helping these areas around Houston
testimonials
Client Reviews
NEED HELP? HAVE QUESTIONS?
"*" indicates required fields