Losing a loved one is devastating. Losing them because of someone else’s negligence adds another layer of grief. On top of the pain of your loss, you have to deal with bills and paperwork that all seem to be happening at once. But if someone else caused the death of your loved one, you may need to consider whether a survival action is the next step to take to protect yourself and hold the negligent party accountable.
A survival action continues the personal injury claim your loved one could have filed with a personal injury attorney if they had survived. It is different from a wrongful death claim, and the differences matter for who files and what damages are available. A Houston survival actions lawyer could explain your options and help you decide what to do next. Contact our wrongful death attorneys today.
Survival Action vs. Wrongful Death: What Is the Difference?
Texas Civil Practice & Remedies Code § 71.021 allows the deceased person’s existing personal injury claim to survive their death. The law gives the estate the right to pursue damages related to the harm the person suffered before their passing. Those damages could include:
- Lost earnings
- Property damage
- Punitive damages
- Pain and suffering
- Medical expenses
Because the claim belongs to the estate, any damages recovered are distributed through the probate process. The funds may be subject to creditors’ claims.
A wrongful death claim compensates certain surviving family members, such as spouses and parents, for their losses caused by the death. These losses could include companionship and financial support.
Families can pursue both a survival action and a wrongful death claim in some cases, depending on the timeline. After a personal injury, there may be hospital care, surgery, and days or weeks of recovery before the worst happens. Those medical costs and that period of pain and lost income can be addressed in a survival claim. After the loss, the family’s financial and emotional harm can be addressed in a wrongful death claim.
Filing both claims ensures that each type of harm is addressed according to Texas law, so nothing important is left out. It can help ensure that at-fault parties do not avoid their responsibility.
To learn more about the differences between wrongful death claims and survival actions, speak with our lawyers in Houston today.
Who Can Bring a Survival Action?
The survival claim is usually filed by the personal representative of the estate. This could be the executor named in a will or an administrator appointed by a probate court. If no one has been appointed yet, an heir can often start the process, so deadlines are not missed. In most situations, a survival claim follows the same statute of limitations that would have applied to your loved one’s injury case.
As our Houston lawyers can further explain, the evidence for a survival claim is similar to any personal injury case:
- Another party’s careless or wrongful conduct caused the injury
- The injury led to medical care, pain, and lost income before death
- Those losses can be proven with records and testimony
The claim focuses on what your loved one endured before they passed, not on the family’s grief or financial loss. Those can be addressed in a wrongful death case.
Contact a Houston Survival Actions Attorney Today
Survival actions exist to continue the injury claim that your loved one cannot pursue themselves. The facts and timing of the case matter, and the sooner you can speak to an experienced attorney, the better. They could help you determine which claims fit your case, how to coordinate those claims with the estate, and what steps you need to take to preserve evidence.
If a fatal accident took your loved one from you, call KGS Law PLLC today to speak to a Houston survival actions lawyer about your case.