When people think of actions that they can bring to recover for the death of a loved one, they usually think of wrongful death actions. However, these are not the only options left for survivors. The Texas Survival Statute, Texas Civil Practice & Remedies Code § 71.021 permits a decedent’s estate to pursue damages for wrongs the deceased suffered before their death.
If you are struggling in the aftermath of a loved one’s death, you are not alone. A Katy survival actions lawyer could help you explore whether a survival action or a wrongful death suit is the right avenue of recovery for you. In many cases, a seasoned wrongful death attorney could help survivors pursue both claims. Call KGS Law Group today for more information.
Understanding Wrongful Death Claims
Wrongful death claims seek recognition for the loss survivors experience as the result of someone’s death. Survivors pay for funeral expenses, miss out on anticipated income, and may need to hire someone to replace the everyday labor the deceased provided for the family.
Wrongful death claims do not focus exclusively on financial damages. They also recognize that death causes substantial emotional pain for survivors. In the non-economic damages portion of a wrongful death lawsuit, the factfinder attempts to assign a dollar value to the death of a loved one. A Katy survival actions attorney may encourage clients to bring a wrongful death claim in addition to a survival action. To learn more about this process, contact KGS Law Group today.
Understanding Survival Actions
A survival action is, at its heart, a personal injury lawsuit. However, the person with the cause of action, the decedent, is no longer around to bring their claim. These actions focus on the decedent’s losses.
While the survivors may be responsible for those losses in some way, since the decedent’s estate will need to pay the claims, they are not the loved one’s losses. Some examples of financial claims that could be part of a survival action are medical bills, property damage, and lost income.
Survival actions are also the proper way to acknowledge the decedent’s non-economic damages. In many instances, a person who dies as the result of another’s negligence experiences substantial physical and emotional pain between the time of the injury and the death.
A Katy lawyer who handles survival actions must think outside of the box when making a claim for emotional damages. The decedent is no longer around to testify about their pain or the mental impact it had on their life. Instead, the court considers evidence about the injury and the facts of the case to determine an appropriate damage award.
Talk to a Katy Survival Actions Lawyer
One of the most crucial distinctions between wrongful death and survival actions is who can bring them. Texas allows family members to take survival actions and gives them an order of preference. In contrast, the loved ones do not directly bring a survival action for the deceased.
Instead, the decedent’s estate representative brings the suit. Often, the representative is one of the decedent’s family members, but that is not always the case. A Katy survival actions lawyer could advise people whether they have standing to bring a survival action. Get in touch with KGS Law Group today to schedule an appointment.