Sometimes, when people unexpectedly lose a family member, they are barred from bringing a wrongful death lawsuit because they were not married to their significant other, not a biological child or a parent of the deceased. It is disheartening to feel you are unable to recover compensation for the harm committed against your loved one by a careless individual or company.
The state does provide an alternative method you can use to seek compensation, referred to as a survival action. When you are prevented from filing a wrongful death lawsuit on behalf of your beloved, a knowledgeable Leander survival actions lawyer can aid you in the filing of this lawsuit.
A survival action is often confused with a wrongful death lawsuit. These two different legal tools are similar to some extent, but overall, they are not one and the same.
They both fall under injury law and are filed in civil court. Individuals who share an affinity with the deceased can file both types of claims. A person can bring either action only when the person would have been able to bring the lawsuit if they were alive.
They are different in that a survival action is for harm caused following the person’s injury right up until the point they passed. Damages under this action can be for physical harm, harm to a person’s character, and other associated medical issues per Texas Civil Practice and Remedies Code § 71.021. In contrast, a wrongful death action is for damages typically from the point of the person’s passing, such as future wages and loss of companionship.
Wrongful death cases can be filed only by a widow, offspring, or parent. In certain circumstances, a probate court may grant a member from the person’s estate permission to file a wrongful death lawsuit. In comparison, only the person’s estate or legal representative can file a survival claim.
A survival action lawyer in Leander can explain the ins and outs of both legal concepts in more detail, prepare the correct forms, and file the appropriate action demanding just and equitable monetary compensation.
When a loved one is hurt, there is a whirlwind of emotions. This can come with immediate and continuous financial worries. From potential burial costs to mounting bills, it can be challenging to find time to do anything else. This may result in a lapse of the required time for a person’s estate to file a survival action.
The state allows an individual’s estate to file a case from the moment the person is harmed. They have a total of two years to file. This means when the relative remains alive for one year and six months following the accident, the estate will likely only have six months to bring a case for damages.
A detail-oriented Leander attorney can quickly file a survival action to help the estate receive funds.
The elements for a survival action are:
An estate and its attorney must prove these elements with clear and convincing evidence. This requires substantial evidence and a persuasive argument. A seasoned lawyer in Leander can make a difference in presenting evidence for a survival action.
We are here to help you file a clear and convincing survival action in honor of your injured relative. Securing compensation for their estate can take a significant financial burden off your family. Contact a Leander survival action lawyer at our firm to learn more about this type of claim and how to file it.