New Braunfels Survival Actions Lawyer

Losing a beloved family member is difficult under any circumstances, but it can be especially challenging to grieve when an act of negligence causes their death. One of the frustrating aspects of these situations is the losses the decedent suffered before their passing.

If you have experienced this type of loss, a dedicated injury attorney can help. You can file a survival action based on any monetary damages your loved one would have been entitled to had they survived. Let a New Braunfels survival actions lawyer advise you of your options.

Differences Between Wrongful Death and Survival Actions

Important differences exist between survival actions and wrongful death lawsuits under Texas law. They share some similarities, including the link to a person’s untimely passing. Both claims are civil suits as opposed to criminal prosecutions that can lead to time in prison.

The differences begin with the type of damages available with each suit. Compensation for a successful survival action is limited to the damages available until a person passes away. This includes things like their pain and suffering at the end of their life or any damage that might occur to their character.

Alternatively, wrongful death cases provide compensation for the losses that stretch past a person’s death. A family has the opportunity to recoup future lost wages or make up for the loss of companionship they will experience after an untimely death.

Another important issue is the right to file these lawsuits. A surviving spouse, child, or parent generally has the power to file a wrongful death claim. That is not the case with survival actions. Instead of surviving relatives, this right is exclusively held by the legal representatives of the decedent’s estate. The estate holds those claims, and the decedent could have sought compensation for them directly had they survived.

Understanding these differences is helpful for anyone considering a lawsuit after the unexpected death of a family member. A survival actions attorney in New Braunfels can answer questions and provide careful guidance on how to maximize recovery in these cases.

The Deadline to File Suit

Like with other types of lawsuits, there is a legal deadline that applies to a survival action known as the statute of limitations. This statute exists to prevent lengthy delays between an unexpected death and the resulting lawsuit.

A lawsuit must be filed within two years from the date of death. This might not be the same anniversary as the fatal accident, given that some people survive for a time.

Steep consequences apply when this deadline is ignored. A judge typically must dismiss a lawsuit with prejudice when a person files it after the statute of limitations expires. That means any opportunity to recover these damages is lost forever. A New Braunfels lawyer can manage these survival action deadlines and ensure compliance.

Talk to a New Braunfels Survival Actions Attorney Today

When it comes to survival actions, there is no time for delay. Seeking legal help as soon as possible provides you with enough time to review your rights and comply with the statute of limitations. Call a New Braunfels survival actions lawyer as soon as possible to schedule a private consultation.