The unexpected death of a loved one is a devastating experience. Not only are you left to grieve this loss, but family members have to cope with the financial fallout of losing their loved one. Although legal action may be the last thing on your mind after the death of your family member, you may want to consider your legal rights and remedies by contacting a San Antonio survival actions lawyer.
When your loved one died due to someone else’s negligent or wrongful act, such as a car accident, slip and fall, accident at work, or medical complication, you could be eligible for compensation through a survival action. Fortunately, state law permits a family to obtain financial damages to help cover the cost of their loved one’s medical care, lost wages, pain and suffering, or other losses related to the death. While no amount of money can bring back your loved one, compensation can help soften the financial blow of an unexpected death in the family. Speak to a wrongful death attorney about your legal rights and remedies.
After someone dies from negligence or a wrongful act, their loved ones can file two types of lawsuits. Under a wrongful death action, surviving relatives can file a lawsuit. This includes spouses, children, and parents. The purpose of a wrongful death suit is to compensate relatives for losses due to the unexpected death. This could include medical bills, funeral and burial costs, and loss of their loved one’s love, companionship, or financial support. In wrongful death actions, the family members receive compensation directly.
Meanwhile, the goal of a survival action is to compensate the estate of the person who passed. The damages are similar to wrongful death suits, covering medical care up to death, lost wages, pain and suffering, or other related losses. The main difference is that the damages in a survival action go directly to the estate as opposed to the surviving family members. An attorney in San Antonio can help a family file a wrongful death lawsuit and a survival action.
The state permits surviving members to sue when they lose a family member in an accident. The laws surrounding wrongful death and survival lawsuits have their nuances, so retaining an attorney in San Antonio to represent you is crucial.
Texas Civil Practice and Remedies Code § 71.004 permits heirs, estate representatives, or legal counsel to file a survival action on a person’s behalf as if they were still alive. The injury suit survives the deceased passing. In a survival action, family members can seek reimbursement for funeral and burial expenses, medical care prior to death, property damage, lost income, or earning potential. Family members should consult a skilled lawyer to learn more about filing an action on behalf of their deceased loved one.
Your family can pursue compensation through a wrongful death, survival action, or both. A trusted attorney can advise you of your available avenues for compensation based on the unique circumstances of your case. We understand how devastating the unexpected loss of a loved one can be. Our San Antonio survival actions lawyers are here to pursue compensation on your behalf so you can focus on grieving. Do not hesitate to contact our office when you are considering legal action after a loved one’s death.