Seguin Survival Actions Lawyer
No matter what the circumstances, losing a loved one is never easy. However, it can be particularly difficult to grieve when someone’s life is cut short by another person’s careless actions. If you lost a family member due to negligence, a Seguin survival actions lawyer can help you pursue justice on their behalf.
When someone is injured in a car accident or other type of accident, they can pursue damages through a personal injury claim. When they are no longer around to bring that claim, their estate or personal representative can recover compensation on their behalf. To discuss filing a survival action or wrongful death claim in Texas, contact our office.
State Survival Action Laws
A survival action is a lawsuit brought by a person’s estate representative for losses suffered related to their death. The Texas Survival Statute, codified in Texas Civil Practices & Remedies Code § 71.021, allows the estate of a deceased person to pursue a personal injury lawsuit for damages caused by an injury that led to their death. The statute allows the action to continue after the injured person’s death and can be brought by the estate, heirs, or a legal representative. The lawsuit can be brought as if the injured person were still alive.
Although wrongful death lawsuits are similar in that they are filed due to someone’s negligent conduct that causes a person’s death, damages in a survival action are for the person who passed. By contrast, in a wrongful death case, the compensation is for the loved ones filing the case. After a death, both types of cases can be filed concurrently. However, it is important to remember that damages for a survival action will be awarded to the decedent’s estate, not their loved ones. In some cases, surviving family members can sue for both wrongful death and survival if their loved one didn’t die immediately. A Seguin survival actions attorney can help with understanding legal options, gathering evidence, and making decisions about next steps.
Recoverable Damages in a Survival Claim
The purpose of a survival action is to compensate a deceased person’s estate for losses related to their injury. Damages can be substantial if the person was hospitalized for a long period of time or needed expensive medical treatment such as surgery. Compensation in a survival action could include:
- The cost of medical care leading up to their death
- Pain and suffering
- Lost income
- Funeral and burial costs
- Damage to personal property related to the incident
The representative of the deceased’s estate—such as a family member, close friend, lawyer, or financial manager—is usually responsible for filing the lawsuit. Survival actions have a two-year statute of limitations in Texas, but it can be tolled depending on the facts of the case. To learn more about the types of compensation available in a survival action, speak with a Seguin lawyer.
Call a Seguin Survival Actions Attorney Now
A Seguin survival actions lawyer can help you determine if you are able to file a survival action on behalf of your loved one who has passed. As the estate’s representative, you can obtain damages based on what the deceased person would have received if they had lived, and the compensation is then transferred into the deceased family member’s estate.
If you are considering filing a survival action on behalf of a loved one who passed or if you are the personal representative of an estate and need guidance on the process, do not delay. Texas has a strict two-year statute of limitation for survival actions. Failure to file suit within this timeframe could mean you lose your right to compensation. Our attorneys can assist with preparing the necessary paperwork and ensuring you comply with any legal or procedural hurdles. Contact us today.
