Waco Survival Actions Lawyer
A survival action seeks to repay a deceased person’s family members for damages that the deceased would have recovered if they had survived the incident and been able to file their own injury lawsuit.
When you believe your deceased loved one would have been able to seek compensation through a legal claim if they had survived, you may be eligible to file a potential survival action lawsuit. Surviving family members are often left behind to struggle with devastating financial and emotional consequences. Legal actions that result from a family member’s death can be overwhelming for their surviving relatives without professional guidance and assistance from a seasoned attorney. Lawsuits regarding fatal incidents that happened to someone you love can be emotionally challenging and difficult to navigate. It is best to consult with a knowledgeable Waco survival actions lawyer for assistance.
What is the Difference Between a Wrongful Death and Survival Action?
A survival action is not a wrongful death lawsuit. Both survival actions and wrongful death claims are governed by state law but have key differences separating them into different statutes: the Texas Survival Statute and the Texas Wrongful Death Act.
A survival action permits heirs or the estate executor to sue over an injury the deceased experienced while they were still alive. In comparison, a wrongful death claim compensates the deceased’s surviving relatives for the losses they suffered as a result of their death. One’s award goes to the deceased’s estate, while the other directly goes to the surviving eligible relatives. Talking with an experienced lawyer in Waco can help you determine if a survival action or wrongful death claim is the best decision for your family.
Elements of a Survival Action
There are four essential aspects to a survival action:
- The plaintiff is a representative of the deceased’s estate
- The decedent had a personal injury cause of action
- The deceased would have been eligible to bring a personal injury claim if they had survived
- The defendant’s wrongful act caused the victim’s injury
The decedent’s injury claim does not have to be related to what caused them to die. For example, a person had a negligent security claim against a bar for failing to hire security staff, leading to a frequently drunk and violent patron attacking and injuring him. Months later, they die in an accident with a negligent truck driver who was texting while driving. His family can bring his personal injury claim against the bar on his behalf.
A survival claim can also be related to the person’s cause of death. When the person suffered and incurred medical bills as a result of the vehicle accident before they passed, the family can bring a survival claim against the negligent driver. A Waco attorney can evaluate the facts to determine how many parties a family could sue in a survival action.
The Impact of the Statute of Limitations On A Survival Action
Different states have different timelines during which a person can file a lawsuit. When a person misses the deadline imposed by a statute of limitations, they lose their chance to secure compensation.
Family members have two years to file a survival claim from the time of the injury. The two-year clock does not start at the time of the loved one’s death but at the time they were injured, even if that was months before their death. That may seem like a long amount of time, but time can pass quickly. A Waco lawyer could ensure a survival action lawsuit meets all legal deadlines.
Take Action on Behalf of a Loved One With a Waco Survival Actions Lawyer
The legal system can be complex, with hidden intricacies that are stressful to navigate while you are grieving a sudden loss. A lawyer can help you understand your rights and what kind of compensation you could potentially secure. You may feel a loss of control and lack of trust in others after what happened to your loved one. An attorney’s duty is to keep you informed every step of the way. It is always your decision when it comes to how your case will go, but our legal team is dedicated to advising you about the best path forward. If you are ready to speak with a Waco survival actions lawyer, call for a consultation today.
