Did you lose a loved one due to someone else’s negligence or a wrongful act? If so, know that in certain circumstances, you could potentially seek justice on their behalf.
People can generally seek justice and compensation through a personal injury lawsuit if someone else causes them harm. But what happens if someone close to you dies from their injuries before they can take legal action? Your loved one still deserves justice, and the party who hurt them should still be held accountable for their actions. The answer is a survival action, which allows an injury victim’s estate to pursue a lawsuit after they have died.
If you’re interested in filing a survival action on your loved one’s behalf, The Wilhite Law Firm is ready to help. Our attorneys have handled hundreds of cases over the past 15 years, and have secured millions of dollars on our clients’ behalf. Contact us today to discuss your options with an experienced Texas survival actions attorney at no cost to you.
What is a Survival Action?
A survival action is a type of personal injury lawsuit filed to recover compensation for the injuries someone suffered before they died. Essentially, it is a way for the deceased’s estate to bring or continue a lawsuit because the deceased cannot do so themselves. Any compensation that is recovered goes to the deceased’s heirs, legal representatives, and estate of the injured person. This compensation can then be distributed to the deceased’s heirs as established in their will or Texas’s intestate laws.
For example, suppose someone is badly injured in a car accident caused by a drunk driver and subsequently succumbs to their injuries a week later. After that person has died, the personal representative of their estate can file a survival action to seek compensation for the injuries and related losses the deceased suffered between the time of the accident and their death.
What is the Difference Between a Survival Action and a Wrongful Death Claim?
Both survival actions and wrongful death claims are filed after someone has died as the result of another party’s negligence, but there are key differences between these two kinds of legal actions. A survival action is brought by the deceased’s estate to recover compensation for the injuries and losses the deceased suffered before they died. By contrast, a wrongful death claim can only be brought for the benefit of the deceased’s surviving spouse, children, and parents. Texas law specifically excludes siblings, aunts and uncles, grandparents, other relatives and unmarried partners from filing these claims.
While there are differences between survival actions and wrongful death claims, it is important to remember that these two kinds of lawsuits are not mutually exclusive. If someone in your family died due to the negligent actions of another party, you might be entitled to file a wrongful death claim against the negligent party at the same time as your deceased loved one’s estate files a survival action against them.
What Types of Damages May Be Recovered by a Texas Survival Action?
Survival actions in Texas are a “cause of action for personal injury to the health, reputation, or person of an injured person.”[1] Just because the individual dies, the party liable for the injuries does not get to evade liability for their negligence. Some examples of the types of damages available to the deceased’s estate in a survival claim are:
- The deceased’s medical bills from the time they were injured until their death
- Any lost wages or other income from missed work while the deceased was injured
- Any burial and funeral expenses
- The value of the deceased’s personal property that was damaged in the accident that led to their death
- Any pain and suffering
- Disfigurement
All told, this could be a significant amount for the deceased’s estate. Funeral and burial costs have soared in recent years, and the deceased’s medical bills will need to be paid even after they have died. A survival action can compensate the deceased’s estate for these losses and prevent their heirs from having to struggle with bills caused by someone else’s negligent actions.
What Types of Damages May NOT Be Recovered in a Survival Action?
A survival action can only compensate a decedent’s estate for the economic losses the decedent suffered prior to their death. While the money from a survival action can be substantial, most future damages caused by the death have to be pursued through a wrongful death claim. Examples of future damages not included in survival actions are:
- Loss of the deceased’s future income
- Loss of the individual’s love, companionship, guidance
- Loss of inheritance
What Evidence Can Be Submitted to Prove Damages in a Survival Action?
To collect any compensation from a survival action in Texas, the deceased’s estate must provide evidence of the losses the deceased suffered after they were injured but prior to their death. This evidence could include things like:
- Medical records – The deceased’s medical records can show what it cost to treat their injuries prior to their death and the potentially painful nature of those injuries
- Proof of damaged property – Repair bills and other proof of the deceased’s damaged personal property can be submitted for consideration.
- Pay stubs and testimony from the deceased’s employer – The deceased’s former employer can provide information on how much money the deceased lost between the time of the accident and their eventual death.
- Eyewitness testimony about the amount of pain the individual suffered between the time of the accident and death.
Who is Allowed to Bring a Survival Action?
Texas law states that only the personal representative of the deceased’s estate can file a survival action. The deceased’s personal representative is usually appointed in their will. If the deceased did not have a will or did not appoint a personal representative, the courts will appoint a personal representative to oversee the deceased’s estate.
Contact a Wrongful Death Lawyer in Texas as Soon as Possible
In Texas, both wrongful death claims and survival actions are subject to a two-year statute of limitations, so you have a limited time to act if you wish to recover any compensation after your loved one has died as the result of someone else’s negligence. Time is of the essence, so contact the Texas survival action lawyers at The Wilhite Law Firm today for a free consultation.
[1] Texas Civil Practice and Remedies Code Sec. 71.021(a).
