In Texas, wrongful death claims and survival actions are two distinct legal avenues that allow for the recovery of damages following the death of an individual due to another’s negligence or wrongful act. Both are grounded in Texas law but serve different purposes and benefit different parties.
If you lost a loved one to another party’s actions, you have financial recovery options. Understanding the nuances of Texas law can help you make informed decisions and recover the compensation your family deserves. Hire a Waxahachie wrongful death lawyer to manage your legal matters, you gain an advocate who files your case appropriately and on time.
Wrongful Death Cases Offer Compensation for Surviving Beneficiaries
Texas Civil Practice and Remedies Code, Chapter 71 (Sections 71.001 to 71.003, specifically) outlines wrongful death claims.
A wrongful death claim seeks compensation for the survivors of the deceased. These parties include the decedent’s immediate family members, including their spouse, children, and parents. Any of these parties can file a wrongful death claim, but if they don’t within six months, a personal representative of the decedent can file, unless specifically requested not to by the aforementioned family members.
Compensation, whether through a wrongful death claim or lawsuit, can offer compensation for:
- Loss of the deceased’s earning capacity and regular income
- Loss of companionship and love
- Mental anguish suffered by the survivors
- Loss of inheritance
This is not an exhaustive list, as every scenario comes with its own set of recoverable losses.
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Survival Actions Account for Expenses from the Accident to Death
The right to a survival action is also found in Texas Civil Practice and Remedies Code, Chapter 71 (Sections 71.021).
A survival action is filed on behalf of the deceased person’s estate for the pain and suffering the deceased experienced from the time of injury until the time of death, as well as any medical expenses incurred and property damage.
This includes compensation for the pain and suffering experienced by the deceased before their death and medical expenses related to their injury or illness. A survival action is brought by the executor or administrator of the deceased’s estate. If there is no will, then a representative may be appointed by the court.
The Main Differences Between Wrongful Death and Survival Claims
As noted, it’s vital that you understand your financial recovery options if you hope to recover fair compensation for your loved one’s passing. So, here are some key differences between both wrongful death and survival action cases:
- There are different beneficiaries: Wrongful death claims are for the benefit of the deceased’s family members, while survival actions are brought for the benefit of the decedent’s estate.
- Both cases offer different recoverable damages: Wrongful death claims focus on the losses suffered by the relatives of the deceased (like emotional pain and lost support), whereas survival actions seek compensation for the pain, suffering, and expenses the deceased incurred before death.
- Different parties can file the case: Wrongful death claims can be initiated by the family members or dependents of the deceased, whereas survival actions are initiated by the estate’s representative.
Both wrongful death claims and survival actions serve to address different aspects of loss and accountability following a wrongful death.
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You Have a Limited Time to File a Lawsuit After a Loved One’s Passing
Texas imposes a statute of limitations on wrongful death lawsuits. Generally, you have two years from the date of your loved one’s passing to sue, per Texas Civil Practice and Remedies Code § 16.003. This deadline begins from the date of your loved one’s passing.
Certain exceptions may apply, but you shouldn’t assume anything about your legal obligations or case’s deadlines. The state does not allow for misinterpretation of state law, and if you file your case too late, you could lose the right to seek compensation.
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What Incidents Allow for Wrongful Death and Survival Claims?
As noted, the state allows you to seek compensation if another party’s actions or omissions caused your loved one’s passing. Incidents involving wrongful death can include:
- Car accidents
- Truck accidents
- Motorcycle collisions
- Premises liability incidents, such as slips and falls
- Dog bites
- Pedestrian and bicycle accidents
- Workplace accidents, such as gas explosions on construction sites
This is by no means an exhaustive list.
You Benefit From Partnering with Our Wrongful Death Attorneys
Clay Jenkins & Associates stands ready to handle your case and the many obligations that go into securing fair financial recovery. In your pursuit of fair compensation, our wrongful death lawyers begin reviewing all the evidence related to your loved one’s passing, including the police report, photos of the accident scene, and statements from witnesses. Then, we use that information to compel damages from the liable party.
Our goal is to navigate the legal process on your behalf, addressing any challenges and negotiating with insurance companies to ensure the responsible parties are held accountable. As we proceed, we keep you informed, providing compassionate support while we fight for justice.
Our Attorneys Handle Wrongful Death and Survival Actions on Contingency
After losing a loved one, the last thing you should stress about is affording an attorney to handle your claim. So, since our firm’s founding, we have operated on a contingency-fee basis, meaning you don’t pay us unless we secure an out-of-court settlement or win your case in court. Our attorney’s fees come from your settlement, never your savings. We also offer free consultations where you can discuss the details of this arrangement at no cost.
Connect with the Team at Clay Jenkins & Associates for a Free Consultation
Because the state limits the filing period of wrongful death and survival action cases, you benefit from exploring your legal options immediately. Since 1948, Clay Jenkins & Associates has resolved countless cases, offering compassionate representation to wrongful death claimants. Call now to begin your free, no-obligation consultation. We’re available 24 hours a day, seven days a week, to set your case in motion.
Call or text (972) 938-1234 or complete a Free Case Evaluation form