Sadly, not all personal injury claimants live to see the completion of their claims. Severe injuries from an accident can ultimately prove fatal, resulting in the death of the plaintiff while the case is still pending. In this scenario, Texas law allows certain surviving family members to continue with the claim. This is known as a survival action.
What Is a Survival Action?
Texas Civil Practice and Remedies Code Chapter 71, known as the Survival Statute, provides legal recourse to the estate of a decedent, or deceased individual, after the person passes away in the middle of a personal injury claim. This law permits a representative of the decedent’s estate to continue the legal action.
Section 71.021 of state law says:
- A cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death of the injured person or because of the death of a person liable for the injury.
- A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person. The action survives against the liable person and the person’s legal representatives.
This type of claim is known as a survival action, and it is maintained by the decedent’s estate. It could result in compensation for the decedent’s pain and suffering prior to death, as well as pre-death medical bills and lost wages from the time of the accident until the time of death. This compensation will go directly to the estate if awarded, where it may then be distributed to beneficiaries.
What Is a Wrongful Death Claim?
A wrongful death claim is a distinct type of lawsuit compared to a survival action. Although both may be available to surviving family members after the death of an accident victim in Texas, a wrongful death claim aims to compensate surviving loved ones for their losses rather than pay the estate for the decedent’s losses.
A wrongful death claim could result in financial compensation for the following:
- Funeral and burial costs
- Loss of financial support
- Loss of inheritance
- Survivors’ pain and anguish
- Loss of the decedent’s companionship, love and care
- Loss of consortium
- Punitive or exemplary damages, in some cases
Texas law permits the deceased person’s surviving spouse, children and/or parents to file a wrongful death claim if an individual passes away due to the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person(Section 71.002). This type of suit can be brought regardless of whether or not the victim began a personal injury claim prior to his or her death.
How to Proceed if a Loved One Dies After Filing a Personal Injury Claim in Texas
If you have a close familial relationship with someone who passed away from his or her injuries after bringing a personal injury claim in Texas, you and your family may be able to continue the claim after his or her death. The decedent’s estate may be eligible for compensation through a survival action, while your family may be entitled to additional monetary relief with a wrongful death claim.
The best way to seek justice and accountability for your loved one’s death after an accident in Texas is by contacting a personal injury attorney to represent you and your family. The right lawyer can help you with a survival action and/or a wrongful death claim to allow your family to pursue maximum financial compensation.