When someone dies after injuries caused by another party, the legal claim they could have pursued in life may not disappear. Texas law allows certain personal injury claims to continue through the deceased person’s estate. A Baytown survival actions lawyer could determine whether the estate has a viable claim and identify the losses it may recover.
At Schechter, Shaffer & Harris, our wrongful death attorneys understand that legal questions add to the strain your family already faces. We could investigate the underlying incident and pursue accountability from the person or company responsible for your loved one’s fatal injuries.
How Does a Survival Action Work?
A survival action is based on the harm the deceased person experienced between the injury and death. It does not create a new claim for relatives; instead, it preserves the personal injury claim the deceased person could have filed.
Under Texas Civil Practice and Remedies Code § 71.021, a personal injury cause of action does not end simply because the injured person dies. The claim survives in favor of the person’s heirs and estate and may continue against the responsible party. An attorney from our firm could confirm who holds the right to file a survival action in Baytown.
The estate’s personal representative—an executor or a court-appointed administrator—generally brings the claim. Because the right to recover belongs to the estate, the law treats compensation as an estate asset under the applicable probate rules.
Recoverable Losses Belonging to the Estate
A survival claim’s value depends on the losses the deceased person sustained before death, tied by evidence to the defendant’s wrongful conduct. Our Baytown lawyers could use medical records and expert testimony to build that analysis for your survival action. Recoverable damages may include:
- Medical expenses incurred before death
- Lost income between the injury and death
- Physical pain experienced by the deceased
- Mental anguish or emotional distress before death
- Funeral and burial expenses paid by the estate
- Property damage associated with the incident
The time between injury and death can affect the available evidence, but a brief survival period does not automatically prevent a claim. Testimony about the deceased person’s condition could help show whether they remained conscious or in pain before passing. If the responsible party acted with malice or gross negligence, the estate may also seek exemplary damages, which require proof beyond ordinary negligence.
Distinguishing Survival Action and Wrongful Death Claims
Survival action and wrongful death actions can arise from the same fatal incident, but they compensate different losses. A survival action belongs to the estate and addresses the injuries the deceased person personally sustained, while a wrongful death claim belongs to designated family members and addresses their own losses from the death.
State law generally allows a wrongful death claim for the deceased person’s surviving spouse and children, and in some cases their parents, who may seek compensation for lost support and companionship. Our Baytown survival actions attorneys could separate the estate’s damages from the losses claimed by individual relatives.
A family may pursue both claims in one lawsuit, which requires careful separation of estate and individual damages. Our team could review the family relationships and estate documents to determine which claims apply and who may pursue them.
Timing also matters. Texas Civil Practice and Remedies Code § 16.003 generally sets a two-year limitations period for personal injury and death-related lawsuits, though the exact deadline can vary depending on the circumstances of the incident. Waiting to pursue legal action could also lead to the loss of important records and witnesses.
Speak With a Baytown Attorney for Help With Your Survival Action Claim
A fatal injury may leave your family managing medical bills and estate duties while questions go unanswered. You do not have to handle the legal process alone. Our team could assess the underlying personal injury claim and pursue the compensation the evidence supports.
Speak with a Baytown survival actions lawyer at Schechter, Shaffer & Harris to discuss the legal options available to the estate. We could handle the investigation and the claims process while your family finds a way to move forward.
