A survival action is a type of lawsuit that is filed after a person’s unexpected and preventable death. When the carelessness of another party is to blame, a survival action could provide viable grounds for an injury case. Recovering damages may be possible with the help of a compassionate wrongful death attorney.
If your family member passed away due to another person’s negligence, the estate might have a viable case for compensation. These lawsuits can be challenging to pursue on your own, but the good news is that help is available. Reach out to a Houston survival actions lawyer as soon as possible.
Both of these lawsuits relate to the unexpected death of a close family member. Where they differ is in the nature of the damages sought. Wrongful death actions provide benefits to surviving relatives based on their financial and emotional losses caused by the passing of their loved one.
Survival lawsuits are different in that they target claims the deceased person could have made had they survived their injuries. It is helpful to think of these cases as extensions of a personal injury lawsuit a person could have filed on their own behalf had they lived.
Not everyone has the legal right to file a survival claim. To qualify, a person must be the legal representative of the deceased person’s estate, and the way an estate’s representative is chosen largely falls to the probate court. If the decedent has a last will and testament that names someone for this role, a judge will generally fulfill that appointment.
This approach is different from wrongful death actions. Unlike these lawsuits, a wrongful death case can be filed by the deceased person’s surviving spouse, children, or parents. If enough time passes, the representatives of the estate could also move forward with these actions.
It may be the representative of the estate who ultimately files these lawsuits, but any proceeds go to the heirs after all debts are paid. Often, this includes the same spouses, children, and parents entitled to recover through a wrongful death suit. A Houston attorney could help build a winning survival action case against the responsible party.
There are limits on the amount of time available to file these lawsuits. The statute of limitations that applies to all negligence cases is also in effect in survival actions. In general, a plaintiff has two years to file their lawsuit, which begins to expire on the date a person dies.
Some exceptions might alter this legal deadline. For example, additional time may be available in some circumstances. This includes situations immediately following a person’s death when an administrator has not yet been named by the court.
Managing legal deadlines is one of the most complex aspects of personal injury lawsuits. A Houston attorney could review all of the facts and make certain that the statute of limitations for survival actions has been met.
Facing the unexpected death of a family member can be one of the most difficult things you experience. If you are named as the representative of the estate, you may need help with any claims against the at-fault party. The right attorney could help you secure a measure of justice on your family’s behalf – including for damages your loved one might have been able to sue for if they had survived. Call a Houston survival actions lawyer right away to learn what your next steps should be.
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