When someone else’s negligence causes a wrongful death, it is a devastating blow to the surviving family. In addition to the grief and immeasurable loss, there are also logistical and administrative challenges that can be overwhelming, time-consuming, and complicated.
A Spring survival actions lawyer can help you sort through the aftermath of a death caused by negligence and work to get compensation for the estate, ensuring fair compensation.
What is Survival Action?
Many people are familiar with the concept of wrongful death. This is a lawsuit filed on behalf of the surviving family members when a death has resulted due to someone else’s negligence. These surviving members sue for what they have lost due to the death. These damages may include loss of financial support from a spouse and pain and emotional anguish from loss of a family member.
A survival action is similar, but it covers the losses that the person who died could have filed on their own behalf if they had survived. This can include medical bills that resulted from the incident prior to death, lost wages from the time of injury to the time of death, and any physical or emotional pain they went through prior to death.
Often, a survival action suit in Spring, TX will be filed alongside a wrongful death suit, and the compensation for the survival action will go to the deceased person’s estate to be distributed to heirs based on the estate plan.
What Does a Survival Action Lawyer Do?
A skilled survival action lawyer in Spring will assess the case in detail and determine what kind of suit is most appropriate. Often, the same attorney will handle both a wrongful death suit on behalf of the family members and a survival action suit on behalf of the deceased person’s estate. Much of the work for representing the clients in these cases will overlap.
They will investigate the death and gather evidence to demonstrate the responsibility of the negligent party. This investigation will often include interviews with witnesses, expert testimony, and careful review of medical records and accident reports. Using this evidence, the lawyer will negotiate on behalf of the estate to get settlement offers for the deceased person’s suffering and losses. The lawyer can explain these settlement offerings in context by considering the extent of the damages and advise on acceptance or rejection.
If a settlement agreement cannot be reached, the case may go to trial. In that case, they can present evidence to the jury and put together a convincing case for a judgment in favor of the deceased person’s estate.
Once a settlement or judgment has been reached, a survival action lawyer will help ensure that the compensation is accurately distributed to the estate. This may include coordinating with the probate process to pay any debts and distribute funds in accordance with Texas laws (Texas Estate Codes).
Legal counsel may be hired directly by the family members of a deceased individual or by the executor or administrator of the estate.
Contact a Survival Actions Attorney in Spring, TX for Assistance
If you are looking for a Spring survival actions lawyer to represent your deceased family member or the estate you are executing, reach out to our personal injury team today. We are here to help with the stress and fight for the compensation the client deserves.
