Houston Survival Actions Lawyer

Surviving family members struggle with devastating financial and emotional consequences when a loved one passes away unexpectedly. A survival action aims to hold the at-fault party lawsuit accountable for their actions and repay a deceased person’s family members for damages they would have recovered if the decedent had survived the fatal incident and filed their personal injury lawsuit. These cases encompass claims for medical expenses, lost wages, and pain and suffering.

Grievances pertaining to fatal incidents that happened to someone you love are emotionally challenging to navigate. Lawsuits can be intricate for remaining relatives without professional guidance from a knowledgeable wrongful death attorney. As Houston survival action lawyers, we care about our clients and vigorously fight for their healing and compensation.

What Defines These Lawsuits?

Survival actions are not the same as wrongful death cases. A survival action permits heirs or the estate executor to sue over an injury the deceased experienced while they were still alive, and the award goes to the deceased’s estate. In comparison, a wrongful death claim compensates the deceased’s surviving eligible relatives directly for the loss they suffered because of the death.

There are four essential aspects to a survival action:

1. The plaintiff is a representative of the deceased’s estate.
2. The decedent had a personal injury cause of action.
3. The deceased would have been eligible to bring a personal injury claim if they had survived.
4. The defendant’s wrongful act caused the victim’s injury.

The decedent’s personal injury claim does not have to be related to the cause of death. A survival claim can be related to the cause of death. An attorney in Houston can evaluate the facts to determine what and how many parties could be named in a survival action claim.

The Statute of Limitations

A critical factor for a lawsuit’s success is to obey the statute of limitations, the deadline to file suit. If a plaintiff misses the statute of limitations, they will most likely lose their chance to have their day in court and be compensated.

Family members have two years to file a survival claim from the time of the injury. The two-year clock does not start at the time of the loved one’s death but at the time they were injured, even if that was months before their death. A qualified Houston lawyer could ensure all legal deadlines are met when handling your survival action lawsuit.

What to Know About Compensation

The possible damages survivors can recover include:

• Medical expenses: Parties can recover the costs of medical care and treatment the decedent received because of their injuries before their death. This includes hospital costs, surgeries, medication, therapy, and other medical expenses.
• Lost wages and income: If the deceased could not work due to their injuries, the estate can seek compensation for the lost wages and income they would have earned during that time.
• Pain and suffering: The estate can recover damages for the pain and suffering the deceased experienced due to their injuries, including physical, emotional, and mental distress.
• Property damage: When personal property was damaged in the incident, the estate can seek compensation for the value of the damaged goods.
• Other losses: The estate may seek compensation for other economic losses the deceased incurred because of their harm, such as the cost of rehabilitative services or home modifications.

Working with an experienced Houston lawyer who specializes in survival actions can help ensure that you pursue all appropriate damages.

Take Action With a Survival Actions Attorney in Houston

The legal system can be complex and stressful to navigate while you are grieving a sudden loss. You may feel a loss of control and lack of trust in others after what happened to your loved one. An attorney’s duty is to keep you informed every step of the way.

A Houston survival actions lawyer can help you understand your rights and what kind of compensation you could win. It is always your decision regarding how your case will go, but our legal team is dedicated to advising you about the best path forward. Call us today to schedule a consultation.