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If you recently lost a close family member in a fatal accident caused by a third party’s misconduct, you may seek compensation through a wrongful death lawsuit for the losses you and your family face as a result of your loved one’s premature death. However, this type of claim does not cover losses the deceased or their estate experienced as a result of the accident itself.
Those losses can be incorporated into a similar but distinct legal proceeding known as a survival action, which—just like wrongful death actions—can be hard to pursue without a skilled attorney’s help. However, with the support of an experienced Channelview survival actions lawyer, you’ll be able to effectively pursue the claim your loved one would’ve been entitled to file had they survived their injuries.
A simple way to think of a survival action is that it allows a family member or estate to pursue a personal injury claim on the decedent’s behalf, even after their death. This means a typical claim of this nature can account for economic and non-economic forms of harm the decedent experienced between being injured and ultimately passing away, including:
It’s generally not possible to file a survival action if a fatal accident results in someone’s instantaneous death. As a Channelview attorney for survival actions can further explain, courts assume that someone who passes away under those circumstances does not have time to experience any non-economic pain and suffering, and financial expenses related to that death would be included in any wrongful death claim that the surviving family members pursue.
People who file wrongful death claims can receive compensation directly if their cases are successful, as the purpose is to repay them for their personal losses. However, the decedent’s estate typically handles recovery through a survival action first, since the case’s purpose is to recover losses the decedent personally experienced due to someone else’s misconduct.
As a result, survival action damages may be subject to probate and other estate administration costs, and the remaining funds will be distributed to the decedent’s beneficiaries based on instructions in their will or following the laws of intestate succession. A knowledgeable survival action attorney in Channelview can explain this process and what you can expect in a private consultation.
If your loved one suffered a fatal injury in a preventable accident but did not pass away immediately, they may have experienced substantial physical, financial, and psychological losses before their untimely death. You can seek civil restitution for those losses in their name through a survival action—but, as any experienced attorney will tell you, that can be challenging.
A capable Channelview survival actions lawyer can help you achieve the best possible outcome and protect your family’s future. Call us today to discuss your legal options.
Lone Star Injury Attorneys, PLLC
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