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The death of a loved one often brings numerous emotional and financial challenges. While some deaths are unavoidable, others could have been prevented if not for the negligent or malicious actions of another person. In these cases, you may qualify for a legal survival action to help you hold the offending party responsible for their actions and provide your family with the compensation they need in the wake of a loss.
It can be hard to think about filing a lawsuit when you are grieving, but a local wrongful death attorney can be an invaluable asset. A Texas City survival actions lawyer can handle the details of your case so that you can focus on your family. Reach out now to seek the justice and financial support you deserve.
Survival actions are generally governed by state-specific laws. In Texas, per Civil Practice and Remedies Code § 71.021, a survival action is a lawsuit a person can file on behalf of their deceased loved one for compensation that the decedent would have been entitled to if they had survived their injuries. If the deceased had filed a personal injury lawsuit or would have qualified to file a personal injury lawsuit but passed away from their injuries before the suit was completed, qualified family members or representatives can continue it.
Survival actions exist to hold wrongful parties liable for injuries they have caused. The defendant should not be relieved from a lawsuit simply because the person they hurt succumbed to their injuries. This is where a survival action differs from a wrongful death action. A survival action covers costs associated with the decedent’s injury as if the decedent were still alive, while a wrongful death suit applies to the death itself.
In general, Civ. Prac. & Rem. Code § 71.021(b) allows a decedent’s heirs, estate, or legal representatives to continue the personal injury action. Grounds for a personal injury case in Texas include injuries that were caused by the defendant’s purposeful acts committed with the intent to cause injury or acts of negligence. An act is negligent if the defendant was expected to act with a reasonable level of care, failed to meet that standard of care, and injured someone as a result of that carelessness.
Survival actions can also apply if a defendant in a personal injury lawsuit dies before the case ends. Because the death of a key party in a Texas City civil lawsuit can complicate the case, survival action lawyers can help plaintiffs continue on their loved one’s behalf.
Because survival actions often apply to personal injury cases, damages under Civ. Prac. & Rem. Code § 41.001 generally apply.
Plaintiffs may be able to collect for costs associated with:
Texas does not have a general cap on economic and noneconomic damages. Exemplary damages, however, are capped by Civ. Prac. & Rem. Code § 41.008. Exemplary damages cannot exceed $750,000 or double the amount of the economic damages that were awarded, whichever is higher.
Costs that qualify for recovery in a survival action case are not always obvious. A Texas City attorney with experience in survival actions can help plaintiffs seek compensation for all eligible claims.
We understand that monetary compensation cannot undo the pain and harm caused by your loved one’s wrongful death. However, it can help provide necessary financial support in the aftermath of your loss. Survival actions also help hold people responsible for the negligent or intentional acts they commit and can help deter similar actions.
A Texas City survival actions lawyer can help you build your case and improve the chances of success for your lawsuit. Contact us now to get connected to the resources you need.
Lone Star Injury Attorneys, PLLC
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