When tragedy hits, you need an advocate to protect your rights and those of your families. Sadly, each year countless Americans lose family members due to the negligent or wrongful acts of others. Negligent construction practices, falls, motor vehicle accidents, unsafe working conditions, and product defects are just a few of the unsafe practices that can lead to death or debilitating injury. Our injury attorneys are here to help and provide guidance and representation to assist you in recovering what you are lawfully entitled to in the event of a serious injury or the loss of a family member.
Texas law permits certain family, including spouses, children, and parents, to initiate a wrongful death lawsuit against a party negligently responsible for the death of a family member. Similarly, you may be able to initiate a Survival Claim on behalf of the estate of a deceased family member. While generally combined into a single lawsuit, wrongful death claims and survival claims are separate causes of action with important distinctions:
Wrongful Death Cause of Action | Survival Cause of Action | |
|---|---|---|
Definition | A legal claim brought by surviving family members of a deceased person for damages resulting from the death caused by another’s wrongful act or negligence. | A legal claim that allows the estate of a deceased person to recover damages for harm that the person suffered before death caused by another’s wrongful act or negligence. |
Purpose | To compensate the family members of the deceased for the loss of their loved one and the economic and emotional harm they have suffered. | To compensate the estate for the losses that the deceased person would have been able to recover if they had not died. |
Parties | Brought by the surviving family members of the deceased person, such as spouse, children, or parents. | Usually brought by the executor or administrator of the deceased person’s estate on behalf of the estate. |
Damages | Includes damages for loss of companionship, loss of earning capacity, mental anguish, and other losses suffered by the family members as a result of the death. | Includes damages for pain and suffering, medical expenses, lost wages, and other losses suffered by the deceased person prior to death. |
Statute of Limitations | Generally two years from the date of the deceased person’s death. Though the specific limitations period may vary depending on the specific facts of your case. | Generally two years from the date of the deceased person’s injury that led to their death. Though the specific limitations period may vary depending on the specific facts of your case. |
It is important that you consult with an attorney following a serious accident. Our attorneys are not only highly capable with a track record of success, we also understand the importance of compassion and listening to our clients’ questions and concerns throughout the litigation process. We will regularly consult with you and be available to answer your questions throughout the litigation process, from intake until resolution.
If you have suffered a serious injury, or lost a loved one in an accident, contact our injury lawyers today to schedule a consultation. Our attorneys are experienced in handling cases involving serious injury or death in a wide-variety of contexts, including trucking collisions, construction accidents, and car wrecks. It is important that you consult with an attorney following a serious accident. Depending on the nature of the accident, different regulations, laws, or industry standards may govern the conduct of responsible persons and companies. For example, wrecks involving 18-wheelers often require thorough understanding of the Federal Motor Carrier Safety Regulations, while construction injuries may implicate the regulations enacted by the Occupational Safety and Health Administration. Additionally, Texas common law imposes duties on persons and companies to exercise proper care to protect the general public from the negligent acts of others.
Our lawyers are here to assist you in understanding these regulations and laws, and applying them to your case to help you recover compensation in your time of need. Contact us today to talk to one of our catastrophic injury lawyers.
