Collin County Survival Action Lawyer
If a loved one lost their life due to someone else’s careless, reckless, or intentional actions, you may have grounds to file a wrongful death claim for damages you experienced as a result of their untimely passing. In some situations, though, you may also have grounds to file a similar but separate type of claim called a survival action to recover for harm an accident victim experienced before they passed away.
Since survival actions work a little differently from wrongful death claims, it may be beneficial to seek counsel from a wrongful death attorney familiar with these types of cases before filing one yourself. An experienced Collin County survival action lawyer could determine whether you have grounds to pursue such a claim and, if so, work tirelessly on your behalf to pursue a favorable outcome.
Survival Actions Versus Wrongful Death Claims
The simplest way to differentiate between survival actions and wrongful death claims is based on the party or parties who are meant to benefit from each type of case. Survival actions are meant to recover compensation on behalf of a decedent’s estate, while wrongful death claims seek restitution on behalf of a deceased person’s surviving family members.
Since both types of cases stem from accidents borne of another party’s negligence, any situation that would give rise to a survival action would also give rise to a wrongful death lawsuit. So long as the decedent would have been able to pursue personal injury litigation for their damages had they survived the accident in question, that cause of action would “survive” their death and, if applicable, the death of the directly liable party, as per Texas Civil Practice and Remedies Code §71.021.
However, survival actions are only possible if the decedent in question did not immediately die in the course of their fatal accident. In other words, not all wrongful death cases automatically justify survival actions. A local survival action attorney could clarify on a case-by-case basis what legal options may be available to a deceased person’s surviving family members and/or estate representatives.
Recovering Damages Through a Survival Action
If any amount of time passed between the beginning of a fatal accident and a victim’s eventual death as a result of that incident, the estate representative named in the decedent’s will may file a survival action for any damages the decedent suffered during that period. If the decedent did not have a will or did not name an executor before their death, the court may appoint an administrator to fulfill the same role and responsibilities.
Damages that a hardworking lawyer may be able to help seek restitution for through a Collin County survival action include medical bills paid by the decedent, wages they lost while in treatment, funeral expenses taken out of their estate, and physical and emotional suffering they went through before passing away. If the defendant in a survival action engaged in gross negligence or did something to intentionally harm the decedent, punitive damages may be available as well.
Seek Help from a Collin County Survival Action Attorney
Managing both a survival action and a wrongful death lawsuit at the same time can be nearly impossible, even if you have experience with civil litigation, and especially while grappling with the sudden loss of a loved one. Fortunately, help is available from seasoned legal professionals who have guided families like yours through similarly tragic circumstances before.
A Collin County survival action lawyer could review your options with you and answer any questions you have during a confidential consultation. Get in touch today to schedule yours.