fbpx

McKinney Survival Action Lawyer

The most basic difference between a survival action and a wrongful death action is that survival action is a personal injury action for damages that the decedent suffered between the time of the injury and their death. That window between the initial accident and the death could be mere seconds or it could be years. A survival action is typically brought by the estate of the person who was killed, usually through a probate process, and may accompany a wrongful death claim. A McKinney survival action lawyer could help recover compensation on behalf of an injured decedent and hold negligent defendants accountable.

Who is Personal Representative?

A survival action recovers compensation on behalf of the decedent’s estate, not on behalf of the decedent’s family or loved ones. As a result, a designated personal representative of the estate is the only person who may bring a survival action.

The Texas Estates Code lays out who is first, second and third in line to be a personal representative. Typically, a personal injury lawyer will hire another lawyer who works on trusts and estates to manage that part of the case, because they are different types of cases with different nomenclature and everything else.

The order of preference for a personal representative starts with the surviving spouse and then to different relatives. If none are available, a court will appoint somebody willing to serve. Sometimes, an estate lawyer will seek out a survival action lawyer to handle the case and litigate for the pain and suffering claim, the survival claim of the decedent.

Case Process of a Survival Action

A survival action is normally a probate process in which a personal representative is appointed by the probate court to make decisions. Then, the survival action and wrongful death are typically prosecuted together, although they are handled separately by a wrongful death lawyer or one who understands catastrophic injury work.

Damages

Normally,  a survival action deals with the last medical bills that the person had from the point of injury to the time of death, so all injuries the person had during that period are appropriate damages for a survival action. Occasionally, there will be a significant lost wages claim, but that is normally when a person survived for months after an incident before they died, a rare occurrence. For all other aspects, it is similar to any other catastrophic injury case, and involves pain, suffering, and impairment from the time of injury until the time of death.

Evidence

In the process of gathering evidence to calculate damages in a survival action, a lawyer may take witness statements of anybody who saw the person between the point of impact and the point of death to learn whether the person was experiencing pain or anguish. A lawyer could look at medical records of personnel on the scene to see whether there was any indication of life, and how long it was before the person died. The medical records can very often indicate pain, and what was done to control it. Evidence that a doctor prescribed painkillers, for example, would demonstrate that the decedent experienced pain.

Hiring a McKinney Survival Action Attorney

A negligent defendant whose actions led to someone else’s death should not be allowed to get away with not paying for hospital bills or lost income. If you are the personal representative of an estate, you could work to pursue those damages with the help of a McKinney survival action lawyer. Contact an attorney today to file a claim.

Free Consultation

Reviews

The McCraw Law Group
4.8
Based on 82 reviews
powered by Google
Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
See All Reviews

McKinney Survival Action Lawyer

ACCIDENTE