When someone gets hurt and suffers before they die, a survival action lawsuit can pursue damages for the suffering they endured from injury until death. It is separate from a wrongful death claim, but you can pursue both at the same time.
A survival action allows the estate to recover damages for the pain, suffering, medical bills, and lost wages the person experienced during the time they lived after getting hurt but before they passed away.
You need a Houston survival actions lawyer from Williams Hart & Boundas for these claims because they understand that even though someone eventually died, they went through losses that deserve compensation. Call us today for a free consultation with one of our experienced wrongful death attorneys.
Survival Action vs. Wrongful Death
It is important to understand the difference between survival action and wrongful claims.
Survival Action
In a survival action, the beneficiary is the deceased person’s estate, and the focus is on the injuries and losses of the person who died. The damages recovered can include pain and suffering, medical expenses, lost wages, and property damage suffered by the deceased.
Wrongful Death Claim
By contrast, in a wrongful death claim, the beneficiary consists of specific surviving family members such as a spouse, children, or parents. Here, the focus is on the losses of the surviving family members, and the damages recovered may involve financial support lost, inheritance, loss of companionship, and the mental anguish of survivors.
A Houston attorney can help you understand the differences between survival actions and wrongful death claims, and help you file the correct claim for your case.
Who Can File a Survival Action?
In Houston, an attorney usually helps the executor or administrator of the deceased person’s estate file a survival action. If no executor or administrator has been appointed, or they do not do their job, the heirs might have the right to bring the action. This makes sure the deceased person’s rights are protected.
Types of Damages Recoverable in a Survival Action
The damages a lawyer can help you recover in a Houston survival action claim are those that the deceased person would have been able to recover if they had lived. These include:
- Any income or wages the person lost because they could not work after the injury and before they died
- Personal property, if the incident that caused the injury also damaged the deceased’s personal property
- Costs of medical treatment, hospital stays, surgeries, medications, and any other healthcare services from the time of injury until death
- Pain and suffering, including the physical pain, discomfort, and emotional distress the person endured during the time they survived after getting hurt
What you can actually recover depends on each case, how bad the injuries were, how long the person survived, and what evidence you have to support the claim.
The Role of a Survival Actions Lawyer
Survival actions are complicated, and you will need help supporting you through the legal process. A skilled Houston survival lawsuit attorney can:
- Ensure that all deadlines and procedural requirements are met
- Handle insurance adjusters and defense attorneys on behalf of the estate, aiming for a fair settlement
- Represent the estate if you cannot reach a fair settlement, presenting a compelling case to a judge and jury
- Work with medical experts and economists to figure out the exact value of the deceased person’s losses, including medical expenses, lost income, and pain and suffering
- Identify everyone who might be liable—not just the obvious person, but companies, property owners, manufacturers, and anyone whose actions contributed to what happened
- Thoroughly investigate the accident or incident that led to the death, gathering evidence such as police reports, medical records, witness statements, and expert testimony
Generally, a survival action must be filed within two years of the date of the person’s death.
Discuss a Survival Action Claim With a Houston Attorney Today
A survivorship claim allows estates to recover damages for pre-death injuries caused by negligence. If your loved one’s death warrants such a claim, talk to a Houston survival actions lawyer from Williams Hart & Boundas. Contact us today to understand your rights and seek the compensation you deserve.