Houston Survival Actions Lawyer

Survival actions allow the estate of a deceased person to pursue compensation for the damages an accident victim could have sought had they survived. Through a survival action, an at-fault party can be held liable for medical costs, lost income, pain and suffering, and other damages the decedent would have had a legal right to pursue.

A survival action is different from a wrongful death claim, where a family seeks compensation for their own damages due to the tragic loss of a loved one. This can be an emotionally stressful pursuit for grieving family members, and guidance from a knowledgeable Houston survival actions lawyer can be critical during this time of need. Our wrongful death attorneys at Fleming Law Accident & Injury Attorneys are available 24/7 to discuss your case.

What Is a Survival Action?

Survival actions are legal claims filed by a decedent’s heirs or estate over injuries the decedent experienced and claims that person could have brought if they had survived. The monetary award in a survival action goes to the deceased’s estate and compensates for damages that could have been claimed in a personal injury lawsuit.

There are four keys to a survival action:

• The plaintiff must be a representative of the deceased’s estate
• The deceased had a cause of action for a personal injury claim, based on the accident involved
• The victim would have had legal standing to file a personal injury lawsuit had they survived
• The at-fault party’s negligence or wrongful act caused the victim’s injuries

A survival action claim can be based on the cause of death, but it does not need to be. An experienced Houston lawyer can investigate the facts and potential for a survival action.

The Difference Between a Survival Action and a Wrongful Death Claim

Survival actions are different from wrongful death claims. A survival action is based on pain and suffering, medical bills, and other personal injury damages the deceased themselves could have claimed. A wrongful death claim, instead, pays the deceased’s qualified survivors for losses they suffered directly, such as emotional distress and loss of companionship. A wrongful death claim focuses on the emotional and financial harm suffered by the family.

A Houston attorney can file both a survival action and a wrongful death claim at the same time. This allows grieving families to pursue justice for their loved one and for the surviving family.

Damages in a Survival Action

Depending on the nature of the accident and injuries involved, survivors can pursue different types of damages, including:

• Medical bills: Surviving heirs can recover the costs of medical treatment a victim received before their death
• Lost income: When an accident prevents the deceased from working and earning income, their estate can pursue payment for lost income
• Pain and suffering: An estate can seek compensation for pain and suffering due to an accident, including emotional trauma
• Property damages: Losses to property can also be compensated on behalf of the deceased

These and other damages can be collected by the deceased’s estate. A Houston personal injury attorney who has experience with survival actions can help determine the damages available in a claim and how those would be distributed to the estate.

Contact a Survival Actions Attorney in Houston To Learn More

After a tragic accident caused by someone else’s negligence, it is important to enlist the guidance of an experienced and compassionate Houston survival actions lawyer. Our team at Fleming Law Accident & Injury Attorneys can help you and your family determine if you have a valid survival claim and gather evidence to support your case. To understand more about this process, contact us today to schedule a case evaluation.