If you have experienced an unexpected death of your loved one, legal action may be the last thing on your mind. After some time has passed, you may be ready to learn about your family’s legal options for a wrongful death suit in Corpus Christi, Texas. If you loved one died in any of the following scenarios, you may be entitled to compensation – slip and fall deaths, car wrecks, routine surgeries, workplace accidents, negligence that resulted in a death of a loved one. Continue reading to learn everything you need to know about a wrongful death claim and survival action in Texas.
Wrongful Death Claims and Survival Actions Are Not the Same Thing
Wrongful death suits and survival actions are two different types of legal recourse available for negligence related deaths of your loved one. A single family may be able to file both types of action in the Texas court system. It is essential that you understand the differences between these two types of claims. This will ensure that you will know what you should expect during the proceedings. Let’s take a look at the basics.
Texas allows spouses, children, and parents of a deceased person to file a wrongful death lawsuit. The purpose of this type of lawsuit is to recover damages that were suffered due to the death of a loved one. Damages may include medical bills, funeral expenses, loss of the individual’s financial support, love, guidance, and companionship. The plaintiffs of the case will receive the monetary damages directly.
A survival action is used to compensate the estate of the deceased for the losses that the deceased suffered before death. This may include medical bills, pain and suffering, property damage costs and lost wages. The damages are similar to the damages an individual would receive if the accident had not resulted in death. These damages are awarded to the deceased’s estate and distributed accordingly. Unlike a wrongful death suit, the damages are not paid directly to the deceased’s family members.
Deceased Love One In Corpus Christi
Families of a deceased individual can pursue compensation through survival action, wrongful death claims or both. If another individual caused the death of a loved one, your family may be eligible to file both types of legal action. Our team of Corpus Christi personal injury lawyers will help you determine if you have right to file a wrongful death claim, a survival action claim or both. They will work with you to ensure the proper paperwork is filed with the Texas court systems.
Understanding Wrongful Death Laws in Texas
When it comes to survival action suits, the Texas Survival Statute must be followed. This statue allows family members who have survived a wrongful death to file a personal injury lawsuit on behalf of the deceased individual. Another important law to know is the Texas Wrongful Death Act. This law states that surviving relatives can pursue compensation through legal action. The current law for survival action states that compensation for damages is not paid to the deceased’s spouse, children or parents. Instead, it is paid to the deceased’s estate.
Pursuing A Wrongful Death Claim In Corpus Christi
There are deadlines that must be followed when pursuing wrongful death claims in Texas. The timeline for filing a wrongful death lawsuit is two years from the date of death. There are exceptions to this deadline, so it is important that you speak to a Corpus Christi personal injury lawyer before you assume that the statute of limitations has run out. The best way to ensure you receive maximum compensation is to speak with a lawyer who specializes in wrongful death cases.