If someone you love passes away due to the actions of another person or party, a survival action in San Antonio could lead to financial compensation for the deceased person’s losses. At Hill Law Firm Accident & Injury Lawyers, we know how painful it is to lose a loved one.
Our San Antonio personal injury attorneys will be there for you and your family throughout every step of the legal process of a survival action to ensure your loved one is given a voice in the justice system. Contact us today to start with a free, one-on-one consultation.
Why Clients in San Antonio Choose Us
- We have recovered millions of dollars on behalf of the wrongfully injured and killed in Texas.
- Our attorneys truly care about their clients and take the time to personalize their services.
- We are trial attorneys who are prepared to go to court with survival actions, if necessary.
- Our survival action lawyers in San Antonio charge $0 unless they win the case.
What Is a Survival Action in San Antonio?
In Texas, a survival action is a legal claim that can be filed by a representative or administrator of a deceased person’s (decedent’s) estate on behalf of the estate for losses suffered by the decedent prior to his or her death.
This type of legal claim is available when someone’s death was caused by the careless, reckless or wrongful actions of another person. In this situation, the right of the decedent to hold someone accountable for losses “survives” the decedent’s passing, allowing the estate to recover these damages instead.
Understanding the Difference Between Wrongful Death Claims and Survival Actions
Wrongful death claims and survival actions are both types of cases that can be filed after the preventable death of an individual in Texas. However, they serve different purposes. The goal of a wrongful death claim is to compensate surviving family members for their losses, such as the loss of the decedent’s wages and inheritance, lost love and companionship, and grief or mental anguish suffered.
Texas Civil Practice and Remedies Code § 71.021 states: “A cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death of the injured person or because of the death of a person liable for the injury.” The personal injury action survives in favor of the heirs, legal representatives and estate of the injured person.
A survival action seeks compensation for the deceased individual’s losses. It is similar to a personal injury claim that could have been filed by the decedent had he or she survived the incident. If someone is found liable, or financially responsible, in a survival action, he or she may be required to pay for the decedent’s medical bills, lost wages, and pain and suffering from the date of the accident to the time of death.
Requirements for a Survival Action
Under state law, to bring a survival action, there must be proof of someone’s liability for the death. Someone else must have been guilty of negligence, or the failure to act with reasonable care, or a wrongful act that resulted in the fatality. Proof of fault is required in the form of evidence. There must also be losses suffered by the deceased person, for which the representative of the estate is seeking financial compensation.
The decedent’s loved ones can file a wrongful death claim, but a survival action must be brought by the representative of the decedent’s estate. Any compensation awarded in a survival action will go directly to the estate to be distributed to heirs and beneficiaries. A wrongful death claim, on the other hand, can provide compensation directly to surviving family members.
Contact Us for a Free Survival Action Consultation in San Antonio
After the tragic and unexpected death of a loved one, your family may be able to pursue financial compensation through a wrongful death claim, a survival action or both. A consultation with an experienced attorney in San Antonio can give you the information you need to move forward with the right type of claim(s).
Speak to an attorney who cares today at Hill Law Firm Accident & Injury Lawyers. We understand what you’re going through and are here to help you hold someone accountable so that you can focus on grieving. Contact us now to start with a free case consultation.