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Texas Survival Claims: What They Are and How They Work

By Dallas Personal Injury Attorney on July 30, 2023

A survival claim is a legal tool that allows the heir or executor of a deceased person’s estate to bring a personal injury lawsuit on behalf of the deceased person. A survival claim aims to seek justice for a deceased accident victim. Although a survival claim is similar to a wrongful death claim, they are not the same.

What Are Survival Claims?

If you have lost a loved one through the negligence of another, a survival claim allows you to pursue the personal injury claim your deceased loved one could have pursued had they lived. The personal injury claim can be for a separate incident that is not related to the cause of death. The award in this type of claim does not go to surviving family members of the deceased. It goes to the estate of the deceased to be distributed according to the will or state intestate succession laws.

Who Is Eligible to File a Survival Claim, and What Damages Can Be Pursued?

To be eligible to file a survival claim in Texas, you must be a legal representative of the deceased person’s estate. Recoverable compensation in this type of claim is what your loved one could have recovered from the negligent party had they survived. Common survival claim damages include medical expenses incurred by the deceased, wages the deceased lost while receiving medical care due to the injury, the value of the pain and suffering your loved one endured, and funeral and burial expenses.

What Evidence Is Needed to Prove a Survival Claim?

Survival claims apply to situations in which a person who is now deceased suffered harm caused by someone else while still alive. They may or may not be related to the victim’s cause of death. The four elements that must be established in a survival claim are as follows:

• You are the legal representative of the victim’s estate.
• The deceased had a cause of action for personal injury.
• The deceased would have been able to bring a personal injury lawsuit had they survived.
• The defendant’s negligent actions caused the victim’s injury.

The estate of the deceased must present evidence to prove that the defendant acted negligently and caused the victim to incur medical expenses and experience pain and suffering before death. The statute of limitations for survival claims is two years. The clock starts ticking on the date the injury occurred (or, in some cases, the date the injury was discovered), not the date of death. It is important to act quickly to file a claim within the time limit.

How Can a Dallas Wrongful Death Attorney Help?

A survival claim gives you the opportunity to recover the compensation your deceased loved one could have recovered had they survived. It allows you to seek justice for your loved one and hold responsible parties accountable.

An experienced Dallas wrongful death attorney can investigate the incident that caused harm to your loved one to determine fault and liability, secure evidence to support your claim, calculate the full extent of your loved one’s losses, and build a strong case based on the facts.

Contact The Lenahan Law Firm for Experience Legal Counsel

At The Lenahan Law Firm, we have a history of success for our clients. Founding attorney Marc Lenahan is a respected and experienced wrongful death and injury lawyer who can effectively pursue the compensation you deserve.

We have the knowledge and recourses to thoroughly investigate your case and guide you through the legal process. If you are considering filing a survival claim, reach out to our legal team in Dallas, Texas. Call us at (214) 295-1008 to schedule a free initial consultation.