It is difficult to think about one’s legal options after they are killed by another person or company’s negligent actions. However, the sudden loss of a loved one is likely to impose new financial challenges on your family.
Your family may be entitled to compensation for the loss of your loved one. To receive that compensation, it is likely that you will have to file a wrongful death claim, a survival action, or possibly both. In filing such an action, it is critical that you are represented by counsel with a deep knowledge of wrongful death claims and survival actions, a desire to aggressively advocate for your case, and the people skills to compassionately counsel you regarding your legal options in the wake of your loss.
Our Dallas personal injury lawyers at Bush & Bush cannot fathom the pain your family might be experiencing due to the loss of your loved ones, but our experienced team can provide a steady hand to guide you through complex wrongful death and survival litigation after you have experienced the worst.
When you are ready, reach out to us at (469) 977-7777 to schedule your free consultation.
Why Work with Us on Your Personal Injury Case?
When you’ve been injured due to another’s negligence, selecting the right attorney is essential. Here’s why you should choose us:
- No Fees Unless We Win: We only get paid if we recover compensation for you.
- 24-Hour Cash Advance: Need immediate funds? We can arrange a cash advance through a third party.
- Free Consultation: We offer a free, no-obligation consultation to discuss your case and options.
- Round-the-Clock Availability: We’re here to support you 24/7, ready to answer your calls and address your concerns.
Our extensive experience in personal injury cases allows us to build a strong case on your behalf, maximizing your compensation. We collaborate with a network of professionals, including medical experts and financial consultants, to strengthen your claim. We take the time to listen to your story and understand your goals, ensuring a tailored approach that meets your needs.
The Difference Between a Wrongful Death Claim and Survival Actions
Wrongful death claims and survival actions are commonly brought by the families of people who were killed by another person or company’s negligent behavior. Both wrongful death claims and survival actions are created by Texas statutes.
Each claim is brought on behalf of a deceased person and constitutes what is known as a derivative action. These actions are derivative in the sense that the statutory beneficiaries can only bring a legal claim if the deceased person on whose behalf they are bringing the action could have brought that claim. These derivative claims are also subject to any defenses that a defendant could have raised if the deceased person had filed the lawsuit themselves.
While they may seem similar, wrongful death claims are separate, distinct legal claims from survival actions. In some cases, a plaintiff might be able to bring both a wrongful death claim and a survival action. The differences between these two different legal claims are set out below.
Wrongful Death Claims
In Texas, claims alleging wrongful death are governed by Tex. Civ. Prac. & Rem. Code §§ 71.002-71.012. This statute allows a deceased person’s surviving spouse, children, or parents on behalf of the deceased person. Wrongful death claims recover the damages suffered by the deceased person’s surviving relatives as a result of the death.
Wrongful death claims allow people to recover damages measured by the monetary value of the benefit that the person bringing the wrongful death action reasonably expected to receive from the deceased person if he or she was still alive. These damages can be awarded for:
- the loss of care, maintenance, support, services, advice, or counsel that the deceased person would have provided to the wrongful death claimant;
- lost inheritance caused by the death of the deceased person;
- the monetary value of a parent’s services to a child for nurture, care, education, or guidance; and
- any other financial contributions of the deceased person would have made.
If you need assistance with a car accident-related wrongful death, contact a Bush & Bush Dallas car accident attorney today.
Survival Actions
Survival actions are governed by Tex. Civ. Prac. & Rem. Cod. Ann. §§ 71.021-72.022, but they were originally available to plaintiffs at common law. The major difference between survival actions and wrongful death claims comes from where the compensation goes. A survival action is brought to compensate the estate of the deceased person for the losses the deceased person suffered prior to his or her death. Put differently, a survival action basically allows a claim that a deceased person could have brought to survive his or her death.
Time is of the Essence When Filing a Claim Under Texas’s Wrongful Death Statute
In bringing a wrongful death claim, a plaintiff must remain vigilant regarding both the statute of limitations for the statutory wrongful death claim and the statute of limitations for the underlying personal injury claim.
The Statute of Limitations for a Wrongful Death Claim Can Prohibit You from Filing a Claim
A wrongful death claim cannot be brought until the person on whose behalf the claim would be brought passes away. At the point that the person dies, the wrongful death claim has accrued.
Once the wrongful death claim accrues, any tort action for personal injuries must be brought by an appropriate person within two years of the person’s passing. Failing to bring the wrongful death claim within those two years will prohibit that claim from ever being brought.
There is one exception to the two-year statute of limitations: a minor child of a deceased person can bring a wrongful death action in some instances. The statute of limitations on that child’s wrongful death claim is tolled until the child reaches the age of fourteen.
The Derivative Nature of Wrongful Death Actions Prohibits Bringing Expired Personal Injury Claims After Death
As previously stated, wrongful death claims are created by statute, and they can only be brought to the extent that the deceased person could have brought a personal injury action of his or her own. If the statute of limitations has run on the claim that the deceased person could have brought then that claim cannot be brought as a wrongful death claim either.
Reach Out to Our Dallas Wrongful Death Attorneys at Bush & Bush Today
We understand that the legal framework of these claims is complex and difficult to navigate for our clients. The dire loss our clients bravely face every day compounds these difficulties. You do not have to go through it alone if you have lost a loved one due to the negligent actions of another person or a company.
Litigating a wrongful death claim or a survival action is complex work, but our wrongful death attorneys have a deep understanding of the law and significant experience in litigating wrongful death cases. We will work diligently and compassionately to make sure you recover every cent you are owed. To schedule your free consultation, please contact our wrongful death attorneys online or call us at (469) 977-7777.