Wrongful Death and Survival Actions in Texas: What to Know

 Posted on November 22, 2024 in Wrongful Death

Accidents happen every day, and some of them produce severe and fatal injuries. At times, victims fight for their lives, only to eventually succumb to their injuries. Eligible family members or survivors may qualify for compensation through a wrongful death or survival action. Unfortunately, these cases can be challenging, and you may not get as much compensation as you should if you handle your case alone.

What are survival and wrongful death actions? What kinds of compensation could you receive? How do you know if you qualify? A knowledgeable Austin, TX personal injury lawyer from Alford Law PLLC can explain your legal options during a free consultation.

Understanding Texas Survival and Wrongful Death Actions

When an intentional act or negligence leads to death, whether immediately or at a later time, you could receive compensation for the victim’s damages and your own. Damages in this kind of legal matter are specific losses that directly result from an accident, but the term also refers to the compensation or reimbursement you could receive due to those losses.

Suppose Jeff was severely injured in a car wreck caused by a distracted driver. Jeff’s wife, Linda, and their three children remain hopeful during his three weeks in critical care, but he passes away.

Wrongful Death

While Jeff was still alive, he accumulated astronomical medical expenses. His car was totaled, and he was unable to work. He experienced significant pain and depression before his passing. Had Jeff lived, he would have been eligible for damages through a personal injury claim. Because he passed away, Linda can collect that compensation on his behalf in a wrongful death claim. These damages might include:

• Medical treatment costs

• Property damage

• Lost income

• Ongoing care

• Anxiety, PTSD, and depression

• Pain and suffering

• Inconvenience

• Loss of the enjoyment of life

Funeral and burial expenses may be included in either a wrongful death or survival action, but not both.

Survival Action

Linda and the couple’s children will experience their own losses. A survival action may allow them to obtain damages for:

• Mental and emotional pain and suffering

• Loss of guidance and emotional support

• Loss of Jeff’s expected lifetime financial support and benefits

• Loss of inheritance

• Loss of society, consortium, and companionship

It takes a deep knowledge of the applicable laws to calculate the damages you could receive accurately, and it takes an effective lawyer to help you get as much as you deserve.

Call Our Compassionate Bexar County, TX Wrongful Death Lawyers Today

Money cannot replace your loved one, but it can provide for you and your family while holding the at-fault party accountable for their negligence. Let Alford Law PLLC help you through this difficult time. Call us at 210-951-9467 to schedule a free consultation with one of our competent San Antonio, TX personal injury attorneys.