It is heartbreaking to lose a loved one. You might have two legal options when that loss is due to negligence. These include a wrongful death claim or a survival action.
What is a Wrongful Death Claim?
A wrongful death claim is brought by surviving family members to recover damages when a loved one dies as a result of another person’s negligence or misconduct. Usually, close relatives file such claims. For example, spouses, children, or parents to soothe the loss and psychological anguish of the death.
If you think negligence has taken your loved one, you should contact a Houston wrongful death lawyer. Contact a Houston wrongful death lawyer to assist you in the legal process and help you get the best of what you deserve for your loss.
Possible Damages
In a wrongful death claim, families may recover damages related to their emotional pain and financial loss. These can include:
- Funeral and burial expenses
- Loss of income or financial support
- Loss of consortium
- Mental anguish
The damages seek to assist surviving family members in their losses and to compensate for the owner’s direct and indirect loss from the death.
What is a Survival Action?
The difference between a survival action and an ordinary action is that a survival action is about the rights of the deceased person, not the family. It is a way for the deceased person’s estate to claim the deceased person’s shoes and file a claim that the deceased person would have filed had they lived. This claim type is directed at the decedent’s pain and suffering before death.
Possible Damages
In a survival action, the estate may recover:
- Medical bills incurred prior to death
- The pain and suffering the decedent endured
- Earning capacity lost if decedent was incapacitated before death
- The incident related property damages
The purpose of these damages is to compensate for the losses the decedent suffered personally before their death.
When are Both Available?
Sometimes, both a wrongful death claim and a survival action may be brought. For example, if a loved one survives after the negligent incident for a time and then passes away from their injuries, then both types of claims may apply. The survival action would be for the suffering the decedent endured before death and the wrongful death claim for the family’s loss.
Differences In Statutes Of Limitations
Wrongful Death Claim: Statute of Limitations
The statute of limitations for filing a wrongful death claim in Texas is usually two years from the date of the deceased person’s accident which caused the death. The length of time in which the family has survived is meant to permit the surviving family to take legal action against the party responsible for their loss. However, there are certain exceptions, such as:
- If the claimant is a minor, the two-year period may begin once the claimant reaches the age of 18.
- The statute is tolled (paused) in cases of fraud or concealment until the wrongful act is discovered.
These possible exceptions show that timely action is essential, as failing to act within the statute of limitations can result in loss of compensation.
Survival Action: Statute of Limitations
Survival actions are claims by the deceased’s estate that could have been by the deceased if they had lived. They have a statute of limitations similar to the period that would have applied if the decedent were still living. Ordinarily, the estate has two years from the date of the injury or the date of the event causing the injury to file a survival action.
The problem, however, is that the statute of limitations often begins at the time of the underlying injury, not the date of death, and can significantly affect the filing timeline. Getting advice from Top Houston wrongful death lawyers is essential to ensure that you meet all deadlines and understand your legal options so that you can get justice for your loved one. An experienced attorney can help decode all these complex timelines to decide how, when, and who will be in front of the court.
Wrongful death lawyers are necessary if you have lost a loved one to someone’s negligence. Contact a lawyer to see how it may impact you today.
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