A major accident can result in catastrophic or even fatal injuries. When a person suffers injuries due to another party’s negligence and later passes away, Texas law allows certain personal injury claims to continue through the decedent’s estate. A survival action may allow the estate to recover damages the deceased would have been entitled to pursue had they survived.
If you have lost someone in a tragic accident, let a dedicated trusts and estate lawyer at Romano & Sumner help you and your family. Our legal team is experienced in handling survival actions in Houston and the surrounding areas, and we are prepared to guide you through this difficult time.
Under Texas Civil Practice & Remedies Code § 71.021, a survival action allows a decedent’s estate to recover damages the deceased could have recovered had they lived. Rather than compensating family members for their grief, a survival action focuses on the harm suffered by the decedent prior to death.
In other words, the personal injury claim “survives” the person’s death and may be pursued by the estate’s legal representative.
To bring a successful survival action claim in Houston, the following must generally be established:
A survival action allows an estate in Houston to seek compensation for losses experienced by the decedent before death. Recoverable damages may include:
Any compensation recovered in a survival action is paid to the estate. The proceeds are then distributed according to the decedent’s will or, if there is no will, pursuant to Texas intestacy laws. Because the recovery becomes part of the estate, it may be subject to creditor claims and certain legal protections.
A survival action may be available whenever a person had a valid personal injury claim at the time of death. Importantly, the claim does not have to be the cause of death. For example, if an individual suffered injuries in a car accident in Houston caused by another driver but later passed away from an unrelated cause, the estate may still pursue a survival action related to the earlier accident.
Survival claims are generally subject to a two-year statute of limitations under Tex. Civ. Prac. & Rem. Code § 16.003(b), typically measured from the date of death, though limited exceptions may apply.
Survival action cases require careful attention to both personal injury law and estate administration. These matters often involve complex questions regarding liability, damages, and probate procedures.
At Romano & Sumner, we represent estates in survival actions and help families pursue the compensation their loved one would have been entitled to recover.
To learn more about filing a survival action in Houston, call Romano & Sumner today. We are here to guide you.
Romano & Sumner, PLLC
