SERIOUS ATTORNEYS FOR SERIOUS INJURIES
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Losing someone you love in a fatal accident is one of the hardest things a family can face. Grief is overwhelming. Bills pile up. And somewhere in the middle of all that pain, you may find out that the law gives you a way to hold the responsible party accountable. In Texas, one of those legal tools is called a survival action. If your loved one was injured and later died from those injuries, a survival action may allow the estate to recover compensation for what that person suffered before they passed. At Chandler Ross Injury Attorneys in Denton, Texas, we work with families who are dealing with exactly this kind of loss, and we are here to help you understand your rights.
Table of Contents
- What Is a Survival Action Under Texas Law?
- Survival Action vs. Wrongful Death: Understanding the Difference
- What Damages Can a Survival Action Recover in Texas?
- Who Can File a Survival Action in Texas and When?
- Filing Both a Survival Action and a Wrongful Death Claim in Denton
- Why Families in Denton Choose Chandler Ross Injury Attorneys
- FAQs About Survival Actions in Texas
What Is a Survival Action Under Texas Law?
A survival action is a personal injury claim that continues after the injured person dies. Under Texas Civil Practice and Remedies Code Section 71.021, a cause of action for personal injury to the health or person of an injured individual does not simply disappear when that person passes away. The claim “survives” the death, which is exactly where the name comes from. The estate, the heirs, or the legal representative of the deceased can step in and pursue that claim as if the injured person were still alive.
Think about what that means in a real situation. Say a person is seriously hurt in a car accident near the I-35 and Loop 288 interchange in Denton. They receive emergency care, spend weeks in the hospital, and suffer terribly before dying from their injuries. Under CPRC Section 71.021(b), the personal injury action survives to the heirs, legal representatives, and estate of that person. The at-fault driver does not get a free pass just because the victim is no longer here to sue them.
This is a critical distinction. Before Texas enacted its survival statute, English common law essentially let negligent parties off the hook if the victim died. The Texas Legislature recognized that was deeply unfair and created the survival statute to close that gap. The personal injury lawyers at Chandler Ross Injury Attorneys understand how this law works and how to apply it to your family’s specific situation.
Under CPRC Section 71.021(c), the lawsuit can be brought and prosecuted as if the liable person were still alive. That means even if the at-fault driver or defendant also dies, the claim can continue against their estate or legal representative. The law protects your family’s right to seek justice no matter what happens after the accident.
Survival Action vs. Wrongful Death: Understanding the Difference
Many families in Denton hear the terms “survival action” and “wrongful death claim” and assume they mean the same thing. They do not. These are two separate legal claims under Chapter 71 of the Texas Civil Practice and Remedies Code, and they serve very different purposes. Understanding the difference helps you know what compensation your family may be entitled to and who has the right to file.
A wrongful death claim, governed by CPRC Section 71.002, is a claim brought by the surviving family members, specifically the spouse, children, and parents of the deceased. It compensates those family members for their own personal losses, things like loss of companionship, mental anguish, and the financial support the deceased would have provided. The damages go directly to those family members, not to the estate.
A survival action is different. It recovers what the deceased person could have claimed if they had survived. The damages belong to the estate and are then distributed according to the deceased’s will or Texas intestacy laws. Under the survival statute, the estate can seek compensation for medical expenses incurred before death, lost wages the person suffered, and the pain and suffering they experienced between the time of the injury and the time of death.
Here is a practical example. Suppose a Denton resident is struck by a drunk driver on University Drive (US-380) and survives for three weeks before dying from their injuries. The estate can file a survival action to recover for the hospital bills and the conscious pain and suffering during those three weeks. The spouse and children can separately file a wrongful death claim for their own losses. Both claims can be filed together, and doing so tells the full story of what the family lost. A skilled car accident lawyer can help structure both claims properly so that damages do not overlap, which is a requirement under Texas law.
What Damages Can a Survival Action Recover in Texas?
The purpose of a survival action is to recover the losses the deceased person personally suffered between the time of the injury and the time of death. Texas courts have recognized several categories of damages that are recoverable through this type of claim, and the value of those damages depends heavily on the specific facts of your case. Past results in other cases cannot guarantee what your case will be worth, since every situation involves different facts and different law.
Medical expenses are one of the most common categories. If your loved one received emergency treatment, was admitted to a hospital near Denton Regional Medical Center, underwent surgery, or required ongoing care before they died, those bills are recoverable through the survival action. The estate has a right to seek reimbursement for every dollar spent on treatment that was made necessary by the defendant’s negligence.
Lost wages are another recoverable item. If the deceased was working before the accident and could not work after being injured, the income they lost during that period is part of the survival claim. This is separate from the future earnings that might be claimed in a wrongful death action.
Pain and suffering is also recoverable under a survival action. Texas law allows the estate to seek compensation for the physical pain and mental anguish the deceased person experienced before they died. This is sometimes called “conscious pain and suffering,” meaning the person was aware of what they were going through. The longer the period between injury and death, the more significant this element of damages tends to be.
Property damage connected to the original injury may also be recoverable. Under CPRC Section 71.011, damages recovered in a survival action are not subject to the debts of the deceased, which means creditors generally cannot claim those funds. That protection helps ensure the recovery actually reaches the heirs and beneficiaries. Families dealing with fatal crashes on roads like Carroll Boulevard or Teasley Lane should speak with an attorney about exactly what their loved one’s estate may be entitled to recover. An experienced car accident lawyer can evaluate your specific facts and help you understand the full scope of available compensation.
Who Can File a Survival Action in Texas and When?
Under CPRC Section 71.021(b), a survival action is brought by the heirs, legal representatives, or estate of the deceased person. In practice, this typically means the executor or administrator of the estate is the one who files the lawsuit. If the deceased had a will, the executor named in that will usually handles the claim. If there was no will, the court appoints an administrator, often a spouse, parent, or child of the deceased.
Timing matters a great deal with survival actions. The statute of limitations for a survival action in Texas is generally two years from the date of the injury that caused the death. However, there is an important exception under CPRC Section 16.062. If no executor or administrator has been appointed, the limitations period is suspended for up to one year from the date of death. Once an administrator is appointed, the two-year clock begins to run from that point. This means a family could have up to three years in some circumstances, but waiting is always risky. Evidence disappears. Witnesses forget details. Insurance companies use delays to their advantage.
Families near Denton who are dealing with probate proceedings at the Denton County Courthouse on West Hickory Street should know that survival action claims are closely tied to the probate process. The personal representative of the estate has a fiduciary duty to pursue claims that benefit the estate, which can include a survival action. Under Texas Government Code Section 81.102, only a licensed attorney can represent the interests of a third party in legal proceedings, which means the estate must work with an attorney to bring this kind of claim.
If you are unsure whether you qualify to file or whether the deadline has passed, do not guess. Call Chandler Ross Injury Attorneys at (940) 800-2500 for a free consultation. Our attorneys are licensed in Texas and practice from our Denton office. We will tell you where you stand and what options your family has. Cases involving fatal accidents on dangerous stretches of I-35E near Denton or on local roads can involve complex liability questions, and acting quickly protects your rights. Families who need help in surrounding areas can also speak with our car accident attorney team serving Lewisville.
Filing Both a Survival Action and a Wrongful Death Claim in Denton
Texas law allows a family to file both a survival action and a wrongful death claim arising from the same fatal accident. These two claims are not mutually exclusive. In fact, filing both is often the right approach because together they capture the full picture of what the family and the estate lost. One claim addresses what the deceased personally suffered. The other addresses what the surviving family members lost as a result of the death.
Coordination between the two claims is important. Texas courts require that damages not overlap between a survival action and a wrongful death claim. For example, the deceased’s pain and suffering before death belongs in the survival action, not in the wrongful death claim. Wages earned before death are part of the survival action, while lost future earnings are part of wrongful death. Getting this structure right matters, because a poorly organized claim can result in reduced compensation or legal challenges from the defense.
The personal representative of the estate and the surviving family members often work together on these parallel claims. If the surviving spouse is also the executor of the estate, that person may be in a position to pursue both claims. However, the family members who are wrongful death beneficiaries can formally request that the estate not pursue a survival action if they choose, though this is rarely in anyone’s best interest.
Families in the Denton area who have lost a loved one in a fatal crash should also understand that Texas comparative fault rules can apply to these cases. Under Texas’s modified comparative fault system, if the deceased was partially at fault for the accident, that percentage of fault may reduce the recovery. This makes it even more important to build a strong case from the start. Our attorneys also serve families in the broader North Texas region, including through our car accident lawyer team in Decatur and our car accident lawyer team in Gainesville. Call Chandler Ross Injury Attorneys at (940) 800-2500 to speak with our team about your family’s options today.
Why Families in Denton Choose Chandler Ross Injury Attorneys
Survival action cases are serious, and the stakes are high. These cases involve grieving families, complex legal requirements, probate proceedings, and insurance companies that are motivated to pay as little as possible. Having an attorney who handles these cases in Texas, and who knows the Denton County court system, makes a real difference in how your case is managed.
Chandler Ross Injury Attorneys is based in Denton, Texas. We represent clients in Denton County and throughout North Texas. Our attorneys are licensed in Texas and handle personal injury and wrongful death cases, including survival actions arising from fatal car accidents. We know the local roads where these tragedies happen, from the high-speed corridors of I-35 to the busy intersections near the University of North Texas campus and the neighborhoods around Rayzor Ranch. We understand the Denton County court process and what it takes to build a strong case here.
We handle survival action cases on a contingency fee basis. That means you pay no attorney fees unless we recover compensation for you. There is no upfront cost to speak with us, and no financial risk to getting started. Every family deserves to know their rights, and we are here to make sure you have that information.
If your family has lost someone in a fatal accident and you believe a survival action may apply, call us at (940) 800-2500 or reach out through our website. Time is a factor in these cases, and the sooner you speak with an attorney, the better protected your family’s rights will be. Chandler Ross Injury Attorneys, located in Denton, Texas, is responsible for the content of this page. Our principal office is in Denton, Texas.
FAQs About Survival Actions in Texas
What is the difference between a survival action and a wrongful death claim in Texas?
A survival action recovers damages the deceased person personally suffered before they died, such as medical bills, lost wages, and pain and suffering. Those damages go to the estate. A wrongful death claim is filed by surviving family members, specifically the spouse, children, or parents of the deceased, and compensates them for their own losses, like loss of companionship and mental anguish. Both claims can be filed together after a fatal accident in Texas.
Who files a survival action in Texas?
The executor or administrator of the deceased person’s estate files a survival action in Texas. If the deceased had a will, the named executor handles the claim. If there was no will, the court appoints an administrator, often a close family member. Under CPRC Section 71.021(b), the action survives in favor of the heirs, legal representatives, and estate of the injured person.
How long do I have to file a survival action in Texas?
The general deadline is two years from the date of the injury. However, under CPRC Section 16.062, the limitations period is suspended for up to one year after the date of death if no executor or administrator has been appointed. Once an administrator is appointed, the two-year clock starts running. In some cases, this can give the estate up to three years from the date of death to file, but waiting is risky. Evidence fades and insurance companies build their defenses over time.
What damages can be recovered in a Texas survival action?
A survival action can recover medical expenses the deceased incurred before death, lost wages from the time of injury until death, and compensation for the conscious pain and suffering the person experienced. Property damage may also be recoverable. Under CPRC Section 71.011, damages recovered through a survival action are not subject to the debts of the deceased, which protects the recovery for the heirs and beneficiaries of the estate.
Can a survival action be filed even if the at-fault driver also died?
Yes. Under CPRC Section 71.021(a), a cause of action for personal injury does not end because of the death of the person liable for the injury. Under Section 71.021(c), the lawsuit can be brought and prosecuted as if the liable person were still alive. This means the claim can proceed against the estate or legal representative of the at-fault party, even if that person has also passed away.