What if the plaintiff dies before they bring their personal injury lawsuit?

November 16, 2009

If a victim of an accident dies before they are able to bring a personal injury lawsuit, it is sometimes possible for the deceased’s estate to continue on with the litigation. Instead of a personal injury lawsuit, however, the estate of the deceased brings an action under the Texas survival statute.

The survival statute is a Texas law that provides a legal course of action for the family of a deceased victim. Under the Texas survival statute, the estate of the deceased victim is able to sue for the injuries the deceased could have sued for if the deceased had survived the accident that caused those injuries.

In a successful lawsuit brought under the Texas survival statute, the estate of the deceased is able to recover all the damages to which the victim would have been entitled. This includes pain and suffering and lost wages.

Note that the survival statute is separate and distinct from the Texas wrongful death statute. In a wrongful death lawsuit, the deceased’s family is suing for their own injuries, rather than injuries suffered by the victim.

If you have lost a loved one in an accident, contact Fears | Nachawati today for free legal advice. To speak with one of our Texas wrongful death and survival statute attorneys, simply email us atinfo@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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