When families lose a loved one due to another party's negligence in New Braunfels, Texas, they may have the right to pursue both a wrongful death claim and a survival action. While wrongful death claims compensate family members for their own losses, survival actions are distinct legal mechanisms that allow the deceased person's estate to recover damages the victim could have claimed had they survived. These actions can address medical expenses incurred before death, lost wages, property damage, and the pain and suffering experienced by the deceased between the time of injury and death. Understanding the interplay between survival actions and wrongful death claims is crucial for families seeking justice, as they operate under different legal frameworks and may involve different beneficiaries and types of compensation.

Legal Rights and Considerations

Under Texas Civil Practice and Remedies Code Section 71.021, survival actions must be initiated by the deceased person's legal representative or estate administrator. Texas imposes a strict two-year statute of limitations from the date of death for filing survival actions. The estate can potentially recover damages including medical expenses, lost earning capacity between injury and death, property damage, and compensation for the deceased's pain and suffering. While liability insurance from the at-fault party typically covers these claims, cases may also involve additional insurance policies such as umbrella coverage or commercial liability policies. The compensation structure differs from wrongful death claims, as any damages awarded become part of the deceased's estate and are distributed according to the will or Texas intestacy laws. An experienced Texas wrongful death lawyer will handle all aspects of the legal claim.

A wrongful death can occur in a number of accident types, each of which requires an experienced personal injury attorney to manage the complex lawsuit. Click the links below to learn how a good lawyer can help with your type of accident or injury:

• New Braunfels car accident attorney;
• New Braunfels pedestrian accident attorney;
• New Braunfels motorcycle accident law firm;
• New Braunfels truck collision lawyer;
• New Braunfels DUI accident lawyer;
• New Braunfels distracted driving accident law firm;

Related Resources

Local Courts:

• Comal County District Court
• New Braunfels Municipal Court
• Comal County Court at Law

Support Services:

• Texas Crime Victims' Compensation Program
• New Braunfels Grief Support Groups
• Comal County Victim Services Division

Legal References:

• Texas Civil Practice and Remedies Code, Chapter 71
• Texas Estates Code
• Texas Department of Insurance Regulations

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