If another party’s negligence has caused the death of your loved one, you should not overlook the harm they experienced while still alive. State law allows a personal injury claim to continue on behalf of the injured party through their estate. A Mesquite survival actions lawyer from our firm can explain how this type of claim works and how it differs from a traditional wrongful death action.
At Ted Lyon Law, we help families pursue the compensation the law entitles an estate to receive. Our wrongful death attorneys understand that this process often unfolds during a painful time, and we can handle legal and logistical work on your behalf while you focus on your family. We work directly with the personal representative of your loved one’s estate to gather evidence, calculate damages, and pursue the responsible party, whether the case settles or proceeds to trial.
How Does a Survival Action Differ From Other Death-Related Claims?
State law allows for more than one type of claim when negligence contributes to a person’s death. While family members may bring a wrongful death claim for their own losses, a survival action belongs to the deceased individual’s estate and addresses what that person went through between the moment of injury and their death. The suffering the injured person experienced before passing forms the basis of the claim.
Pursuing a survival action begins with identifying who has legal authority to bring the claim forward. This is typically the estate’s personal representative, though heirs may have standing in certain circumstances. In many cases, families pursue a claim alongside a separate case for their own losses, since both can arise from the same underlying accident. Our Mesquite attorneys can explain how survival actions interact with other death claims so you understand what each one may accomplish.
Compensation a Deceased Victim’s Estate Can Pursue in a Survival Action
When a survival action moves forward, the estate stands in the place of the deceased person. The damages sought reflect losses they experienced, not losses felt by surviving relatives. Depending on the circumstances of the case, a survival action can seek recovery for:
- Medical treatment and hospital costs incurred before death
- Physical pain endured between the injury and the passing
- Mental anguish experienced while the person was still alive
- Wages the person would have earned had they continued working
- Property damaged in the same incident that caused the injury
Once the survival action recovers compensation, the money becomes part of the estate, after which the deceased’s will or, if no will exists, state intestacy laws determine its distribution. This differs from money awarded directly to a surviving spouse, child, or parent through a separate wrongful death claim. Because survival actions and wrongful death claims serve different purposes and involve different recipients, our Mesquite attorneys calculate damages accurately with careful attention to how we classify each type of loss.
Contact Our Mesquite Attorneys About Your Survival Action
Losing a loved one after an injury caused by someone else’s negligence brings grief and complicated questions about what comes next. A survival action gives the estate a path to recover compensation for what your loved one endured, separate from any claim available to surviving family members. Understanding how this process works, and how it fits alongside other potential claims, matters for protecting the full value of your case and seeking justice for everything your loved one endured.
Our attorneys guide personal representatives through every stage of this process, from establishing legal authority to act on behalf of the estate to presenting the case in negotiations or before a jury. Contact us to speak with a Mesquite survival actions lawyer at Ted Lyon Law today to schedule a free consultation and learn how we can help your loved one’s estate recover just compensation. We do not get paid unless we secure compensation on your behalf.
