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Filing a personal injury lawsuit for a family member that has died

 

In some accidents, a victim will die due to injuries before he or she is able to file a personal injury lawsuit.  In these cases, surviving family members may be able to seek compensation under the Texas survival statute.  This statute allows surviving family members of a victim to seek compensation for the damages for which the victim could have sought compensation, had the victim survived the injuries.  These damages can include anything from medical bills to lost income to mental and emotional pain.

If you have lost a loved one due to the negligence of another, a personal injury attorney can help you build a strong case under the Texas survival statute.  This lawsuit may appear similar to a wrongful death lawsuit (which you may also be eligible to file), but they are structurally different.  A survival statute lawsuit seeks compensation for the losses suffered by the deceased victim, whereas a wrongful death lawsuit seeks compensation for the losses suffered by the surviving family members caused by the victim's death.

Posted by: Personal Injury Attorney Michael Grossman | Posted on: 5/3/2010 | Comments (0)

As a Texas attorney practicing for 20 years, I have litigated all manner of personal injury cases. I use this blog as a place to write opinion / editorial articles on a variety of topics that catch my interest and as a means of sharing news stories relevant to personal injury accidents. I think the overwhelming majority of people are unaware just how common these types of accidents are and I hope this blog raises awareness to rather serious public safety concerns. However, this blog is simply a means for me to share my opinions and I would recommend that anyone who is considering seeking legal counsel should contact their family attorney.

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