Ted B. Lyon & Associates
866-576-3748 call us today for a free initial consultation
AV Preeminent-Rated*
Trial Attorneys Dedicated To Helping Good People Rebuild Their Lives For More Than 35 Years
Navigate
Verdicts & Settlements
  • Smalley v. Koch Industries; Koch Pipeline - a wrongful death case
  • Waldrip v. U-Hall - a personal injury case
  • Wiles v. Ford Motor Company - a products liability case
  • Bjerke v. Pierce Mortuary
  • Kahl v. Licker - a wrongful death case
  • Knight v. Dr. Steele & East Texas Anesthesiology
  • Kenyon v. Jerry Mooty, Jr. - a personal injury case
  • Avance v. H.B. Zackry Co. et al. - an automobile accident case
  • Burns v. Caterpillar - a products liability case
  • Skrine v. Victory Gym & Fitness - a personal injury case
  • Castleman v. America's Favorite Chicken - a work injury case
  • Pinales v. HI LITE Industries - a chemical injury case
  • Ogburn v. Sanmina-SCI Corporation - a personal injury case
  • Dunlap v. Excel Corporation - a personal injury case
Areas Of Our Practice

Wrongful death and survival actions in Texas

When someone dies in a fatal car crash, or in any accident caused by the negligence of another party, family members of the deceased family might have a right to compensation.  Under the Civil Practice and Remedies Code of the state of Texas, the spouse, child or children, and the parents of the accident victim may make a claim for damages against whoever caused the death. This is known as a wrongful death claim, and the lawsuit filed to pursue the claim is referred to as a wrongful death action.

Wrongful death claims only exist because of the legislation creating them. This means that brothers and sisters of a fatal boating accident victim do not have the right to sue for wrongful death because they are not one of the relatives specifically named in the statute as having that right. 

Damages recoverable in a wrongful death action might include:

  • Loss of companionship, support and care given by the deceased
  • The emotional pain and suffering of the victim's loved ones
  • Loss of inheritance includes the projected assets the victim might have acquired had he or she lived

Noticeably absent from the damages recoverable in a Dallas wrongful death claim are damages suffered by the deceased fatal truck accident victim. For example, the pain and suffering of the accident victim from the moment of injury until his or her death may be recovered in what is called a "survival action."

Survival actions are also a creation of state law in Texas. Instead of the family members seeking damages for their loss, as in a wrongful death case, they, or a representative of the deceased victim's estate, may sue for compensation for the injuries suffered by the accident victim.

A Dallas personal injury law firm might be a good source of guidance and legal advice for a family that has experienced the loss of a loved one in a fatal accident.

No Comments

Leave a comment
Comment Information
Texas Verdicts | Hall of Fame | Award Honoree The National Trial Lawyers|Top 100 Trial Lawyers American Academy Of Trial Attorneys AATA | Premier 100 | 2015 Newsweek Leading Showcase Trial Attorneys 2012 AV LexisNexis Martindale-Hubbell Peer Review Rated For Ethical Standards And Legal Ability Super Lawyers Legal Leaders Tm | Presents Martindale-Hubbell | Top Rated Lawyers Tm | 2016 | Av Preeminent | Martindale-Hubbell | Lawyer Ratings