If a person has a slow death, can you file for their injury and wrongful death?

If a person has a slow death, can you file for their injury and wrongful death?

Yes, you could file both a wrongful death lawsuit and a survival action. Although pursuing these claims won’t bring your loved one back, it can aid your financially and enable you to proceed. In addition to losing your loved one’s salary and other contributions, you shouldn’t have to take on the burden of paying their medical bills and burial costs.

A legal action for wrongful death is launched for the harm caused to a set of identified relatives as a result of the loss of their loved one. A lawsuit is known as a “survival action” that is filed to recoup the personal injury damages of a victim who passed away as a result of or soon after suffering injuries.

Survival actions were enacted to stop a personal injury victim’s claim from being lost after their passing. All personal injury causes of action were regarded as personal by common law. As a result, the claim for personal injury was abandoned when a person passed away. Because doing so would forgive the irresponsible actor of responsibility, it became ironically advantageous for the careless actor to cause someone’s death rather than merely an injury. Many state legislatures made the early decision that a person who kills someone else carelessly or recklessly should not profit from their conduct to the disadvantage of the victim. 

As a result, according to the Texas Survival Statute, a personal injury claim does not end when someone passes away. Instead, the cause of action is kept and transferred to the decedent’s heirs, personal representatives, and estate. Unlike the wrongful death legislation, the injuries may have contributed to the death but are not required to have done so. 

Survival Claims

Wrongful Death Lawyer for a Slow Death

Cases involving wrongful death involve challenging legal processes. It is essential to hire a specialist wrongful death lawyer. David P. Willis is board-certified in personal injury trial law. Only 1,300 lawyers in Texas have that honor, and he is one of them. He has delivered outstanding results for his clients, and he will put in the same effort for you.

To schedule a private and cost-free consultation for your wrongful death case, call us or use our free online form to get in touch with our legal company right now. You and your family may be entitled to significant monetary compensation for your losses under the law, but you need a wrongful death attorney to file a wrongful death claim on your behalf and to fight for your rights.

Get in touch with us to begin pursuing the compensation you or a member of your family is due following a death in the family. Don’t delay, since the statute of limitations, which is also known as filing deadlines, does apply and begins to run as soon as the accident or death occurs. Make sure you comprehend the statutes of limitations by speaking with a lawyer. Contact us online or by phone at 1-800-883-9858.

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