Claiming Survival Damages after a Fatal Texas Motorcycle Accident | DENENA | POINTS
CALL
TEXT

Claiming Survival Damages after a Fatal Texas Motorcycle Accident

A claim made by a close family member for survival damages after a fatal Texas motorcycle accident basically serves to claim the personal injury damages that the accident victim would have sued for had he or she lived.

The Basics of a Survival Claim

Our Texas motorcycle accident attorneys clarify that the representative of the decedent’s estate essentially serves as a proxy for the accident victim to claim the personal injury damages for which the victim was eligible because of injuries, medical expenses, and suffering prior to death. A Survival Claim is basically a Personal Injury Claim that the deceased victim’s close family member has inherited.

Because the survival claim relates to the expenses and personal suffering of the victim PRIOR to death, funeral expenses can’t be claimed in a survival action. Funeral expenses belong to a wrongful death action. The victim’s closest surviving relative might pursue both a wrongful death action and a survival action claim, but they would usually be consolidated under one attorney.

Texas Motorcycle Accident Attorneys Explain What’s Included in a Survival Damages Claim

  • The victim’s medical expenses up until the time of death.
  • The victim’s property damage from the accident such as vehicle damage.
  • Lost wages.
  • The victim’s reduced earnings capacity because of disabilities and impairments incurred in the accident. These would be calculated over the cost of the victim’s expected working life.
  • The value of disfigurements.
  • Pain and suffering from the accident.
  • Mental and emotional anguish because of the accident.

Grievously injured accident victims often suffer through their injuries in a hospital or even at an accident scene for some time before succumbing to their fatal wounds. That the victim died of the injuries should not absolve the negligent person that caused the accident from their responsibility to pay the just financial value of the injuries and suffering caused by their negligence.

Our Texas motorcycle accident attorneys understand full well that money can never truly compensate for pain and suffering, disfigurement, or the trauma of an accident, let alone for a human life. But the courts do not have the ability to restore life or limb, so they have had to settle on a system that attempts to assign monetary values to all of these.

Contact the Texas Motorcycle Accident Attorneys at Denena Points, PC when You need to Claim Survival Damages on Behalf of a Loved One

We offer a free and confidential legal consultation to discuss your case and your potential eligibility to claim survival damages in the place of your deceased loved one. You have no obligation to hire an attorney. And the knowledge you receive could help you make sound and informed decisions for yourself and your family. Call us now at 281-369-4363 or fill out our online contact form. We’re here to help. Let our skill and experience work for your benefit.