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What is the Texas survival statute?

August 3, 2009

The Texas survival statute is a law that allows the estate of the deceased victim to sue for the injuries the deceased could have sued for if they had survived the accident. Essentially, the family is standing in the deceased’s shoes in terms of legal rights.


The Texas wrongful death statute and the survival statute are often used in conjunction. That is, the family of a deceased accident victim will typically bring suits seeking compensation under both statutes. To learn more about what defines a wrongful death click here


The Texas survival statute is an exception to the general rule that any legal claims a person might have are extinguished upon that person’s death. In fact, it is called a survival statute because the legal claim “survives” the victim’s death.


As for compensation involving the survival statute, the estate can recover all of the damages to which the victim would have been entitled, such as pain and suffering, lost wages and medical expenses.


Fears | Nachawati represents the families of accident victims in bringing wrongful death lawsuits and asserting their rights under the survival statute. If you have lost a loved one in an accident, contact us today for a free legal consultation. Simply email us at or call us on our toll-free helpline at 1.866.705.7584.



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