Ask a Lawyer - Archive

My wife was severely injured in a car accident a year ago, but she recently died from an unrelated accident. My "street lawyer" friends tell me that any lawsuit brought based on the car accident would be invalid, as there is no plaintiff - is this true?

Thank you for your question, and I am sorry for your loss. Under old tort law principles, the death of a plaintiff usually extinguished any claims that plaintiff may have possessed prior to death. Texas, like many other jurisdictions, has passed a survival statute. The survival statute allows the Estate of the deceased to be compensated for any claims the deceased could have brought had he or she survived.

In effect, the statute provides for the "survival" of the deceased's claims. Recoverable under the survival statute are all claims, (such as pain & suffering, mental anguish, medical bills, lost wages, etc.) to which the deceased would have been privy but not for his or her death.

I cannot emphasize strongly enough that you should immediately seek the services of an experienced personal injury attorney.