Personal Injury Claim: What If The Victim Dies Before Bringing A Lawsuit?

If a person is injured and later dies as a result of a car wreck or other type of accident, then the nature of the claim is changed.  In such a situation, there are two types of claims.  The person’s family members may bring a wrongful death lawsuit to seek a recovery for the damages that they suffered.  The personal representative of the deceased’s estate may also bring a survival claim on behalf of the deceased.  The survival claim covers the pain and mental anguish that the deceased endured from the time of accident until the death, the cost of medical expenses, and the funeral expenses.

For more information on wrongful death and survival claims, click here.  You can also do a search in the search box for wrongful death and/or survival and it lead you to even more information.

If you have specific questions about a potential wrongful death or survival claim, feel free to call our office at (512)476-4944 or submit a case using the online forms.


Schuelke Law maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke

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