Arlington, TX asked in Wrongful Death for Texas

Q: My dad had filed a personal injury lawsuit but then died due to the injuries he sustained from the same accident.

Can I file a wrongful death claim on his behalf or is the personal injury suit now moot?

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2 Lawyer Answers
Ronald A. Ramos
Ronald A. Ramos
  • San Antonio, TX
  • Licensed in Texas

A: I'm sorry to hear about your loss. To address your question, claims are often brought on behalf of family members who have passed on. Texas law allows an estate, legal representative, or any heirs to bring a "survival action", or a lawsuit that would have been brought had the person lived.

If your dad had already filed a lawsuit through an attorney, you should not hesitate speak to the attorney about representing you/your family in the lawsuit.

I hope this helps. All the best to you and yours.

Peter N. Munsing
Peter N. Munsing

A: If you have an attorney follow up with them. If not, contact a member of the Texas Trial Laweyrs Assn--they give free consults.

Note: there may be death benefits under his auto policy. If he owed money on a time payment--mortgage etc--there may be mortgage life insurance or similar.

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