Survival Statute

Survival Statute

What Do I Have To Prove?

Who Can File A Survival Death Lawsuit?

Survival Statute of Limitations

Types of Survival Damages

Sec. 71.021. SURVIVAL OF CAUSE OF ACTION. (a) A cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death of the injured person or because of the death of a person liable for the injury.

(b) A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person. The action survives against the liable person and the person’s legal representatives.

(c) The suit may be instituted and prosecuted as if the liable person were alive.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 71.022. QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE. If the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter, the foreign personal representative of the estate who has complied with the requirements of Chapter 503, Estates Code, for the probate of a foreign will is not required to apply for ancillary letters testamentary under Section 501.006, Estates Code, to bring and prosecute the action.

Added by Acts 1999, 76th Leg., ch. 382, Sec. 2, eff. May 29, 1999.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.006, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 1, eff. September 1, 2019.

SUBCHAPTER C. DEATH OR INJURY CAUSED BY ACT OR OMISSION OUT OF STATE


Sec. 71.031. ACT OR OMISSION OUT OF STATE. (a) An action for damages for the death or personal injury of a citizen of this state, of the United States, or of a foreign country may be enforced in the courts of this state, although the wrongful act, neglect, or default causing the death or injury takes place in a foreign state or country, if:

(1) a law of the foreign state or country or of this state gives a right to maintain an action for damages for the death or injury;

(2) the action is begun in this state within the time provided by the laws of this state for beginning the action;

(3) for a resident of a foreign state or country, the action is begun in this state within the time provided by the laws of the foreign state or country in which the wrongful act, neglect, or default took place; and

(4) in the case of a citizen of a foreign country, the country has equal treaty rights with the United States on behalf of its citizens.

(b) Except as provided by Subsection (a), all matters pertaining to procedure in the prosecution or maintenance of the action in the courts of this state are governed by the law of this state.

(c) The court shall apply the rules of substantive law that are appropriate under the facts of the case.

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Attorney Reshard AlexanderBig Rig Bull Texas Truck Accident Lawyer represents clients in all Texas counties, including: Harris County, Montgomery County, Fort Bend County, Brazoria County, Galveston County, Chambers County, Liberty County, Jefferson County, Grimes County, and Waller County; and all Texas cities, including: Houston, Aldine, Algoa, Alief, Alvin, Anahuac, Angleton, Atascocita, Bay City, Bayou Vista, Baytown, Bellaire, Brazoria, Brenham, Brookshire, Bryan, Cedar Creek, Waller County, Channelview, China TX, Clear Lake City, Cleveland TX, Clute, Columbus, College Station, Conroe, Crosby, Cypress, Dayton, Deer Park, Dickinson, Eagle Lake, East Bernard, Edna, El Campo, Elmgrove, Flatonia, Freeport, Fresno, Friendswood, Fulshear, Galena Park, Galveston, Ganada, Garden Villas, Hardin, Hempstead, Hillcrest, Hitchcock, Houston, Humble, Huntsville, Inez, Jacinto City, Jamaica Beach, Jersey Village, Katy, Kemah, Kingwood, La Marque, La Porte, La Salle, Lake Jackson, League City, Liberty TX, Liverpool, Livingston, Long Point, Louise, Longpoint, Lufkin, Magnolia, Meadows Place, Missouri City, Montgomery, Morgans Point, Moss Hill, Nacogdoches, Navasota, Nassau Bay, Needville, Pasadena TX, Pasdena, Pearland, Port Bolivar, Porter, Prairie View, Richmond, Rosenberg, Rosharon, San Leon, Seabrook, Schulenburg, Sealy, Shenandoah, Shoreacres, Southside Place, Spring, Spring Branch Stafford, Sugar Land, Sunny Side, Texas City, The Woodlands, Todd Mission, Tomball, Waller, Webster, West Columbia, Wharton, Willis, Winnie, and Woodlands.