“Law Notes: Wrongful death, survival actions” article by Ronald Rodriguez

Law Notes: Wrongful death, survival actions

By Ronald Rodriguez, Laredo Morning Times – Sunday, May 26, 2002

1. Background

Under the common law, the death of a human being could not be complained of as an injury. However, if the injury did not result in death, an action could be brought by the person injured by the wrongful conduct of another.

The inability to recover for wrongful death was widely recognized as unjust because the most serious injuries resulted in no recovery.

Texas law now recognizes causes of action for wrongful death and survival actions to address this problem.

2. Wrongful Death Actions

Wrongful death actions are a type of lawsuit brought on behalf of the beneficiaries that alleges that the death was caused by the wrongful act or negligence of another.

In Texas, wrongful death actions may be brought for the benefit of the decedent’s spouse, children, and parents.

A personal representative of the estate may also bring the action if the beneficiaries do not file within a specified time.

These claims arise when a person’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity.

3. Survival Actions

Survival actions, on the other hand, allow recovery for the injuries suffered by the deceased prior to death.

The cause of action “survives” the person and may be enforced by or against the estate.

In Texas, survival actions allow recovery for damages such as:

• medical expenses
• pain and suffering
• other losses sustained before death

Key Distinction

Wrongful death actions compensate the beneficiaries for their losses resulting from the death.

Survival actions compensate the estate for the injuries the deceased person suffered before death.

Purpose of These Laws

Wrongful death and survival statutes were created to:

• provide compensation for families
• hold wrongdoers accountable
• ensure that serious injuries resulting in death do not go without remedy

Final Note

For questions involving wrongful death or survival actions, you should consult a trial lawyer immediately for advice on your specific facts and circumstances.

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About the Author: Ronald Rodriguez

Ronald Rodriguez is a nationally recognized Texas personal injury trial and appellate attorney, legal educator, and author whose career has been defined by major verdicts, appellate victories, and a strong commitment to justice.

Mr. Rodriguez is Board Certified in Personal Injury Trial Law and Civil Appellate Law by the Texas Board of Legal Specialization. This rare dual certification sets him apart. It allows him to not only build powerful cases at trial, but also protect and sustain those results on appeal.

He is also an adjunct professor at the University of Texas School of Law, where he teaches Texas Personal Injury Trial Law. This is the first class of its kind, and his textbook, the Texas Personal Injury Trial Law Handbook, serves as the foundation for the course. His role in teaching future attorneys reflects a deep level of knowledge and leadership in the field.

Mr. Rodriguez is the founder and managing attorney of Texas Personal Injury Experts, PLLC, a leading personal injury law firm with offices in Austin and Laredo. The firm represents individuals and families in high-stakes cases involving catastrophic injuries, wrongful death, and complex litigation.

A Proven Record of Results

Throughout his career, Mr. Rodriguez has secured numerous multimillion dollar verdicts and has been involved in some of the most significant cases in Texas.

His results include:

A $281 million jury verdict, one of the largest in Texas

A $47.5 million verdict against a private prison company

Recognition as Trial Lawyer of the Year by the National Public Justice Foundation

Induction into the Texas Lawyer Jury Verdict Hall of Fame

His work has also been featured in major national publications, including The New York Times, The Wall Street Journal, Bloomberg News, Texas Lawyer, and Lawyers USA.

Author of the Texas Personal Injury Trial Law Handbook

Mr. Rodriguez is the author of the Texas Personal Injury Trial Law Handbook, a comprehensive and practice-oriented guide to personal injury litigation in Texas.

The handbook provides a start to finish breakdown of the personal injury process, including:

Case evaluation and early investigation

Medical records and insurance communications

Settlement demands and legal strategy

Discovery and pretrial preparation

Trial presentation and jury charges

Post-trial motions and case resolution

Each chapter includes practical forms and real-world insight, making it a valuable resource for both legal professionals and individuals seeking to better understand their case.

Why His Perspective Matters

What sets Mr. Rodriguez apart is his combined experience in trial law, appellate law, and legal education.

Clients benefit from:

Trial strategies built to withstand appellate review

A deeper understanding of legal procedure and case development

Experience handling high-stakes and complex litigation

Insight shaped by teaching personal injury law at a top law school

This dual perspective allows for a more strategic and comprehensive approach to every case.

Learn From a Lawyer Who Teaches the Law

As a professor at the University of Texas School of Law, Mr. Rodriguez teaches the same concepts he applies in real cases.

This means clients and readers are learning from someone who not only practices law at a high level, but also teaches and refines those principles in an academic setting.

Thinking About Your Next Step

Understanding your rights is the first step. Having the right legal representation can make a meaningful difference in the outcome of your case.

If you or a loved one has been injured in Texas, Texas Personal Injury Experts provides strategic, client-focused representation backed by trial experience and appellate strength.

Call 833-300-0000 for a free case evaluation
No fee unless we win your case