Wrongful Death Blog

SURVIVAL

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 Section 95, Texas Probate Code, for the probate of a foreign will is not required to apply for ancillary letters testamentary under Section 105, Texas Probate Code, to bring and prosecute the action.

Fears | Nachawati Attorneys & Councelors
Dallas: 4925 Greenville Avenue Suite 715, Dallas, TX 75206
Phone: (214)890-0711
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