Relating to the authority of certain persons to bring a survival action.
Impact
The amendment proposed by HB3416 could significantly impact the way survival actions are filed in Texas. By explicitly stating that heirs can bring forth actions in the absence of a legal representative, the bill may ultimately enable quicker and more efficient pursuit of justice and compensation for injured parties who are no longer capable of advocating for themselves. This could help reduce delays and complications that arise when determining who has the authority to act on behalf of an injured party's estate.
Summary
House Bill 3416 amends the Civil Practice and Remedies Code of Texas to clarify the authority of certain individuals to bring a survival action after the death of an injured person. The bill specifically allows for a legal representative of the deceased's estate to file such an action, and in the absence of such a representative, it permits one or more heirs to do so for the benefit of all heirs and the estate. This change is aimed at providing clarity on who can pursue these legal actions, which can be critical in cases of wrongful death or serious injury where the injured party is no longer able to bring their own claims.
Contention
While the bill appears to streamline the process for bringing survival actions, it may also raise questions about the representation and rights of heirs in such cases. Concerns could arise regarding the potential for disputes among heirs about who should represent the estate and how to allocate any awards from a successful action. Additionally, there may be apprehensions about the implications for estate management and the intersection with existing probate laws, as the bill could inadvertently complicate matters for families dealing with the bereavement process and estate administration.
Relating to exemption of certain civil actions from being subject to a motion to dismiss on the basis of involving the exercise of certain constitutional rights.