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Tex. Civ. Prac. & Rem. Code § 71.021

SURVIVAL OF CAUSE OF ACTION

Applied in 114 court decisions — leading case State Farm Fire & Casualty Co. v. Gandy (1996)

Most recently applied in In re in the Estate (February 2018)

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

How often courts cite this section

19861990200020102018100
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.