The loss of a loved one is an incredibly difficult experience, and it can become even more overwhelming when that death is caused by the negligence or misconduct of another party. In Texas, the law provides avenues for families to seek justice for wrongful deaths.
The Guerra Law Firm PC understands the emotional toll this situation can have on families. Wrongful death claims serve as a legal recourse for families to hold those responsible accountable and pursue compensation for their loss.
Read on to learn more about key aspects of wrongful death claims in McAllen, Texas, and how a qualified attorney can help guide you through this process.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action taken when a person dies due to the negligence, recklessness, or intentional actions of another individual or entity. These claims aim to seek justice for the deceased by holding the responsible party accountable.
The surviving family members of the deceased can file a wrongful death claim, typically seeking compensation for emotional distress, lost wages, medical expenses, funeral costs, and other associated damages.
In Texas, wrongful death claims are governed by specific state laws, which dictate who can file the claim, what types of damages can be pursued, and the statute of limitations for filing such a claim. This area of law is designed to provide families with a means to address the financial and emotional impact of a wrongful death.
Who Can File a Wrongful Death Claim in Texas?
Not everyone can file a wrongful death claim in Texas. The law specifies which family members are eligible to bring the claim. Generally, the following individuals can file a wrongful death suit:
Spouse: A surviving husband or wife may file a wrongful death claim.
Children: Biological children of the deceased, whether adult or minor, have the right to file a wrongful death claim.
Parents: If the deceased had no surviving spouse or children, the deceased’s parents may file the claim.
These individuals must file the claim within three months of the person's death. However, if there are complications, such as disputes about who is entitled to file, it's critical to consult with a wrongful death lawyer who can provide the necessary guidance.
Common Causes of Wrongful Death in Texas
Wrongful death claims can arise from various situations where a person’s death was caused by another’s actions. Some of the most common causes of wrongful death in Texas include:
Motor vehicle accidents: Car crashes, truck accidents, and motorcycle accidents are all potential causes of wrongful death. Reckless driving, drunk driving, and distracted driving are common contributing factors.
Medical malpractice: When healthcare providers fail to meet the standard of care, resulting in a patient’s death, a wrongful death claim may arise. This can include surgical errors, misdiagnosis, or medication mistakes.
Workplace accidents: Accidents on the job, particularly in high-risk industries like construction, oil, and manufacturing, can lead to wrongful death claims. These cases may also involve third-party liability if another party, such as a manufacturer, was at fault.
Premises liability: If a person dies due to unsafe conditions on someone else's property, such as slip and fall accidents, they may have grounds for a wrongful death claim.
Criminal acts: In cases of intentional harm, such as assault or murder, wrongful death claims may be pursued in addition to any criminal charges filed against the perpetrator.
Regardless of the cause, if a loved one’s death was the result of another party's negligence or wrongful actions, pursuing a wrongful death claim may provide a sense of justice and financial recovery for the survivors.
Types of Damages in a Wrongful Death Claim
The damages that can be awarded in a wrongful death claim vary depending on the case's specific circumstances. In Texas, families can seek both economic and non-economic damages, which may include:
Medical expenses: Any medical costs incurred due to the deceased person's injury leading to their death.
Funeral expenses: The cost of burial and other end-of-life expenses.
Lost earnings: Compensation for the income the deceased would have earned had they lived, including the loss of future wages, benefits, and retirement contributions.
Loss of companionship: Emotional distress caused by the loss of a loved one, including the loss of affection, care, and support.
Pain and suffering: This can be awarded for the anguish experienced by the family due to the death of their loved one.
In some cases, punitive damages may also be awarded if the responsible party's actions were particularly egregious or intentional. These damages are designed to punish the wrongdoer and deter future misconduct.
How a Wrongful Death Attorney Can Help
Filing a wrongful death claim is an intricate process that requires legal support. A skilled wrongful death lawyer, such as those at Guerra Law Firm PC, can guide you through the process and make sure your case is handled with care and attention to detail. Here are some ways an attorney can help:
Investigating the Incident
A lawyer will investigate the circumstances surrounding the death, gathering evidence, interviewing witnesses, and consulting experts to establish liability. This investigation is crucial in determining the exact cause of death and identifying all liable parties.
Handling Insurance Companies
Dealing with insurance companies can be challenging, especially when they attempt to minimize payouts or deny liability. A wrongful death attorney will advocate on your behalf and fight for fair compensation.
Filing the Claim
There are strict deadlines for filing wrongful death claims in Texas. A lawyer will make sure that all paperwork is submitted on time and that the claim is filed with the appropriate court.
Representing You in Court
If a settlement can’t be reached, your attorney will represent you in court. They’ll present evidence, argue your case, and work toward securing a favorable verdict.
Providing Emotional Support
While a lawyer can’t replace the loss of a loved one, they can provide support during this difficult time. They’ll handle the legal aspects of the case, allowing you to focus on grieving and healing.
Statute of Limitations for Wrongful Death Claims in Texas
In Texas, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased’s death. If the claim isn’t filed within this time frame, the court will likely dismiss it, and the family will lose their opportunity to pursue compensation.
It’s important to contact a wrongful death attorney as soon as possible to assure timely filing and to preserve evidence for the case.
Coping With the Emotional Impact of Filing a Claim
Filing a wrongful death claim while grieving can be emotionally draining. Families aren’t only mourning but also forced to revisit painful details during the legal process. That emotional toll is a major reason why legal support is so valuable.
Some families find comfort in knowing they’re seeking accountability. Others benefit from counseling or support groups during this time. Legal action may not bring someone back, but it can provide a measure of peace and financial security moving forward.
Get in Touch Today
If you’ve lost a loved one due to the wrongful actions of another, don’t wait to seek justice. Located in McAllen, Texas, Guerra Law Firm PC serves clients throughout Southern Texas. Let the experienced wrongful death attorneys at the firm help you traverse this difficult time and fight for you. Contact them today.
