McAllen Wrongful Death Attorneys

Losing a loved one is an incredibly painful experience. And it can be even more devastating when their death was preventable—caused by someone else’s negligence or wrongdoing. Families grappling with this type of loss may have grounds to pursue a wrongful death claim.

Wrongful death claims can come from a wide variety of situations. They may stem from vehicle accidents, workplace injuries, medical malpractice, defective products, or even criminal activities. Understanding your legal rights and the steps you should take after a loved one has been killed can give you some relief and make sure justice is served.

What is a Wrongful Death Claim in Texas?

A wrongful death claim is a type of lawsuit filed by the surviving family members of a deceased person—someone whose death was caused by another party’s negligence or wrongful act. The plaintiffs must prove the defendant was negligent, which requires them to show the defendant’s actions directly led to their loved one’s death. Common accidents that may result in a wrongful death claim include:

Vehicle Accidents

Car wrecks, truck accidents, and motorcycle injuries often result in fatalities. This is especially true when they involve negligent actions like reckless driving, driving under the influence of drugs or alcohol (DUI), or distracted driving.

Workplace Injuries

Fatal workplace injuries can occur in hazardous industries like construction, manufacturing, and oil and gas. Employers can be held liable for a worker’s death if they don’t provide a safe working environment.

Medical Malpractice

Healthcare providers can be held accountable for wrongful deaths resulting from misdiagnosis, surgical errors, medication mistakes, or other forms of medical negligence. In Texas, medical malpractice lawsuits follow a somewhat different path than other types of wrongful death lawsuits. 

Defective Products

Manufacturers and distributors of consumer products can be liable for any wrongful deaths caused by defective or dangerous products.

Criminal Activity

Criminal acts, including assault, robbery, or any intentional harm, can cause injury or even death. When these acts lead to another person’s death, those responsible can face civil liability and criminal charges.

Criminal Negligence

When a person’s reckless disregard for safety results in another person’s death, it becomes criminal negligence. This can include situations like DUI or negligent firearm handling.

Who Can File a Wrongful Death Lawsuit in McAllen?

In Texas, the right to file a wrongful death claim is governed by state law. According to 

the Texas Civil Practice and Remedies Code, Section 71.004, the following individuals can file a wrongful death lawsuit:

• The deceased person’s spouse
• The deceased person’s children (including adult children)
• The deceased person’s parents

If none of these individuals file a claim within three months of the death, the executor or administrator of the deceased person’s estate may file the claim unless all the individuals mentioned above request that no wrongful death claim be filed.

What Damages Can I Recover in a McAllen Wrongful Death Lawsuit?

A wrongful death lawsuit is designed to c

ompensate the surviving family members for the financial and emotional losses they have suffered because of their loved one’s death. Recoverable damages may include:

Loss of Companionship

Compensation for the emotional pain and loss of the deceased person’s companionship and support.

Funeral Expenses

Reimbursement for the costs associated with the deceased’s funeral and burial.

Loss of Earning Capacity

Compensation for the loss of the deceased person’s income and financial support they would have provided to their family for years to come.

Mental Anguish

Damages for the mental and emotional suffering the surviving family members have endured.

Medical Expenses

Compensation for any medical costs incurred before the deceased person’s death due to the injury or illness caused by the defendant’s negligence.

What is a Survival Action in South Texas?

While a wrongful death claim compensates the family for their losses, a survival action is intended to compensate the deceased person’s estate for the pain and suffering the deceased person endured before their death. This type of claim can include damages for:

• Medical expenses incurred before death
• Lost wages from the time of injury to the time of death
• Pain and suffering the deceased endured

Survival actions and wrongful death claims are often filed together to ensure that both the estate and the surviving family members are compensated.

How Long Do I Have to File a Wrongful Death Claim?

In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the death. But there are exceptions that can extend or shorten this time frame, so it’s important to consult with an experienced wrongful death attorney as soon as possible. You need to act promptly not just to comply with legal deadlines, but also to allow enough time to thoroughly investigate and prepare your case. 

How do I hold the negligent party responsible after a wrongful death?

There are several things that need to be done after you have lost a loved one to bring forward a wrongful death claim. The first thing is to hire a lawyer experienced in handling wrongful death cases. In a wrongful death case, there may need to be evidence preserved. This can be done through a lawyer to make sure that the area where the accident happened gets examined. If there’s any video of where the accident happened, that video also needs to be preserved. These are things that an experienced lawyer can do for you.

Depending on how the accident happened, there may need to be an autopsy. The lawyer can help guide you through this process. The lawyer can also send preservation letters so the companies that are involved do not destroy the evidence. By hiring an experienced lawyer, this can all be taken care of. If you have any questions, we are here to help.

Frequently Asked Questions in Wrongful Death Claims

What Types of Compensation Can I Recover in a Wrongful Death Lawsuit?

In a wrongful death claim, you can recover damages for loss of companionship, funeral expenses, loss of earning capacity, mental anguish, and medical expenses incurred before the death.

How Long Do I Have to File a Wrongful Death Claim in Texas?

In Texas, the statute of limitations for filing a wrongful death claim is two years from the date of death. It’s important to act quickly to preserve your legal rights.

How Do I Hold the Negligent Party Responsible After a Wrongful Death?

To hold the negligent party responsible, you must prove that their actions directly caused your loved one’s death. An experienced wrongful death lawyer can help. Your attorney will gather evidence, build a strong case, and represent you in court.

Who Can File a Wrongful Death Lawsuit?

In Texas, the deceased person’s spouse, children, and parents have the right to file a wrongful death lawsuit. If they do not file within three months, the executor or administrator of the deceased’s estate can file the claim.

What Damages Can Be Recovered in a Wrongful Death Claim?

Recoverable damages include loss of companionship, funeral expenses, loss of earning capacity, mental anguish, and medical expenses incurred before the death.

How Much is a Wrongful Death Claim Worth?

The value of a wrongful death claim depends on various factors. These include the circumstances of the death, the financial impact on the surviving family, and the emotional toll the death had on loved ones. An attorney can help estimate the potential damages that may be available in your specific situation.

How Long Will a Wrongful Death Case Take?

The timeline of a wrongful death case varies depending on several factors. These include the complexity of the case, whether the parties are willing to settle, and how busy the court’s schedule is. Some cases may settle quickly, while others can take months or even years to resolve.

Is it a Good Idea to Talk to the Insurance Company About My Wrongful Death Claim?

It’s a good idea to consult an attorney before you talk to the insurance company. Insurance companies have a vested interest in minimizing the amount they pay you for your loss. Being represented by a lawyer will help ensure your rights are protected.

How much is a wrongful death claim worth?

You may be wondering how one determines the value of a wrongful death claim. These claims are among the most serious in the state of Texas — or anywhere, for that matter. As with all the claims we handle, we are diligent in accurately establishing each wrongful death claim’s value as we fight to bring compensation to the loved ones of the decedent. We look at what happened, including the conduct of the responsible parties that led to the death. We also must examine the role of the person who died regarding the support of others. How will the loss of their income impact the family? How will family members lose physical, intellectual, and emotional support? In addition to the wrongful death claim, survivorship claims may also be made, which relate to compensation for the suffering of the person who died. The many facets of wrongful death and survivorship claims make it crucial to have the help of an experienced attorney. Make sure you retain a lawyer with the skill and knowledge to accurately assess your claim’s value, protect that value as they advocate for compensation, and if necessary, win your claim in court.

How long will a wrongful death case take?

In the state of Texas, to resolve a wrongful death case there are several factors that have to be looked into. Typically, a wrongful death case involves a violation of several safety rules that led to the accident. In order to hold a company liable for violating those safety rules, we have to look at each regulation and determine how and why they were violated. In estimation, two to three years at least is needed to resolve a wrongful death case. There are occasions where a company will admit that they did something wrong and pay. However, these are few and far between. Otherwise, you’re in for a long fight. If you have questions regarding the time period it would take to resolve such a case, please feel free to contact us.

Is it a good idea to talk to the insurance company about my wrongful death claim?

You may be wondering whether it’s a good idea to talk to the insurance company if they call following a wrongful death claim. The answer is no, speaking to the insurance company yourself is not the best way to go. The best way to protect your claim’s value is to retain a wrongful death lawyer and ask them to on your behalf. It’s best to allow your lawyer to conduct an accident investigation and handle all insurance communications.

Contact Our McAllen Wrongful Death Attorneys for a Free Consultation

Losing a loved one because of someone else’s negligence is a heartbreaking experience. Contacting an experienced wrongful death attorney can help you and your loved ones seek justice and get the compensation you deserve.

We understand how difficult this time must be for you and your family and we want to help. We can take the weight of a wrongful death case off of your shoulders and help you get the best possible result from the liable party’s insurance company. When you hire us to be your McAllen wrongful death attorneys, you will have us to safeguard you through every step of the process.

Please call our office today to set up a free consultation where we will go over the details of your claim and inform you on your legal options. Again, we are deeply sorry for your loss and we are eager to help you get the best possible result from your wrongful death case.