Serving Residents Throughout Hidalgo County and all of Texas.
Our experienced wrongful death attorneys at the Law Firm of Ricardo A. Garcia will fight to protect your rights and earn your family maximum compensation during this difficult time.

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Nothing compares to the grief of losing a loved one, especially in an accident that could have been avoided. Grieving the loss of a loved one is not an easy thing to deal with and understandably, takes time to process. You may be suddenly swamped by medical bills, funeral expenses, and lost wages. While it is unfortunate that you have to go through this, with the help of our McAllen wrongful death attorneys, we can get compensation for your losses and damages. We know that the grief is probably too much to handle already, so we will take over all of the legal factors of your case. After reading further, please do not hesitate to call our office to set up a free consultation.

Wrongful death is an umbrella term that covers a lot of different types of accidents. For a claim to be considered wrongful death, there must be negligence that lead to the injury/fatality. These incidents are also classified as accidental or else they would be criminal, not civil cases. Some of the most common types of wrongful death claims include a fatality as a result of:

  • Auto accidents
  • Slip and falls
  • Construction accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Medical malpractice
  • Boating accidents
  • Nursing home abuse
  • Workplace injury
  • Drowning

Each case is a little bit unique, and when hiring an attorney, you want to take into consideration their experience with your particular claim. If you lost someone due to an auto accident, you should try to find an attorney who has successfully handled a wrongful death claim involving an auto accident before. Who you choose for your case has a huge impact on your potential compensation award.

How Does Texas Wrongful Death Compensation Work?

Wrongful death compensation is a slightly complicated thing. There are two means to getting compensation with this type of claim. The first way to get compensation is through wrongful death damages. You will be given the amount of money that your loved one would have provided for you, considering their earning capacity and the amount of financial set back you will have to face, any medical bills you had to pay if they had injuries that were treated for before they passed, and it will also cover the funeral costs. The wrongful death damages are easier to calculate because there is a money dollar attached to all of these expenses. The second type of damage is harder to collect for because it involves the pain and suffering that your loved one had to suffer through as well as the loss you have had to endure because of someone else’s negligence. These damages are harder to put a dollar amount behind because they are not tangible damages. These compensatory awards are going to be decided upon once the case is better understood by all parties.

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

The best way to make sure that you are going to have the best chance at a successful case is to hire a competent and experienced personal injury attorney right away. There is a time limit given after someone passes in which you are to bring your claim or settle it in civil court. This is called the statute of limitations. In Texas, you are given two years from the date of the accident or the passing of your loved one to bring or settle your claim. If you miss your deadline, you will no longer be eligible for a wrongful death claim. These cases take time. It takes time to determine who specifically will be allowed to bring the claim, and it takes time to build a strong claim.

Frequently Asked Questions in Wrongful Death Claims

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

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.

Who can file a wrongful death lawsuit?

In the state of Texas, the only people that can file a claim based on a wrongful death are the spouse, children, or parents of the deceased. It can get complicated and it can get tricky. We recommend that if this has happened to you or a loved one, please contact us if you have any questions.

What damages can be recovered in a wrongful death claim?

Under Texas law, there are several things that they can ask for. One of the things is the amount of pain and suffering that their loved ones suffered as a result of the accident. Another item they would be able to seek recovery for is lost wages: how much money was the person earning, and how much over the future would they have earned, including loss of inheritance? The family would also be entitled to seek mental anguish damages for the amount of suffering that they had to endure as a result of the death of their loved one. If you have any questions, we are here to help you.

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?

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.

How much is a wrongful death claim worth?

If you have lost a loved one recently because of negligence, we are truly sorry for your loss. When determining the value of a wrongful death case, there are several things we need to look at. First, we need to look at how and why did the accident happen. In a case we recently had, a family member was hit by an 18-wheeler. We needed to look at the applicable regulations that apply to an 18-wheeler. Were those regulations violated in any way, either by the trucking company or by the driver? We also had to examine what time of day the accident happened. What are the specific factors as far as how the accident happened? One of the other things that we’re going to look at is the wage rate that the deceased was earning. In this particular situation, it was a pharmacist who was a high-wage earner. This is just one of the various factors.

One of the most important factors is the type of relationship that the deceased had with their family. How close were they? For example, in this particular case, the father had a very close bond with his family. The jury is going to look at the impact of loss of companionship? What is the loss of support? What is the loss of guidance they had? What was the loss of the inheritance? All of this gets grouped together to determine the value of the case. The last thing we’re going to look at is the amount of insurance that was involved. All of this depends on the nature of the accident and the different parties involved. The amount of insurance is going to vary depending on how this type of accident happened. If you have any questions or concerns, please contact us. We are here to help you.

Contact Our McAllen Wrongful Death Attorneys for a Free Consultation

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.

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