McAllen Wrongful Death Attorney
Losing a loved one is one of life’s most painful experiences. The grief may feel even more intense if someone else’s wrongful actions caused his or her death. While no amount of compensation could remedy these losses, families of wrongful death victims may be eligible to file a lawsuit on his or her behalf.
In these situations, trust the McAllen wrongful death attorney at De La Garza Law Firm to represent your claim. Our firm will work tirelessly to hold the at-fault party accountable for your loved one’s passing and to secure the compensation you and your family deserve.
Why Choose Us
- We provide a direct line of communication to our clients. Our attorney will handle your case from start to finish and will always be available to answer your questions.
- Our firm operates on a contingency fee basis. If we do not secure compensation on your loved one’s behalf, you will not owe legal fees.
- Our attorney is a tough negotiator who will advocate aggressively for your family’s maximum compensation. We will not hesitate to bring your case to trial if necessary.
What Is a Wrongful Death Claim?
According to Texas Statutes section 71.001, a wrongful death is one that occurs due to the wrongful act, neglect, unskillfulness, carelessness, or default of another party. Individuals, government agencies, manufacturers, and corporate entities are often the liable parties in wrongful death claims.
If you are unsure whether your loved one’s case qualifies for a wrongful death claim, ask yourself if he or she could have filed a personal injury claim if he or she had survived. If the answer is yes, your family likely has grounds for a claim.
Who Can File a Wrongful Death Claim in Texas?
In Texas, only certain parties may file a claim on behalf of a deceased person. The surviving spouse, children, and parents of the deceased all have the right to file a wrongful death lawsuit. If these parties do not file the claim within three months of the deceased’s passing, the personal representative of the deceased’s estate may bring the claim, unless the family prohibits it. Siblings are not allowed to file a wrongful death lawsuit under Texas law. Discuss the loss of a loved one with a McAllen wrongful death lawyer to determine if you are able to file a claim.
Damages You Can Recover in a Wrongful Death Lawsuit
The purpose of a wrongful death claim is to compensate the deceased’s family and estate for the losses related to his or her passing. The family can recover compensation for the economic damages, or financial losses, as well as the pain and suffering they sustained due to the death.
Common damages in wrongful death claims include the following.
- Lost earning capacity
- Lost inheritance
- Loss of love, comfort, society, and companionship
- Mental anguish and emotional distress
- Loss of care, services, support, advice, counsel, or maintenance
Time Limit to File a Wrongful Death Claim
Like most civil lawsuits, wrongful death claims are subject to a rule known as the statute of limitations. This law places a time limit on how long a family member may file a wrongful death claim; if the family fails to file by the time this deadline passes, the court will likely dismiss the claim. As a result, the family cannot collect compensation for their loved one.
In Texas, you have two years from the date of your loved one’s passing to file your claim. While there are exceptions to this rule, they are not common in wrongful death claims. Speak to a McAllen wrongful death attorney at De La Garza Law Firm to determine your filing deadline.
Contact a McAllen Wrongful Death Lawyer
If you lost a loved one due to another person’s wrongful actions, your family deserves justice. At De La Garza Law Firm, we represent families in their claims against negligent parties, helping them secure the compensation they need to heal. Contact us today to schedule a free consultation with our wrongful death attorney and discuss your legal options.