In Texas, filing a wrongful death claim can help families seek compensation and justice for their loss. A wrongful death attorney in McAllen, TX, shares four important things you need to know if you’re considering a wrongful death claim in Texas.
Filing a Wrongful Death Claim in Texas: A Wrongful Death Attorney in McAllen, TX, Shares 4 Key Things to Know
Who Can File a Wrongful Death Claim?
According to Texas law, only certain family members are eligible to pursue compensation for their loss. A spouse, child (including adopted children), or parent of the deceased can bring a claim, but siblings, grandparents, and more distant relatives may not. In some instances, the executor or personal representative of the deceased’s estate may also file on behalf of the estate if the immediate family does not take action within three months of the death.
What Damages Can Be Recovered?
When you file a wrongful death claim in Texas, the goal is to recover damages for the loss of your loved one. The damages you can seek generally fall into two categories: economic and non-economic. In rare cases, there may be a third category: punitive damages.
Economic damages include tangible losses such as funeral expenses, medical bills, and the financial support the deceased would have provided had they lived. Non-economic damages focus on the emotional and psychological toll of the loss, such as pain and suffering, mental anguish, and loss of companionship. Texas courts may award punitive damages, though it is rare. Punitive damages are meant to punish the responsible party for particularly reckless or intentional conduct.
What Is the Statute of Limitations?
A major factor to be aware of when filing a wrongful death claim in Texas is the statute of limitations. This refers to the time limit you have to file a lawsuit. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of death.
However, there are exceptions. For instance, if the death was caused by a crime like murder, the statute of limitations may be extended. Additionally, the clock may be paused if the responsible party deliberately concealed their involvement in the wrongful death. It’s important to consult with a lawyer to determine if any exceptions apply to your situation.
The Importance of Proving Negligence
The success of a wrongful death claim depends on proving that the death was caused by another party’s negligence or wrongful actions. This requires showing that the defendant had a duty to act responsibly, they breached that duty, their actions directly caused the death, and the family suffered damages as a result.
Proving these elements means gathering clear evidence, such as medical records, witness statements, and expert testimony. An experienced attorney can help you gather the necessary evidence and build a strong case.
If you have lost a loved one due to another party’s negligence, contact the Almaraz Law Firm in McAllen, TX, to discuss your legal options.
Connect with us
Almaraz Law Firm
212 W. Nolana Ave. McAllen, TX 78504,
8422 Fountain Circle, San Antonio, TX 78229
701B W. Indiana Ste. 20, Midland, Texas 79701
Hours: Monday-Friday 9:00am - 4:30pm
*Midland, Texas available by appt only*
