Understanding Damages in a Texas Wrongful Death Case
If someone you love has been killed by the negligence of another person, you may have the right to bring a wrongful death claim against them. These claims can be very difficult and complicated, however, so contact a wrongful death law firm in McAllen, TX as soon as possible to find out more.
Damages Related to Your Loved One
The first category of damages is specifically related to your loved one. These include all medical expenses they may have incurred prior to their death and compensation for the pain and suffering they went through. You can also claim compensation for the funeral expenses required to bury or otherwise care for them after their death.
Who Can File a Wrongful Death Lawsuit in Texas?
If someone you love has died because of the negligence or wrongful act of another person, you may be able to file a wrongful death lawsuit. Texas law only allows certain people to file these lawsuits, so if you’re unsure, contact a wrongful death lawyer in McAllen, TX as soon as possible for specific help with your situation.
From a Wrongful Death Lawyer in McAllen, TX: Who Can File?
The laws surrounding wrongful death civil suits can be found in the Texas Civil Practice and Remedies Code, chapter 71. According to these laws, a wrongful death lawsuit must be filed within two years of a person’s death and can only be brought by a spouse, the children, or the parents of the deceased. Specifically, grandparents and siblings are not eligible, even if they were dependent upon the deceased. If none of these relatives are interested in bringing a lawsuit, or if they are unable to do so, the person representing the deceased estate can choose to bring a lawsuit, so long as the family does not object.
The two-year time limit, referred to as a statute of limitations, can occasionally be extended in some cases, but this is fairly rare. Usually, you would only have more time to file if it wasn’t immediately apparent why the person died or if the responsible party deliberately attempted to hide their negligence. Always talk to a lawyer to find out how your situation is likely to play out.
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.
How to Prove Fault in a Texas Car Accident Case
If you have been in a car accident here in Texas, you may already know that the person at fault is responsible to pay the damages of the other party. By talking to a McAllen, TX accident lawyer, you can find out exactly what you need to prove fault in your case.
Show “Duty of Care” and a Failure
The “duty of care” is a legal term referring to the requirement of a person in any particular situation to behave as any reasonable person would to avoid harming others. On the roads, this basically translates to obeying all traffic laws, driving safely in general, not driving when overly tired or impaired, and, nowadays, also avoiding texting and other distractions. The other driver is also required to keep their vehicle in reasonable repair. If the other driver was speeding, texting, or anything mentioned above, they may have failed their duty of care.
Sometimes accidents happen. No matter how careful a driver you are, you can’t always account for the weather, the condition of the road, or the behavior of other drivers. At the Almaraz Law Firm in McAllen TX, we know that forewarned is forearmed, so read on to find out what a car accident attorney wants you to know about this aspect of Texas law.
1. Texas Is a “Fault” State
In some states, the law is that in a collision between two insured drivers, the damage taken by each driver is paid for by their own insurance companies. However, this is not the case in Texas. Texas operates on a tort liability system, meaning that the person found to be at fault for the accident is responsible for all damages resulting from the crash.
Sometimes, dealing with what comes after a car accident can actually be more stressful than the accident itself. Insurance companies are businesses, and if they pay out too many claims, they don’t make money. This means that your goals and theirs are fundamentally at odds with one another, and you need the help of a McAllen, TX auto accident lawyer to ensure you are treated fairly as you deal with an insurance company after a car accident.
1. Gather Evidence and Make Copies
You will need plenty of evidence to show exactly what happened in your accident. If it’s safe to do so, spend some time taking pictures of everything and talking to any witnesses. Get everyone’s contact information, note if there are any dash cams or traffic cameras in the area, and be sure to find out the name and badge number of the police officer who investigates the crash. Make copies of all your evidence so that, whatever you send to the insurance company, you have a back-up in case something gets lost.
Have you been in an accident in McAllen, TX are? Follow these key steps and contact a car accident lawyer as soon as possible.
1. Get Immediate Medical Attention
Even if you believe your injuries are minor, get checked by a healthcare professional. Some injuries can’t be seen or felt right away, but they can still have serious long-term consequences. Even if you think you’re not hurt and the accident was minor, go to urgent care or the ER once you’ve sorted things out at the scene. It should go without saying that if you or anyone else has a serious injury, you should immediately call 911.
Personal injury lawsuits are notoriously complex, and they also have a relatively tight statute of limitation (for most cases). Seeking the help of a qualified professional is vital to ensuring that a personal injury lawsuit is presented correctly and with the best chance of success. If you are looking for “personal injury lawyers near me” in McAllen, TX, we can help you navigate a personal injury claim.
Statute of Limitations for Personal Injury Lawsuits in Texas
You do not have an indefinite amount of time to file a lawsuit after you have been injured. In the vast majority of cases, under Texas law, you have a two-year deadline after the injury occurred for you to file your lawsuit. If you miss this deadline, you will not be able to pursue the claim.
The Role of a Lawyer in Your Personal Injury Case
When you’ve suffered injuries in Texas due to someone else’s negligence, the road to recovery can be long and tough, and a lot of the difficulty lies in understanding how to effectively bring a personal injury case. The professionals at a personal injury law firm in McAllen, TX have the experience you need.
Uncovering All the Facts
Right from the outset, a Texas personal injury lawyer will launch a thorough investigation into the accident that caused your injuries. They will seek out and analyze a variety of evidence, such as police reports that may contain critical details about the incident, witness accounts, and assessments of who was at fault. Medical records will be reviewed to document both the physical injuries you sustained and the lasting impact they have on your life.
Your lawyer might also use photographs and videos from the scene of the accident or security footage to reconstruct events and illustrate the circumstances you faced. Additionally, they may track down witnesses and secure their testimony to bolster your case. Importantly, since Texas operates on a comparative fault system (meaning that if you are found partially responsible for the accident, your compensation could be reduced), your attorney will work diligently to prove the other party’s primary liability and minimize any attempt to shift blame onto you.
Understanding Texas Law on Personal Injury
When an accident happens and you are injured through no fault of your own, the experience can be life-altering. Beyond the physical and emotional pain, you may rightly be worried about financial burdens from medical bills, lost income, and other expenses. Fortunately, Texas personal injury law does allow you to recover compensation. Your McAllen, TX personal injury attorney can tell you more about Texas law will apply specifically in your case.
What Counts as a “Personal Injury?”
A personal injury, in legal terms, occurs when you suffer harm due to the negligence or intentional wrongdoing of another person or entity.
For example, car accidents caused by distracted driving can lead to personal injuries. Injuries sustained on unsafe premises due to wet floors, poor lighting, or other hazards, could qualify. Other scenarios that might warrant a personal injury claim include harm caused by a healthcare provider’s errors or omissions, attacks by dangerous animals owned by another person, and injuries caused by malfunctioning or poorly designed products.
Proving Negligence
The foundation of personal injury lawsuits is negligence: i.e., who is responsible? To successfully establish a case, you must be able to demonstrate several key elements. Firstly, you need to prove that the at-fault party owed you a legal duty of care, meaning they had a responsibility to act in a way that would not foreseeably cause you harm. For example, all drivers on the road must operate their vehicles in a reasonably safe manner to avoid putting others in danger and doctors must follow the established standard of medical care when rendering treatment.
Secondly, you’ll need to show that the at-fault party breached this duty of care. This occurs when their actions (or lack thereof) fall below the accepted standard of reasonable behavior. This could look like a driver choosing to text while driving or a property owner failing to fix a known safety hazard. You must then demonstrate that the at-fault party’s breach of duty was the direct cause of your injuries and that you suffered actual damages. These damages can include economic losses like medical expenses and property damage. You may also be able to claim non-economic damages for the pain and suffering, emotional distress, or other intangible consequences.
Insurance Claims and Lawsuits
Most personal injury cases involve dealing with the insurance company providing coverage to the at-fault party. Insurance adjusters are skilled in minimizing their claim payouts, and it’s not in their interest to offer the maximum compensation you deserve. Always work with a lawyer who can negotiate on your behalf. The good news is that most claims are resolved in this negotiation stage.
If attempts to reach a fair settlement with the at-fault party or their insurance company fail, however, your case may proceed to trial. During this formal process before a judge or jury, both sides will present their arguments and evidence. Your attorney will advocate on your behalf to prove the other party’s negligence and secure the maximum compensation for the damages you’ve suffered.
Finding the Right Legal Representation
If you have suffered a significant injury due to someone else’s negligence, it’s very important to talk with an experienced personal injury lawyer in Texas. Don’t try to get through this difficult time on your own. Contact the Almaraz Law Firm today. We represent injured people throughout Texas, with offices in Midland, Houston, Laredo, San Antonio, and McAllen, TX.
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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*
