If your loved one has been prematurely taken from you because of the negligence of someone else, you may be able to bring a wrongful death claim. Talk to a wrongful death lawyer in McAllen, TX as soon as possible to find out whether it’s likely your situation qualifies as a wrongful death.

In some cases, you may be very clear about who is responsible for your loved one’s death and that it was due to negligence. For example, if you have a family member who died in a car accident caused by a drunk driver, that’s clearly a situation where someone’s negligence caused your loved one’s death, and you should contact a lawyer to get started on a claim.Other situations may not be quite so clear. If your family member was under the treatment of a doctor and died, for example, it will take very specific and clear evidence to prove that there was malpractice and that the death was not to be expected or simply a tragic accident. In a case like this, it’s still a good idea to schedule a free initial consultation with an experienced wrongful death attorney who can evaluate your case and help you dig down to the details to find out what really happened.

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Do you suspect you may have a wrongful death claim? A lawyer in McAllen, TX, explains some of what you might need to know.

Wrongful Death: The Legal Definition

Texas law defines wrongful death as when a person dies due to the negligence, recklessness, or intentional act of someone else. The key element is that the death could have been prevented if the responsible person had acted differently.

The most common foundation of wrongful death suits is negligence: failing to act in a way that a reasonable person would under similar circumstances. Claims related to traffic accidents, medical malpractice, dangerous working conditions, product defects all are based on negligence.

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For anyone contemplating filing a wrongful death lawsuit, here is a brief explanation by a team of wrongful death attorneys in McAllen, TX of the legal process involved.

Who Can File a Wrongful Death Lawsuit in Texas?

According to Texas law, immediate family members may file a wrongful death lawsuit. If several members of the immediate family wish to file, they may file a joint lawsuit. Immediate family members would be the surviving spouse, the children, or the parents of the deceased.

In some cases, the executor of an estate may file on behalf of the family, if they do not file within the deadline. Extended family members are not permitted to file a wrongful death lawsuit in Texas.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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