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.
Other Things to Know
Criminal vs. Civil
A civil lawsuit is different from a criminal case. Only the government can bring a criminal case against the person who is responsible for another’s death, and the government will not bring a civil action: that’s up to the family of the deceased.
These two cases can run simultaneously, but if the authorities do decide to bring a criminal case, it can sometimes be worthwhile to wait and see how that plays out. A conviction in criminal court may go a long way towards helping your civil case. The standard required for these two cases will be different, too. In a criminal proceeding, the prosecution must prove beyond any reasonable doubt that the guilty party did what they were accused of doing. In a civil case, the standard is lower. Your attorney can tell you more.
What You Can Recover
If you are eligible to bring a lawsuit, you can recover damages for the loss of financial support from the deceased, the loss of companionship, money to cover medical bills and funeral and burial costs, and pain and suffering damages not only for the survivors but also for what the deceased person suffered prior to their death (if applicable).
The law is always complicated, and you are most likely to have a successful case when you bring one with a qualified family law attorney at your side. If your loved one has been killed by someone else’s negligence, contact us at the Almaraz Law Firm in McAllen, Edinburg, Midland, and San Antonio today for a free consultation on your case.
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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*
