Have you recently lost a loved one due to negligence? Contact the Edwards Law Firm today to schedule a free consultation. Our experienced team of McAllen wrongful death lawyers will fight to get the justice you deserve.
Losing a loved one is an incredibly challenging and painful ordeal, especially when their passing is due to someone else's negligence. At The Edwards Law Firm, we deeply empathize with the emotional distress you and your family are enduring, and we are here to offer compassionate support and tirelessly pursue the justice your loved one deserves.
As McAllen wrongful death lawyers, we bring extensive knowledge, experience, and commitment to navigating you through the legal process. Our goal is to help you secure the compensation necessary to move forward. We know that no amount of money can ever bring your loved one back, but our goal is to help you get a sense of closure and justice as well as relieve any financial strain you may be experiencing as ar result of your loss. Reach out to the Edwards Law Firm today for a free consultation to discuss your case.
In Texas, wrongful death is defined under the Texas Civil Practice and Remedies Code, specifically in Chapter 71. According to the law, a wrongful death occurs when the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity causes an individual's death. Here’s a more detailed breakdown of the key elements and aspects of wrongful death in Texas:
A wrongful act, neglect, or default occurs when the death results from another party’s wrongful act, neglect, carelessness, lack of skill, or default. This can include intentional actions like assault, reckless behaviors such as driving under the influence, or negligent acts like failing to repair unsafe property conditions. Causation is also essential, requiring a direct link between the wrongful act or negligence and the death of the individual. It must be proven that the defendant's actions or inactions directly caused the death.
In Texas, the law specifies who can file a wrongful death claim. These parties include:
Generally, a wrongful death lawsuit must be filed within two years of the date of the deceased person’s death. However, certain exceptions may extend this period under specific circumstances.
Family members who file a wrongful death claim in Texas may seek various types of damages. Economic damages encompass the loss of financial support, lost inheritance, and funeral and burial expenses, compensating for the tangible financial impact of the death.
Non-economic damages address the more intangible losses, such as pain and suffering, mental anguish, loss of companionship and consortium, and the loss of care, maintenance, services, support, advice, and counsel the deceased would have provided. Exemplary or punitive damages may be awarded in cases where the defendant's actions were particularly egregious, malicious, or grossly negligent, serving to punish the wrongdoer and deter similar conduct in the future.
This is a related but distinct legal action that the estate of the deceased can bring to recover damages the deceased could have claimed had they survived. This can include medical expenses, pain and suffering, and lost earnings from the time of injury to the time of death.
Understanding these aspects of wrongful death law in Texas can help families navigate the legal process and seek justice and compensation for their loss. If you believe you have a wrongful death claim, consulting with an experienced McAllen wrongful death lawyer can provide guidance tailored to your specific situation.
Wrongful deaths can result from a variety of accidents and incidents where another party's negligence, recklessness, or intentional actions cause someone's death. Here are some common types of accidents that can lead to wrongful death claims:
Each of these types of accidents can form the basis for a wrongful death claim if it can be shown that the death was directly caused by the negligence or wrongful actions of another party. If you believe you have a wrongful death case, consulting with an experienced attorney can help you understand your rights and options.
In McAllen, TX, the Texas Wrongful Death Act allows specific individuals to file a wrongful death claim. Eligible individuals typically include:
If the deceased person has a surviving spouse, they usually have the first right to file a wrongful death claim. If there is no surviving spouse, the children may have the next priority, followed by the parents, siblings, and other dependents in that order.
It is important to note that this hierarchy can vary based on specific circumstances and legal considerations, so it is advisable to consult with an experienced attorney to determine the appropriate course of action in a wrongful death case.
In Texas, siblings of the deceased, whether biological or adopted, do not have the legal right to file a wrongful death claim. However, if none of the eligible family members file a wrongful death claim within three months of the death, the executor or administrator of the deceased person's estate can file the claim unless the family explicitly requests otherwise.
Eligible family members can file a wrongful death claim jointly.
Each eligible family member also has the right to file an individual wrongful death claim, even if other family members choose not to participate.
Eligible family members must file the claim within the statute of limitations and provide evidence that the death was caused by the defendant's wrongful act, neglect, carelessness, or unskillfulness.
Plaintiffs must demonstrate the relationship to the deceased, the causation between the defendant’s actions and the death, and the damages suffered as a result.
Given the complexities of wrongful death claims and the emotional toll on the family, consulting with an experienced McAllen wrongful death lawyer can help navigate the legal process, gather necessary evidence, and advocate effectively for the family's rights and compensation.
In McAllen, Texas, the statute of limitations for filing a wrongful death claim is usually two years from the day of the death. This time frame is mandated by the Texas Civil Practice and Remedies Code and is crucial to observe in order to preserve the right to seek legal recourse. Here are some key points about the statute of limitations for wrongful death claims:
Two-Year Limit: The wrongful death claim must be filed within two years from the date of the deceased individual's death. Failure to file within this period typically results in the case being barred and the loss of the right to seek compensation.
While the two-year statute of limitations is the general rule, there are specific circumstances under which the deadline may be extended or tolled (paused). These exceptions include:
By adhering to the statute of limitations and taking prompt action, you can safeguard your right to seek justice and compensation for the wrongful death of your loved one.
In a wrongful death claim, several types of damages can be recovered to compensate the surviving family members for their losses, depending on the unique circumstances of each case. These damages are categorized into economic, non-economic, and, in some rare cases, exemplary (punitive) damages. Here’s a detailed look at the recoverable damages:
Economic damages are quantifiable financial losses incurred due to the wrongful death. They may include:
Non-economic damages are subjective and compensate for the intangible losses suffered by the surviving family members. These may include:
Exemplary or punitive damages are awarded in cases where the defendant’s conduct was particularly egregious, malicious, or grossly negligent. These damages are intended to:
Given the complexity of wrongful death claims and the need to accurately assess and prove damages, consulting with an experienced wrongful death attorney is crucial. An attorney can help:
By understanding and pursuing the appropriate damages, surviving family members can seek justice and financial support to help them cope with their loss.
In McAllen, Texas, the distribution of proceeds from a wrongful death claim is governed by the Texas Civil Practice and Remedies Code, specifically Chapter 71. This law outlines how compensation awarded in a wrongful death case is distributed among eligible beneficiaries. Here’s how the proceeds are typically distributed:
The following individuals are eligible to receive compensation from a wrongful death claim in Texas:
The surviving spouse of the deceased is the primary beneficiary and typically receives a significant portion of the compensation in a wrongful death claim. Biological and legally adopted children of the deceased also have the right to receive a share of the compensation. If there is no surviving spouse or children, the deceased's parents may be eligible to receive compensation.
If the deceased survives only with a spouse, the entire compensation is generally awarded to the spouse. When both a spouse and children survive the deceased, the compensation is divided, with the spouse typically receiving one-third and the children sharing two-thirds equally. If only children survive, the compensation is divided equally among them. In cases where there is no surviving spouse or children, the compensation may be awarded to the deceased’s parents in equal shares.
If the eligible beneficiaries agree on a distribution plan, they can submit the proposed plan to the court for approval. However, if the beneficiaries are unable to reach an agreement, the court will decide the distribution based on the evidence presented and what is deemed to be in the best interests of those involved.
Compensation for minor children may be placed in a trust or managed by a legal guardian until the child reaches adulthood to ensure their financial needs are met appropriately. In the case of a survival action, where damages are awarded for the deceased’s pain and suffering before death, medical expenses, and related costs, these funds are distributed according to the deceased’s estate plan. If there is no will, distribution follows intestate succession laws.
Navigating the distribution of proceeds from a wrongful death claim can be complex, especially during a time of emotional distress. Consulting with an experienced wrongful death attorney in McAllen is crucial to ensure that the compensation is distributed fairly and in accordance with Texas law. An attorney can provide guidance, assist in negotiating settlements, and represent the interests of the beneficiaries throughout the legal process.
Experiencing the loss of a loved one is deeply heartbreaking, particularly when their death resulted from someone else’s negligent or wrongful actions. While no amount of compensation can undo such profound grief, families who have lost a loved one due to wrongful death may pursue legal recourse on their behalf.
At the Edwards Law Firm, our dedicated McAllen wrongful death lawyers are here to support you during this challenging time. We are committed to advocating fiercely on behalf of your family, seeking justice, and holding accountable those responsible for your loved one’s untimely passing. Trust us to pursue the compensation and closure that you deserve.
We take all wrongful death cases on a contingency fee basis, which means you will never be asked to pay fees upfront. You will only owe legal fees once we are able to secure fair compensation for you. If we do not win your case, you will not owe us for our services.
To schedule a free consultation reach out to The Edwards Law Firm at 361-320-6752. We have helped numerous families and we can help yours, too.
