Edinburg Wrongful Death Lawyer Fighting For Justice For Families of Wrongful Death Victims

It is never easy to lose a close family member unexpectedly. The sudden loss is compounded even more if the individual who passed away was the main financial contributor to the family. The rest of the family quickly finds itself in a financial crisis as they try to assess what they should do next.

However, under Texas law, if the sudden death resulted from a wrongful death case, the family has the right to take legal action to try and recover compensation for their loss.

Suppose you have tragically lost a family due to wrongful death. In that case, you must speak with an experienced wrongful death attorney who can explain your legal rights and determine what options may be available.

The Brasure Law Firm, PLLC of Edinburg, TX, is dedicated to assisting families to fight for the justice they deserve. Contact our law offices immediately if you feel that your loved one has died due to wrongful death. A qualified legal team member will gladly sit down, answer your legal questions, and provide you with a free case evaluation.

What is Considered to Be Wrongful Death in Texas?

Under Texas law, wrongful death occurs when an individual dies due to a wrongful act, neglect, carelessness, unskillfulness, or default. Texas law goes on to stipulate that the family of the wrongful death victim is entitled to try and recover compensation by filing a wrongful death suit.

Some of the most common causes of wrongful death in the Lonestar state include:

• Car accident
• Construction accident
• Defective product
• Fire
• Medical malpractice
• Nursing home abuse
• Workplace accident

Other factors contributing to wrongful death include criminal acts such as driving under the influence of drugs or alcohol, assault and battery, manslaughter, and homicide.

If you have lost your loved one, you must hire an attorney who can file a wrongful death suit on your behalf. Contact our law offices and ask them to schedule an appointment to discuss your case.

Who Can File a Wrongful Death Claim in Texas?

Texas law dictates that immediate family members of the deceased have the right to file a wrongful death lawsuit to recover compensation. Immediate family members include a surviving spouse, the decedent’s children, and parents. However, Texas law does not allow the deceased’s siblings or other family members to file a claim.

It is also critical to understand that Texas law only allows the legal parents or children of the decedent to file a claim. For example, even if an individual raised a child for their entire life, the child does not have the right to file a claim unless they have been legally adopted and are of age.

All qualified family members have up to three months from the date of death to file a wrongful death lawsuit. After this time period has elapsed, only one other person has the legal authority to sue for wrongful death. In most cases, this means the personal or legal representative of the deceased’s estate can file a claim.

If you still have questions about who may legally file a claim, contact Brasure Law Firm, PLLC of Edinburg, TX, to learn more.

What Type of Compensation Can Our Family Obtain in a Wrongful Death Lawsuit?

Wrongful death claims are a matter for the civil court, and families have the right to try and recover economic and non-economic damages, also called compensatory damages, related to their loved one’s death. Additionally, if specific legal criteria are met, the family may be able to recover punitive damages.

Economic damages are awarded to reimburse the family for the out-of-pocket expenses they have paid due to their loved one’s death and may include:

• Reasonable funeral and burial expenses.
• Lost income, future earnings, and retirement benefits.
• Medical expenses incurred by the deceased as a result of their fatal accident.
• Loss of inheritance.

Non-economic damages are based on the circumstances surrounding the decedent’s death. Therefore, every wrongful death settlement will vary. However, some of the most frequently awarded non-economic damages include:

• Physical pain and suffering the decedent endured before their death.
• Emotional distress suffered by the family due to their loved one’s death.
• Loss of companionship, care, and guidance.

Families may also collect punitive damages in a wrongful death claim if they can prove that their loved one died due to willful misconduct or negligence. However, unlike compensatory damages, which are meant to reimburse family members for their losses, punitive damages are meant to punish the wrongdoer and warn others not to repeat the same behavior.

Why Should I Choose Your Law Firm to Handle a Wrongful Death Claim?

It can be incredibly challenging to try and decide what to do after suddenly losing a close family due to wrongful death. Sadly, in many instances, the insurance company will try to assign the victim a degree of blame for causing the accident to reduce their liability.

Additionally, if your wrongful death claim involves product liability, manufacturers often have legal teams whose only job is to look for loopholes to try and deny claims.

Furthermore, Texas has a strict statute of limitations on how long family members have to file a wrongful death lawsuit. As stated previously, eligible family members have up to three months to file a claim. After this time, the executor has up to two years to file a lawsuit on behalf of the estate. If you fail to file a claim within this time period, the court will likely refuse to hear your case.

For these reasons, hiring an experienced attorney who can help you navigate complex wrongful death laws is in your best interest. Our experienced legal team can advise you of your rights and help you through every step of the legal process, including litigation, if necessary.

Contact Brasure Law Firm, PLLC of Edinburg, TX, at 956-903-2873 to schedule a free consultation to discuss your case and learn what legal options may be available.