Wrongful Death Attorneys in Brownsville

Compassionate Legal Counsel for Grieving Families

When a loved one dies, the emotional toll can be devastating. When that death is caused by the negligence or misconduct of another, the loss can be even more difficult to bear. In addition to the emotional pain, you may be facing financial hardship due to the loss of your loved one’s income and benefits, as well as the cost of medical care and funeral expenses.

At Mendez Law Firm, our Brownsville wrongful death lawyers are here to help you through this difficult time. We understand that no amount of money can ever replace your loved one, but we also know that financial compensation can help you recover and move forward. Our team is prepared to fight for the justice your family deserves.

Call (956) 983-9673 or contact us online to request a free, confidential consultation.

What Is a “Wrongful Death”?

Under Texas law, a “wrongful death” is one that is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or party. In other words, if your loved one would have had grounds to file a personal injury claim had they survived, you may have grounds to file a wrongful death claim.

Wrongful death claims are civil lawsuits that are filed by the surviving family members of the deceased. These claims are separate from any criminal charges that may be filed against the at-fault party. In other words, even if the person who caused your loved one’s death is not convicted of a crime, you may still be able to file a wrongful death claim.

Who Can File a Wrongful Death Claim in Texas?

Not just anyone can file a wrongful death claim in Texas. The state’s wrongful death statute, Texas Civil Practice and Remedies Code section 71.004, specifies that only certain individuals may bring a wrongful death claim.

In Texas, the following individuals may file a wrongful death claim:

• The surviving spouse
• The surviving children
• The surviving parents
• The personal representative of the deceased’s estate

If the deceased did not have a surviving spouse, children, or parents, then the personal representative of the estate may file a wrongful death claim on behalf of the deceased’s siblings. If the deceased did not have a surviving spouse, children, parents, siblings, or grandparents, then the personal representative of the estate may file a wrongful death claim on behalf of the deceased’s estate.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

When a person dies as a result of another’s negligence or misconduct, the surviving family members may be able to file a wrongful death claim. However, the deceased’s estate may also be able to file a separate claim, known as a “survival action.”

There are several key differences between a wrongful death claim and a survival action, including:

• A wrongful death claim is filed by the surviving family members, while a survival action is filed by the personal representative of the deceased’s estate.
• A wrongful death claim seeks to compensate the surviving family members for their losses, including loss of companionship, loss of financial support, and more. A survival action seeks to compensate the deceased’s estate for the losses the deceased suffered as a result of the accident, including medical expenses, funeral costs, and more.
• In a wrongful death claim, the surviving family members may be able to recover compensation for their own losses, such as loss of companionship, loss of financial support, and more. In a survival action, the estate may be able to recover compensation for the losses the deceased suffered as a result of the accident, such as medical expenses, funeral costs, and more.

It is important to note that, in Texas, the deceased’s estate may only file a survival action if the deceased did not die immediately as a result of the accident. If the deceased died immediately, then the estate may not file a survival action.

What Is the Statute of Limitations on Wrongful Death in Texas?

Like other states, Texas has a statute of limitations on wrongful death claims. This is a law that sets a strict deadline for filing a lawsuit. In Texas, the statute of limitations on wrongful death claims is two years from the date of the deceased’s death.

If you do not file your wrongful death claim within this two-year period, you will likely lose your right to recover compensation. However, there are certain exceptions to this rule. For example, if the at-fault party is convicted of a crime related to the death, the statute of limitations may be “tolled,” or paused, until the criminal case is resolved.

Additionally, if the at-fault party is a government entity, the statute of limitations may be much shorter. In some cases, you may have as little as 90 days to file a notice of claim with the appropriate government agency. If you fail to do so, you may lose your right to file a wrongful death claim against the government.

What Damages Are Available in a Wrongful Death Case?

When a person dies as a result of another’s negligence or misconduct, the surviving family members may be able to recover compensation for their losses by filing a wrongful death claim. In Texas, there are several types of damages that may be available in a wrongful death case.

These include, but are not limited to:

• Medical expenses related to the deceased’s final injury or illness
• Funeral and burial costs
• Loss of the deceased’s financial support and benefits
• Loss of the deceased’s household services
• Loss of the deceased’s love, companionship, and support
• Mental anguish and emotional distress
• Loss of inheritance
• Loss of consortium

It is important to note that, in Texas, surviving family members may not recover compensation for their own pain and suffering in a wrongful death case. However, they may be able to recover compensation for their own mental anguish and emotional distress.

How Can a Wrongful Death Lawyer Help?

After the death of a loved one, you may be wondering whether you need to hire a wrongful death lawyer. While it is true that you are not legally required to have an attorney represent you in a wrongful death case, it is highly recommended that you do so.

Here are just a few of the ways that a wrongful death lawyer can help you:

• Investigating the accident: To prove that the at-fault party is liable for your loved one’s death, you will need to gather evidence. This may include police reports, medical records, witness statements, and more. An attorney can help you investigate the accident and gather the necessary evidence to prove your claim.
• Calculating your losses: In a wrongful death case, you may be able to recover compensation for a wide range of losses, including medical expenses, funeral costs, loss of financial support, loss of companionship, and more. An attorney can help you calculate the full value of your losses and ensure that you seek the maximum compensation you are owed.
• Negotiating with the insurance company: In many cases, the at-fault party’s insurance company will be responsible for paying out a wrongful death claim. However, insurance companies are not in the business of paying out large settlements. They will do everything they can to minimize your claim or deny it altogether. An attorney can handle all communication and negotiation with the insurance company on your behalf.
• Filing a lawsuit: If the insurance company refuses to offer a fair settlement, you may need to file a lawsuit. An attorney can help you navigate the complex legal process and ensure that all paperwork is filed correctly and on time.
• Representing you in court: If your case goes to trial, you will need to present evidence and arguments to the judge and/or jury. An attorney can represent you in court and fight for the justice your family deserves.

At Mendez Law Firm, our Brownsville wrongful death attorneys have extensive experience handling these types of cases. We know how to build strong cases and fight for the maximum compensation you are owed. Our team is here to provide the compassionate, personalized legal guidance you need during this difficult time.

Compassionate Legal Guidance for Grieving Families

At Mendez Law Firm, we understand that no amount of money can ever replace your loved one. However, we also know that financial compensation can help you recover and move forward. Our Brownsville wrongful death lawyers are here to help you seek the justice your family deserves.

Call (956) 983-9673 or contact us online to request a free, confidential consultation.