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 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.

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.

Seeking justice for a loved one? Contact our Rio Grande Valley wrongful death lawyer for a free consultation.