Common Myths About Wrongful Death Claims: What Widows And Widowers In Hidalgo County Need To Know

Few events are as heartbreaking as the loss of a spouse. Losing your beloved partner to a car accident or workplace incident is tragic, and you deserve justice and compensation for that loss. This article explains key insights into the Texas wrongful death claim process by debunking several common myths about them, including:

• What you need to prove to claim wrongful death compensation in Texas.
• Why wrongful death claims can take years, and what the deadline is for filing them.
• Other common misconceptions about the wrongful death claim process.

Myth #1: I Need To Prove Intentional Harm To File A Wrongful Death Lawsuit

False. You do not need to prove intentional harm or murderous intent to file for wrongful death compensation. A widow can file a wrongful death claim based on negligence or through workers’ compensation insurance.

If you prove gross negligence, you do not have to prove intentional harm. And that will be our job as your wrongful death claim attorney.

Similarly, a widow or widower who has a spouse in a workplace accident should consult a lawyer because there is a very high likelihood that they have valid grounds for a lucrative claim.

Myth#2: There Is A Strict Time Limit For Filing A Wrongful Death Claim In Texas

Partially True, but complicated. The statute of limitations for any wrongful claim is two years, but Texas law can extend that for up to three years if a probate proceeding is required.

This is the deadline to file the claim on behalf of the estate of the dead person, but a family member such as the surviving spouse, the children, and the parents of the deceased can file their claim. That claim would need to be filed within two years of the accident that caused their loved one’s death.

Myth#3: I Need To Prove My Loved One’s Income When Filing A Wrongful Death Claim

Untrue. If you are seeking compensation for lost wages and lost earning capacity, then looking at the historical income is helpful, but it is not essential.

As your attorneys, we will work with you as well as your spouses’ former employers to go over filed tax paperwork or other evidence to reconstruct the earnings of your loved one. That way, you and your family can be compensated for the lost earnings that you will never get because of their death.

Attorney John Escamilla is a compassionate Texas personal injury and wrongful death lawyer who has helped countless families like yours navigate the loss of a loved one. The son of an immigrant, John is determined to protect everyone, even the most vulnerable, and is committed to holding big companies and employers responsible for the deaths they cause or ignore.

Have you lost a loved one in a Texas workplace accident or car crash? Contact The Escamilla Law Firm, PLLC. today to schedule a free consultation.

Myth #4: Wrongful Death Claims Take Years To Resolve

Potentially true, but not automatically so. Sometimes, wrongful death claims do take years to reach a resolution; oftentimes, they do not.

At the Escamilla Law Firm, our goal is to have a case set for trial within 12 months of filing a lawsuit. While it is not uncommon for some cases to take up to 24 months or even more to be resolved when they do go to trial, many wrongful cases are settled in less than six months.

In the end, the timeline depends on the circumstances of the case and how aggressively we pursue a settlement or full compensation.

Myth #5: Funeral And Burial Costs Cannot Be Included In A Wrongful Death Claim

False. Funeral and burial costs can be included in your claim, along with hospital costs of treating the person who passed away. All of these costs and more are all recoverable in a wrongful death claim or lawsuit.

What Is The Most Common Misconception That Spouses Have About Filing A Wrongful Death Claim?

Most widows and widowers are fearful and understandably worried about their families and their livelihood. In addition, many worry about being more stressed from a lawsuit, especially from having things questioned or being interrogated by a hostile attorney.

Those are all valid concerns, but they should never prevent you from trying to seek justice and compensation for the harm done to your family. Your attorney, if they are any good, will work with you to address these concerns as they come up and assist you with your financial familial situation.

The best wrongful death attorneys will even help you navigate the emotional, legal and financial steps that are needed after somebody dies.

How Do You Provide Comfort To Clients Who Feel Guilty Or Unsure About Pursuing A Claim?

No one should ever feel guilty for talking with an attorney to help investigate the circumstances of a loved one’s death. You will rarely have all the information about their death, and they may even be getting blamed for the accident when they were not responsible.

If you feel threatened or guilted by your spouse’s employer, they may be illegally intimidating you when you just want to learn what happened, which you have every right to.

To help you deal with such issues, the Escamilla Law Firm will meet with you and discuss what happened and then investigate to discover the truth. As we discover facts, we tend to find that fear or guilt often turns to anger when you learn about how your loved one was hurt. We then ensure that those responsible pay you what you are owed, which is as close to justice as anyone can offer.

Have you lost a loved one to an accident or workplace incident in Texas?

For more information on Common Myths About Wrongful Death Claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 628-7569 today.