What Constitutes Wrongful Death In Texas: A Guide For McAllen Residents

In this article, you can discover…

• How a wrongful death is defined under Texas law.
• Who may legally file a wrongful death claim in Texas.
• What evidence to gather to support a wrongful death suit. 

What Is The Legal Definition Of Wrongful Death In Texas?

In Texas, a wrongful death is a death that results from someone else’s negligence. In such an instance, the immediate family members of the person who passed away have the ability to file a lawsuit against the responsible person or company and recover damages.

You may also have the ability to file a “survivor’s claim,” and recover for the medical bills and physical pain and suffering your loved one experienced before they passed away. Simply because a person has died doesn’t mean their rights are extinguished. If you suspect that an immediate family member has passed away due to another’s negligent actions, reach out to an attorney as soon as possible.

What Are The Common Causes Of Wrongful Death?

On the road accidents are the most common, such as wrongful death due to a commercial truck driver’s negligence. Deaths arising from workplace accidents are frequent, as well. This is especially true of oil fields, construction sites, and factories. Finally, I see many cases where a defective product has caused a wrongful death. For example, a battery may explode from overheating, or an electric chord may catch fire, causing death to someone who is using the product or nearby. 

Who Is Legally Entitled To File A Wrongful Death Claim In Texas?

In Texas, if an adult passes away who was married (formally or by common law), their spouse has a claim. Biological parents of a deceased always have a claim, as to the children of the deceased. If a child passes away, their parents have a claim for the death of their child. In every case, the surviving spouse, parents, or children have the legal right to file a wrongful death claim.

What Damages Might My Family Be Entitled To In A Wrongful Death Claim?

The damages a family can recover include economic losses, such as loss of income, medical expenses your loved one amassed before they passed away, and funeral and burial expenses. You may also receive damages for the loss of valuable help the person contributed, such as their help around the house and role in caring for your children. If the deceased supported you, you can recover for the income they would have earned that would have supported you. 

Your family may also be entitled to non-economic damages to address the loss of your loved one’s companionship, as well as the grief and mental anguish caused by the accident and wrongful death. 

Attorney John Escamilla is a hard-working, caring wrongful death attorney serving Texas. For nearly 30 years, he’s helped clients just like you get the damages they need and deserve following a family member’s wrongful death.

Have questions, or in need of excellent legal representation? Reach out to the Escamilla Law Firm at (956) 628-7569 to schedule an initial consultation today.

We’ll sit with you and develop a clear, meaningful picture of how much your family member meant to you, and the ways that their loss has impacted you. These conversations will help us be able to communicate these losses to a jury and help your family get the maximum recovery possible for your case.

How Does The Legal Process Typically Work For Wrongful Death Claims?

The legal process for handling a wrongful death claim begins, in some cases, before the person has even passed away. If someone has been severely injured and is in the hospital, legal decisions will have to be made as to their medical care and placement, and an attorney can help ensure these decisions are handled correctly and with care. 

If the person passes away from their injuries, immediate family members can file a wrongful death lawsuit immediately without going to probate court. A probate court proceeding may be needed, and the family member representing the person who has passed away files a survival claim, giving them the legal right to step into the shoes of the deceased person and act on their behalf. 

Your attorney will also begin to preserve evidence related to the wrongful death and ensure that negligent parties don’t intentionally or accidentally destroy key records, vehicles, or any other evidence linked to your loved one’s death. Your attorney will make sure this evidence is collected, and hire experts to help verify liability and hold negligent parties accountable.

Our Team Is Here To Support You

I’ve represented hundreds of family members in wrongful death case. I have seen people hurt and killed over and over in similar fashions. This is especially true of oil field workers, construction sites, and trucking accidents. I understand the laws, parameters, and safety standards in these industries and can immediately tell when these regulations have been neglected. 

I’ve also handled many “dram shop” cases, where a restaurant or bar sold or served alcohol to someone who was visibly intoxicated, and that person then got into a vehicle and hurt or killed themselves or someone else. I know what the regulations, laws, and rules are that govern this industry, and I know what to look for, so I can get that information effectively to maximize recovery for my clients. 

Finally, I have experience going up against the same companies and law firms time and time again. I know what they’ll say, and I know how to counter. They know that the Escamilla Law Firm means business, does not back down, and will work tirelessly to get families and survivors the compensation they need and deserve. 

Still Have Questions? Ready To Get Started?

For more information on What Constitutes Wrongful Death In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 628-7569 today.