The loss of a loved one always feels wrong to close family members left behind, but when someone else’s careless, reckless, or wrongful actions directly cause an untimely, preventable death, the law considers it wrongful as well. A successful Texas wrongful death claim brings a grieving family relief for the financial hardship caused by the death as well as a sense of justice. Call the wrongful death lawyers in Laredo who can help. Contact our Laredo personal injury lawyers at (956) 489-1300 – you are not alone.
Why Choose Wawi Tijerina Law for a Laredo Wrongful Death Claim?
As a decades-long advocate for injury victims and a career in public service for underserved communities, Laredo-born native, Wawi Tijerina, has deep compassion for those suffering from the sudden death of a family member—particularly when the death was preventable if only someone had taken reasonable actions. The Law Office of Wawi Tijerina offer the following advantages in your case:
- Free consultations and we charge no fees until after we obtain your compensation
- A lead attorney who is a well-known public servant and victim advocate in Laredo, whose renowned name puts power behind your wrongful death claim
- Over 20 years of practice representing injury victims, including pedestrian accident victims, with a history of successful settlements and notable court awards for our clients
Our location on the Mexico border means we welcome our Spanish-speaking neighbors regardless of their immigration status.
What Types of Wrongful Death Claims Does Wawi Tijerina Law Handle?
Personal injury law is based on the premise that we all owe a general duty of care to others to take all reasonable measures to avoid causing them harm or death. For instance, a driver has a legal duty to follow traffic laws, and a property owner must maintain a property that’s free of safety hazards. Common wrongful death claims in Laredo include the following:
- Car accident deaths
- Commercial truck accident fatalities
- Motorcycle accident deaths
- Pedestrian accident deaths
- Premises liability deaths
- Deaths from medical malpractice
- Workplace fatalities
- Defective product fatalities
- Acts of intentional violence
It’s difficult for family members to accept a death that was entirely preventable had someone else taken reasonable care. A successful wrongful death claim helps hold the wrongdoer financially accountable.
Who Can File a Wrongful Death Claim In Texas?
Texas limits those who may file a wrongful death claim to immediate family members. Typically, this is the closest surviving family member who suffers the economic consequences of the death. The limits placed on those eligible to file a claim help to prevent distant family members from exploiting the death for monetary gain when they haven’t experienced financial losses from the loss. In Texas, only the following close family members may file a claim:
- A spouse
- The parent of a deceased child
- The adult child of a deceased parent
- A representative of a minor child
If none of the above file a claim, the personal representative or executor of the deceased person’s estate may file, after which the heirs named in the decedent’s will inherit the compensation awarded in the case
Some states allow grandparents and siblings to file claims if closer family members do not choose to file a wrongful death lawsuit; however, Texas does not allow siblings, grandparents, or any other family members beyond spouses, parents, and children to file wrongful death claims.
What Can My Family Recover in a Wrongful Death Claim In Laredo?
Unexpected deaths cause shock, grief, and financial difficulties for families, particularly when the deceased loved one was a family income provider or provided services such as caring for the children or home. A successful wrongful death claim brings compensation for damages such as the following:
- Any emergency medical expenses from before the death
- Funeral and burial costs
- The lost income the deceased would have earned for their remaining working years
- Lost benefits such as healthcare and retirement contributions
- Loss of household services
- Emotional grief and anguish
- Loss of consortium, companionship, or a parent’s love and support
Compensation cannot bring a loved one back, but it offers loved ones a sense of closure, financial accountability, and justice.
What Should I Do If I Suspect Wrongful Death?
It can be difficult to think clearly during the chaotic aftermath of a loved one’s death, especially when dealing with the shock and grief, but taking fast action when you suspect the loved one’s death was preventable and only caused by someone else’s careless, reckless, or harmful actions is beneficial to a successful claim. You can take purposeful actions immediately to protect your family’s future and give your lost loved one a voice for justice. If the circumstances of the death are such that your loved one could have filed a personal injury claim had they survived their injury, then a close family member may file a wrongful death claim against the at-fault party’s insurance or file a lawsuit. As in personal injury cases, a successful wrongful death case requires substantial evidence. After the loved one’s death, take the following steps:
- Take photos at the scene, including anything relevant to the death, such as the scene of a car accident or premises liability accident
- Keep the loved one’s clothing or personal belongings in a sealed plastic bag
- Keep copies of the medical report if the loved one received emergency care
- Request a copy of the medical examiner’s report
- Keep copies of bills and invoices for funeral and burial expenses
If the wrongful death occurred in a car accident or due to a criminal act of violence, request a copy of the police report. Create a folder with evidence of the loved one’s income and benefits to prove your financial losses.
How Long Do I Have to File a Wrongful Death Claim in Texas?
Texas sets a time limit on personal injury and wrongful death claims. This statute of limitations ensures that evidence and reliable eyewitness testimony remain available when the case goes into negotiations for a settlement or goes to court. The Texas statute of limitations for wrongful death claims is two years from the date of death.
If a Texas wrongful death case goes to court, the injury victim’s attorney must file the petition before the statute of limitations expires. Only in limited circumstances might a Texas court agree to hear a case beyond the two-year time limit. For instance, if the decedent was a minor, or if the cause of death wasn’t determined to be negligence until some time after the death. In this case, the statute of limitations ends two years after the discovery date.
If a claimant is incapacitated at the time of the loved one’s death, like in a car accident case that results in injury to a motorist and fatal injuries to their spouse, the statute of limitations begins on the date that the surviving spouse recovers competency.
How Do Comparative Negligence Laws Impact a Wrongful Death Case In Texas?
As in personal injury claims in Texas, a wrongful death case requires the claimant to prove the at-fault party’s liability under the state’s modified comparative negligence laws. To recover compensation, the decedent must not have contributed to the cause of their injuries by more than 50%. For example, if the loved one died in a car accident and the insurance company determines that they contributed to the cause of the accident or the severity of their injuries by 25%, they can reduce a wrongful death payout by 25%. If the family’s damages amount to $100,000, the insurance company must still pay $75,000. This law benefits those whose deceased loved one contributed to their cause of death by still allowing them to recover a portion of their financial losses. However, insurance companies may use this law to their benefit by assigning an undue percentage of fault to the decedent if the family does not have assertive legal representation to prove the at-fault party’s full liability.
Proving Liability In a Texas Wrongful Death Case
A wrongful death claim requires compelling proof of liability. A Laredo wrongful death lawyer must ensure that the at-fault party meets the state’s legal standards of liability by showing the following:
- The at-fault party owed a duty of care to the decedent (such as a driver’s duty to follow traffic laws or a doctor’s duty to treat a patient in the standard of care accepted by the medical community)
- They breached this duty through negligence (negligence refers to any careless, reckless, or wrongful action)
- The breach of duty directly caused the death
- The family member has suffered significant economic and non-economic damages from the death
Proving liability for wrongful death often requires a skilled investigation and meticulous documentation of evidence.
What Is the Process of a Wrongful Death Claim In Texas?
A successful wrongful death claim can quickly become a complex process. An experienced attorney navigates the claim process by doing the following:
- Conducting a thorough investigation into all aspects of the accident or incident that caused the death
- Documenting evidence of liability
- Making a carefully calculated list of the family’s financial damages, plus an additional amount for non-economic damages like grief and anguish
- Sending a demand package to the insurance company
- Negotiating with the insurance company, and sometimes attending mediation sessions with all involved parties, representing the family’s best interests
- Achieving an ample settlement for the damages or taking the case to court within the two-year statute of limitations to obtain a positive jury verdict and a court award for damages
A wrongful death case is separate from any criminal charges in a case. The outcome of a wrongful death claim does not depend on a guilty verdict if the defendant is charged with a crime.
Call the Laredo, TX Wrongful Death Lawyers at Wawi Tijerina Law
No one should have to take on a wrongful death claim while they are also trying to comfort their family and navigate their own grief and anguish. Call or text our experienced wrongful death attorneys in Laredo, Texas at (956) 489-1300 so we can work tirelessly on obtaining the maximum available settlement or court award for your damages.