Building a Strong Case During Your Time of Loss
After losing a loved one, chances are that your mind is crowded with grief and questions about the future. If your loved one’s death resulted from negligence or recklessness, you may also want to set things straight. While this will not bring them back, it can at least give some peace of mind.
Our Brownsville wrongful death lawyers are here to help you build a strong legal case against those who are responsible for your loved one’s death. We offer aggressive representation and compassionate support to guide clients throughout the entire process, which includes insurance negotiations and litigation.
Begin recovering your damages today by calling (956) 368-0000 to set up a consultation with a wrongful death attorney near you.
Wrongful Death Cases in Brownsville and Surrounding Cities
Losing a loved one is devastating, and when that loss is caused by someone else’s negligence or wrongful actions, it can be even more difficult to process. In Brownsville, Harlingen, San Benito, and surrounding areas, wrongful death claims are an essential legal avenue for families seeking justice and compensation for the untimely death of a loved one.
Wrongful death occurs when someone dies as a result of negligence, intentional harm, or reckless behavior. These tragic incidents can stem from a wide range of circumstances, including accidents, medical malpractice, defective products, or criminal actions. If you have lost a loved one due to such reasons, it’s important to seek legal advice from an experienced wrongful death lawyer in Brownsville to help guide you through the legal process and ensure that justice is served.
What Types of Fatal Accidents Can Lead to Wrongful Death Claims?
A wrongful death claim alleges that a fatal accident would not have happened but for the negligence, recklessness, or intentional misconduct of a defendant.
Some examples of accidents that can result in wrongful death include (but are not limited to):
- Defective Products: When a loved one dies due to a defective or dangerous product, surviving family members may have grounds to file a wrongful death lawsuit against the manufacturer, distributor, or retailer. Defective product cases can involve faulty auto parts, unsafe electronics, toxic household items, or poorly designed medical devices. In the Brownsville area, fatal product failures often result from companies cutting corners on safety testing or ignoring known defects. These tragedies are preventable, and holding companies accountable through a product liability wrongful death claim can bring justice and prevent future harm.
- Car, Truck, Motorcycle, and Bicycle Accidents: Fatal motor vehicle accidents are among the leading causes of wrongful death in Brownsville, Harlingen, San Benito, and nearby communities. Whether it’s a deadly car crash, 18-wheeler truck accident, motorcycle collision, or bicycle fatality, these cases often involve negligent drivers, drunk driving, or distracted driving. Families who lose loved ones in traffic accidents may be entitled to compensation for funeral costs, lost financial support, and emotional suffering. A skilled wrongful death attorney can help you investigate the crash, determine liability, and fight for the justice your family deserves.
- Dog Bites and Fatal Animal Attacks: In some cases, dog attacks can lead to fatal injuries, especially in children or elderly victims. Wrongful death claims involving dog bites in Brownsville may arise when an aggressive dog is left unrestrained or when an owner fails to prevent a known dangerous animal from harming others. Texas law allows families to hold dog owners legally responsible when their negligence leads to a fatal attack. If your loved one was killed in a dog bite incident, you may be entitled to pursue compensation for your loss.
- Cribs, Beds, and Infant Products: Tragically, defective cribs, beds, and infant sleep products can lead to fatal injuries such as suffocation, entrapment, or strangulation. Parents in Brownsville who have lost a child due to unsafe children’s products may have a wrongful death case against the product manufacturer or distributor. These heartbreaking cases demand immediate legal action, not just for justice, but also to raise awareness and help prevent future tragedies.
- Heavy Machinery Accidents: Heavy machinery, when improperly operated or poorly maintained, can cause fatal accidents in construction, manufacturing, and industrial settings. These include deaths caused by crane collapses, forklift accidents, or malfunctioning equipment. In South Texas, including Brownsville, surviving families of those killed in heavy machinery accidents may pursue wrongful death lawsuits against employers, contractors, or equipment manufacturers, depending on the cause of the incident.
- Workplace Accidents: Workplace fatalities can happen in any industry, especially in high-risk sectors like construction, agriculture, and transportation. From slip-and-fall incidents to equipment-related deaths, these tragedies often occur because of negligent safety practices, inadequate training, or OSHA violations. If your loved one died on the job in Brownsville or a nearby city, you may be able to file a wrongful death claim against a third party—such as a contractor, subcontractor, or manufacturer—who played a role in the accident.
- Oil Rig Accidents: Oil field and offshore rig accidents are unfortunately common in Texas and often result in catastrophic or fatal injuries. Explosions, falls, and equipment malfunctions on oil rigs can be deadly. When oil companies prioritize profit over safety, workers pay the price. If your family lost someone in an oil rig fatality near Brownsville, our legal team can investigate the cause of the accident and help you file a wrongful death lawsuit to recover damages and hold the responsible party accountable.
- Construction Accidents: Construction is one of the most dangerous industries, and construction site fatalities are sadly all too frequent. Common causes of death include falls from heights, scaffolding collapses, electrocution, and being struck by heavy equipment. Families who lose a loved one in a construction-related fatality in Brownsville, Los Fresnos, or Port Isabel may be able to pursue a wrongful death claim against negligent contractors, subcontractors, property owners, or manufacturers of faulty equipment.
- Boating Accidents: In the coastal and Gulf-facing regions near Brownsville and South Padre Island, boating accidents can turn deadly due to reckless operation, alcohol use, or lack of proper safety equipment. Whether it’s a collision, capsizing, or drowning, when a loved one dies in a fatal boating incident, surviving family members have the right to seek justice through a wrongful death lawsuit. Holding negligent boaters or tour companies accountable is key to protecting others from similar dangers.
- Pedestrian Accidents: Pedestrians are incredibly vulnerable to traffic accidents, and fatal pedestrian incidents are on the rise in Brownsville and across Cameron County. These tragedies often occur when drivers fail to yield, speed through intersections, or drive distracted. If a loved one was struck and killed by a vehicle while walking, your family may have grounds for a wrongful death claim. Pedestrian fatalities are preventable, and legal action helps bring closure while raising awareness of pedestrian safety.
Depending on the case, more than one individual or party may be named in a wrongful death lawsuit. A personal injury lawyer can help you identify the right defendants in your case.
Who Can File a “Wrongful Death” Lawsuit in Texas?
Only certain individuals are allowed to bring a wrongful death lawsuit in Texas and can include:
- The surviving spouse;
- The surviving child (including adopted children);
- The surviving parent(s); or
- The personal representative of the deceased’s estate.
Note: If a surviving family member, such as a child, does not initiate the lawsuit within three months, anyone is allowed to do it.
Steps to Take After a Loved One Has Died Due to Negligence
When you’re the loved one left behind due to a fatal accident or incident, it can be difficult to know just how to cope in the wake of this fatal upheaval. Here are a few steps you can expect when the person tasked with decenent affairs lives in the state of Texas:
- Don’t accept a settlement from an insurance company without the counsel of a seasoned wrongful death attorney. Once you sign a document or paper in Texas, you can be held legally liable, and the paperwork that an insurance agency sends to you might have mile-long pages of fine print. Let your attorney examine the evidence and available options that you have.
- Avoid making off-the-cuff statements to the police or during a phone call with an insurance adjuster. The information you provide can be used against you by the insurance agencies and parked at their immediate dismissal. That forces you to lose hours, days, weeks…and more time dealing with the claim and struggling to find the recourse that you deserve.
- Reach out to the local library or a downloaded personal finance management program, maintain the receipts and other documents you receive as you continue through the claims process.
- Don’t hesitate to check in on how the settlement is being carried out. You can also approach the solved case with an overlay. In the end, your expectations are the same for the motor carrier accident case. If they don’t meet your expectations, you can file a complaint with your state’s insurance commissioner or continue your initial suit.
How to Prove Wrongful Death
During a wrongful death claim, the plaintiff (the surviving family member or personal representative of the decedent’s estate) has the opportunity to recover compensation when the negligent, reckless, or careless acts of a defendant or via a defendant’s product or service led to a fatal accident.
To prove that a defendant negligently caused a wrongful death, the plaintiff and their attorney must show the following four elements:
- The defendant owed a duty of care to prevent the harm that led to the decedent’s death. This means that the law requires the defendant to submit to a standard of normal, careful, and safe behavior.
- These defendants somehow “broke” or failed to comply with this duty of care. You must prove that a reasonable entity or person in the same position would have submitted to that particular duty of care.
- If the defendant wasn’t careless, the victim or decedent would still be alive or not rendered incapacitated. You must show how the decedent died.
- As the surviving family members of the decedent or the decedent’s estate, you suffered damages only rectified by financial compensation. You must understand which family members can file family damage claims. Lock it up with a white paper or a recorded conversation. The other driver and their insurance companies rarely record everything.
Importance of Time When Filing a Wrongful Death Claim
Texas gives you only a fraction of the time to formally object to a specific person or entity’s behavior when a person loses their life due to their illegal, thoughtless, or intentional act. While it is essential to conduct your due diligence, create a strategic plan, and remain up-to-date on all statutes of limitations while seeking legal help, you need to begin the claims process as soon as possible.
The statute of limitations on pursuing a wrongful death claim in Texas is two years (like most other personal injury claims). If you do not file a lawsuit in a Texas civil court within two years from the date of your loved one’s passing, it is highly likely that you will be barred from recovering compensation.
Benefits of Working with a Wrongful Death Attorney
Working with a wrongful death lawyer allows you to focus on grieving your loved one and supporting your family throughout the aftermath of this tragedy.
While your attorney does the ‘heavy lifting,’ during this stressful period, your attorney can:
- Collect evidence
- Calculate your current and future expenses, losses, and overall economic damage, and
- Deal with attorneys, insurance companies, and investigators on matters related to your wrongful death claims.
Plus, your Brownsville wrongful death attorney will be able to use their industry knowledge and experienced insight to work towards a maximum recovery in your case. Not only that, but by seeking compensation via a successful claim, you will also hold the responsible party accountable for their actions and, hopefully, prevent any future accidents from occurring.
Schedule a Consultation with Our Brownsville Wrongful Death Attorneys
No one expects to have a family member die due to the negligence of another, and no wrongful death case can really provide the justice victims and their families need to heal. Deciding to file a wrongful death claim against those responsible for a loved one’s wrongful death can help bring some type of peace and justice to your family, however.
The Brownsville attorneys at Ried Pecina seek wrongful death compensation on behalf of the surviving spouses, children, parents, and personal representatives in tragic cases including reckless events. Our legal team can help you associate all wrongful death cases possible with your loved one and the negligent actions of the party responsible for causing or enabling them.
Call us at (956) 368-0000 to begin discussing your case with a Brownsville wrongful death lawyer during a case consultation.
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Comprehensive Personal Injury Legal Solutions in Brownsville
When a commercial truck collides with a passenger vehicle, the damage is rarely minor. These are high-impact, high-consequence events—often leaving victims with severe injuries, long-term medical needs, and overwhelming financial stress. Lives can change in an instant, and recovering what you’ve lost isn’t something that happens automatically.
At Ried Pecina Trial Lawyers, we represent individuals and families across Texas who have suffered injury or loss due to trucking accidents involving 18-wheelers, dump trucks, cement mixers, delivery fleets, and other commercial vehicles.
These aren’t simple fender benders. Trucking companies and their insurers move quickly to minimize liability, shift blame, and protect their bottom line. As trial attorneys with backgrounds in both plaintiff litigation and insurance defense, we know the tactics they use and how to defeat them.
Call Our Experienced Personal Injury & Criminal Defense Attorneys
Whether facing a criminal charge or dealing with the aftermath of a personal injury, our attorneys will fight for you every step of the way. Retaining a skilled attorney is vital to safeguarding your rights and achieving the best possible outcome.
For personal injury victims, the journey to recovery can be daunting. Health complications, disability, and lifestyle changes can negatively impact you and your loved ones. Our mission is to seek the compensation you deserve, and alleviate financial burdens, so you can focus on your recovery.