Wrongful Death Attorney in Brownsville

Fabricating 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) 225-2509  to set up a consultation with a wrongful death attorney near you.

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
• Medical malpractice / negligence
• Car, truck, motorcycle, and bicycle accidents
• Dog bites
• Cribs and beds
• Heavy machinery
• Workplace accidents
• Oil rig accidents
• Construction accidents
• Boating accidents
• Pedestrian accidents

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:

1. 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.
2. 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.
3. 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.
4. 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:

1. 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.
2. 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.
3. 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.
4. 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) 225-2509 to begin discussing your case with a Brownsville wrongful death lawyer during a case consultation.