Harlingen Wrongful Death Lawyers

Compassionate Support for Family Survivors in Brownsville, Cameron County, & Hidalgo County, TX

The sudden loss of a loved one is an emotionally devastating experience that can leave surviving family members grappling with grief and financial hardship. The situation becomes even more distressing when the death is due to someone else’s negligent or reckless actions, rendering such a loss a senseless event.

At Ried Pecina Trial Lawyers, we understand families’ hardships in such circumstances and are committed to helping you seek justice. No amount of money can replace your loved one and what they brought to your family in terms of love, companionship, services, or financial sustenance. However, a successful wrongful death claim can provide economic stability, help ensure responsible parties are held accountable, and provide a measure of closure.

Our team can help you and your family in the aftermath of a wrongdoing death by taking on the legal details in preparing, building, and presenting your claim. Because the opposing side will understand that we are more than ready to take your case to trial, they may be more amenable to settling outside of court for the fair and just compensation you are entitled to under Texas law. Should that fail, we will work aggressively to litigate your case in seeking the justice you deserve.

Discuss your case in a free consultation with a Harlingen wrongful death attorney. You can reach us via our online contact form or at (956) 368-0000. Hablamos Español.

Understanding Wrongful Death Claims in Texas

In Texas, wrongful death is defined as a death caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity (Texas Statutes section 71.001). Wrongful death claims are civil lawsuits distinct from any criminal charges that may also be filed concerning the fatal incident.

In Texas, the deceased’s spouse, children, and parents are legally allowed to file a wrongful death claim. If none of these individuals initiate a claim within three months of the death, the executor or personal representative of the deceased’s estate may file a claim unless a surviving family member specifically requests otherwise.

Survival Actions vs. Wrongful Death Claims

In Texas, wrongful death and survival cases are two separate legal avenues that families can pursue following the death of a loved one from negligence. Although they may seem similar, significant differences exist between the two.

A wrongful death action is a lawsuit filed by a deceased person’s surviving spouse, children, or parents. This claim seeks compensation for the losses they have personally suffered due to the death, such as loss of companionship, mental anguish, lost earning capacity of the deceased, and lost inheritance. Punitive damages may be awarded if the death involved gross negligence or a willful act.

On the other hand, a survival action is like a personal injury claim that the deceased could have filed had they survived. The survival statute in Texas allows these claims to be pursued even after the victim’s death, essentially allowing the claim to “survive” the victim.

Unlike a wrongful death claim, a survival claim is typically filed by the deceased’s estate representative. This type of claim seeks compensation for the losses the deceased person suffered from the time of injury until the time of death. These losses include medical expenses, pain and suffering, and lost wages.

Types of Wrongful Death Injuries

Any injuries stemming from negligence or the intentional misconduct of another can be cause for a wrongful death or survival action claim. Catastrophic injuries like brain, spinal cord, and severe burn incidents often result in legal claims.

Cases involving wrongful death and survival claims can include:

• Car, truck, motorcycle, pedestrian, bus, and bicycle accidents
• Workplace accidents
• Drowning incidents
• Faulty equipment and defective products
• Slip and fall accidents
• Assault and other intentional acts

Discuss your case in a free consultation with a Harlingen wrongful death attorney. You can reach us via our online contact form or at (956) 368-0000. Hablamos Español.

The Value of Skilled Trial Lawyers

Having a skilled trial lawyer from Ried Pecina Trial Lawyers by your side is crucial for negotiation and litigation purposes. Insurance companies often try to minimize payout amounts; without an experienced attorney, you may receive less than you deserve. Putting one of our trial attorneys on your side can be advantageous in settlement negotiations; the other side is more likely to settle fairly when they know we are always ready to litigate. If negotiations fail, we are prepared to take your case to trial and fight for maximum compensation.

You can trust our Harlingen wrongful death lawyers to stand with you during this challenging and painful time to help you navigate the complexities of the legal system with compassion and unwavering support.