Wrongful Death
Edinburg Wrongful Death Lawyer
Kind, Accessible, and Honest Representation in McAllen and Hidalgo County
One of the toughest events in life is losing someone you love. If you have recently experienced such a loss and believe it to be a case of wrongful death, you can sue for damages and legal repercussions. Muñoz Law Group will provide kind and knowledgeable assistance during this difficult time to help you better understand the laws relevant to your case and how you can sue for recompense. Let Muñoz Law Group shoulder the legal burden and provide the accessible and honest representation you deserve. The firm also provides bilingual Spanish services for clients who need them.
Learn more about how the firm can help you sue for wrongful death in a free initial consultation. Spanish-speaking services available.
What Is “Wrongful Death?”
Many personal injury cases involving death fall under the wrongful death category. For instance, medical malpractice or negligent accidents (e.g., car accidents causing death) may be grounds for a wrongful death lawsuit.
Generally, according to Texas law, an incident of “wrongful death” involves the following elements:
- an injury causes a person to die (including a fetus being unable to be born alive);
- the injury was caused by another party’s wrongful act, carelessness, or neglect; and
- the injured individual could have filed a personal injury lawsuit themselves if they had lived.
The deceased person’s surviving spouse, children, or parents can file a wrongful death lawsuit on their behalf. If they have not done so within 3 months of the date of death, the deceased person’s executor, or the personal representative responsible for their estate, may file the claim instead (unless the surviving family members had express instructions against filing a wrongful death lawsuit).
Suing for Damages
Based on Texas’ statute of limitations, you have until 2 years from the date of the person’s death to file a wrongful death lawsuit claiming damages. If your case is successful, you can be awarded several types of damages including those compensating for:
- lost earning capacity of the deceased person;
- lost inheritance of the deceased person, including what they would likely have been able to save and leave for their surviving family if they had lived;
- lost care, maintenance, support, and advice the deceased would have provided their surviving family;
- lost love, companionship, and comfort of the deceased person;
- the surviving family members’ pain and anguish;
- the deceased person’s pain and suffering;
- medical bills and treatment;
- funeral and burial expenses.
In severe cases involving gross negligence or a willful act, the court may also order exemplary, or punitive, damages meant to punish the offender.
Who Is Liable for a Wrongful Death?
In wrongful death cases, multiple parties could potentially be held liable. These may include individuals, companies, or even government entities. For instance, in a car accident, the other driver could be held liable. In a case involving faulty products, the manufacturer could be held responsible. If a death occurs due to unsafe conditions in a public space, a government entity could be held accountable. It's crucial to note that the party's negligence or wrongful act must have directly contributed to the death for them to be held liable.
Who Can Recover Compensation?
- As for who can recover compensation, this generally includes immediate family members. In California, wrongful death compensation can be recovered by the following individuals:
Surviving spouse - Domestic partner
- Children or grandchildren (including deceased children's children)
- Individuals who would be entitled to the deceased's property through intestate succession
It's important to note that only immediate family members or their legal representatives have the right to file a wrongful death claim in California. In some cases, other dependents may be able to recover damages. Each case is unique, so it's important to consult with a knowledgeable attorney to understand the full scope of potential compensation.
Let’s Take Legal Action Together
If you seek to file a wrongful death lawsuit in Edinburg, reach out to an experienced lawyer for legal support. It can feel extremely emotional and traumatic to have to relive or review the events of the incident, so do not go through this alone. A lawyer can help take care of all the legal things while you focus on recovering mentally and emotionally. Wrongful death cases are unfortunate matters that no loved one wants to handle, and this is where an attorney can come in. Attorney Jorge Muñoz can assess all the damages you can sue for and provide you with the information and legal knowledge to make the right decision for your family.
Schedule a free consultation with Muñoz Law Group online to get started. Let’s handle your wrongful death lawsuit in Hidalgo County together.
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Attorney Muñoz views his role in the attorney-client relationship as a helper, available to guide clients through any potential issue to leave them in the best position possible to protect their rights and best interests.
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Call 956-304-5566 to Schedule a Free Consultation