Dealing with the death of a loved one can be devastating, but dealing with a death caused by someone else’s negligence can be even more harrowing. On top of the emotional strain, you may also suddenly be dealing with the financial difficulties caused by the loss of your loved one.
While no amount of compensation can truly make up for the loss of a loved one, you do have the option of filing a wrongful death lawsuit to recover from the damages you have suffered. While a wrongful death can occur for any number of reasons, auto accidents are the leading cause in the United States.
If you want to obtain justice for the unexpected loss of a loved one, seek out the legal guidance and support of a McAllen wrongful death attorney.
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Who Can Make a Wrongful Death Claim?
Under Texas law, only certain immediate family members can file a wrongful death claim:
- Spouse of the deceased
- The children of the deceased (adopted or biological)
- Parents of the deceased
- A representative of the estate if eligible family members haven’t filed a claim within three months
Extended family members are not able to file a claim for wrongful death as well as the biological parents of an adoptee, step-children, and step-parents.
What Compensation is Included in a Wrongful Death Claim?
There are a few types of compensation you may be able to recover in a wrongful death claim. Your McAllen wrongful death attorney can tell you which apply to your unique case:
- Lost income from the deceased or other financial support
- The pain the survivors experience
- Loss of the relationship
- Lost services for the household like childcare
- Value for lost savings
- Funeral costs
Depending on the case, you may also receive punitive damages. This type of compensation is meant to punish the perpetrator and discourage others from repeating the circumstances that took your loved one’s life.
Our team is ready to listen and does not back down. We are here to serve you and help alleviate your troubles. Call us today!
956-682-3939Let the Villalobos Law Firm Be Your Compassionate Wrongful Death Attorneys
Here at Villalobos Law Firm, we know you’re suffering after the loss of your loved one. Trying to navigate the legal system while you struggle with grief can leave you feeling alone. That’s why we’re here. We treat all our clients like family and are here to answer your questions during this difficult time.
The Statute of Limitations on Wrongful Death Claims
Like most other kinds of lawsuits, there is a statute of limitations for wrongful death lawsuits. First, the immediate family has a period where they can elect to file a wrongful death claim.
The family has three months during which they are the only ones who can make a claim, after that, a representative for the estate could file a lawsuit instead.
Any claim by either the family or a representative of the estate must be made within two years of the date of death. It’s best to file as soon as possible to help ensure your wrongful death attorney can build the strongest claim.
How To Choose the Right Wrongful Death Attorney
Finding the right McAllen wrongful death attorney isn’t as simple as just picking the first lawyer you find. You need to know that you can trust them fully with your very serious situation.
Here’s what you need to know about finding the right attorney:
- Get Referrals — Friends and family can be a great starting point when it comes to finding a lawyer. Even if they don’t do wrongful death cases, most attorneys will point you toward a colleague who does. You can also ask the local bar association and look for reviews online.
- Ask About Experience — You’ll need a lawyer who knows how to handle a wrongful death claim. Be sure to ask about their experiences and results handling these types of lawsuits.
- Find Someone You Trust — You should be able to trust your lawyer to handle your case. Make sure you’re comfortable and that you agree on the direction your case should go.
- Discuss Fees — You need to know how your lawyer expects to be paid early. Some may want their fees upfront while others are willing to be paid only if they secure you compensation.
