Wrongful Death
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McAllen Wrongful Death Lawyer
Wrongful deaths are a civil case that a family pursues after the death of a loved one. A wrongful death lawsuit is distinct from any criminal charges that may be pending.
A family may be able to influence how a criminal case is handled by the District Attorney. However, the authorities, not the family, will face criminal charges for the death of a family member. In Texas, criminal and civil cases are handled separately. Criminal courts are for punishment, whereas civil courts are for compensation in personal injury cases!
Wrongful death in Texas is similar to a personal injury claim in that it seeks to compensate the family for the loss of a loved one through a civil suit or lawsuit.
If someone else’s negligence caused the death, the responsible party’s damages are decided by a jury or a settlement. The wrongful death personal injury case is separate from any criminal charges.
When you’re trying to deal with the grief and pain of a loss, hiring an attorney is the last thing on your mind. However, that is the first thing you should think about. We understand your sadness and want you to concentrate on healing while we take the necessary steps to protect your best interests.
For a free consultation, please contact us at (956) 682-3451.
Common Causes of Wrongful Death in Texas
There may be different ways to prove negligence or wrongful act in different types of accidents. The following are some of the most common causes of fatal accidents in Texas.
Dangerous Products
There may be different ways to prove negligence or wrongful act in different types of accidents. The following are some of the most common causes of fatal accidents in Texas.
Car Accidents
Car accidents are the leading cause of fatalities. The negligence of the other driver is the foundation of a car wreck fatality lawsuit. Running a red light, rear-ending, or driving while drunk and causing the accident are all examples of negligence in a car accident.
Truck or 18-Wheeler Accidents
Accidents involving large trucks frequently result in fatalities. The negligence of the truck driver in failing to follow traffic laws or the rules that apply to truck drivers is usually part of the claim. Furthermore, the trucking company may not have properly trained the driver or enforced trucking safety regulations. We have successfully sued the manufacturers of big rigs and companies that improperly loaded the vehicles, as well as maintenance companies and others, in addition to the negligent driver and company.
Contact a McAllen Wrongful Death Lawyer
Family members should contact a McAllen wrongful death attorney as soon as possible to discuss their case and the legal process.
Call (956) 682-3451 to speak with a McAllen wrongful death lawyer with over three decades of experience. There is never a fee for an initial case consultation.
Texas Wrongful Death Lawyers Frequently Asked Questions
A McAllen wrongful death attorney must prove four elements to win a wrongful death suit. The first step is to consult with an experienced McAllen, TX, wrongful death law firm.
To win a wrongful death claim, the McAllen wrongful death attorney must demonstrate that the death of their client’s loved one was caused by the negligence of another party.
In Texas, the surviving spouse, parents, and children of the deceased must fight for the loss of a loved one.
The law specifies who is entitled to damages for loss or injury. It is always advisable to contact a wrongful death lawyer in McAllen as soon as possible after the accident.
To analyze a McAllen wrongful death claim, please contact us at (956) 682-3451.
Following a death, Texas law allows families to take one of two actions:
Survival Claims
Survival actions can be used to recover damages if a loved one survived the accident but died as a result of his injuries.
Survival claims are not the same as wrongful death claims. Survival claims are about the deceased’s personal injuries before they died. In Texas, a survival claim is the deceased’s personal injury claim prior to death. A survival case is viewed for damages from the perspective of the deceased.
Wrongful Death Damages
Wrongful death lawsuits are filed by people who have suffered a loss as a result of the death of a loved one. Here are some examples of wrongful death damages:
- Pecuniary losses – These are losses such as the loss of care, maintenance, support, services, advice, counsel, and any contribution that you would have received from the decedent in all likelihood.
- The term “loss of companionship and society” refers to the family’s loss of love, comfort, and companionship as a result of death.
- The emotional pain and suffering caused by the death of a loved one is referred to as mental anguish.
Inheritance loss – This is the present value of assets that the decedent would have left to you as part of their estate.
Contact a McAllen Wrongful Death Lawyer Today!
Don’t hesitate to contact the attorneys at Higdon Law Firm today if you or a loved one needs a wrongful death lawyer, our law firm offers a free and confidential consultation. David A. Higdon has been serving McAllen and helping represent those who are usually under-represented for personal injury for over 30 years. Our lawyers will fight hard for your freedom and will do whatever it takes to ensure that you are our priority. Don’t just take our word for it, hear what our clients have to say about our personal injury attorneys on Google, Yelp, and Facebook.