Losing a loved one is never an easy thing for surviving family members to accept and deal with. This is even more true if the loved one’s death was preventable. Car and truck collisions, bicycle accidents, motorcycle accidents, slip and falls, and pedestrian accidents can all be fatal under the right set of circumstances.
If you lost a loved one in an accident that happened because of another individual or entity’s carelessness, recklessness, or negligence, you deserve to receive compensation for your loss. Although money is a poor substitute for the loss of a person whom you love, a successful wrongful death claim or lawsuit can bring about some sense of justice for you and other family members.
The knowledgeable and compassionate Brownsville wrongful death lawyers at Kenny Perez Law understand the feelings of hurt and grief that result from a loved one’s abrupt and untimely death. We make it our priority to investigate the circumstances of your loved one’s accident and pursue the monetary compensation that you need. Please speak with us today for more information about how we could assist you with every step of your Brownsville wrongful death insurance claim or lawsuit.
Persons Who Can File a Wrongful Death Claim in Brownsville
A Texas wrongful death claim arises when a loved one’s death is the direct result of some negligent act, wrongful act, or omission on the part of someone else. There are several categories of surviving individuals who may be eligible to file a wrongful death claim in the State of Texas. Those individuals include the surviving spouse, children, and parents of the deceased individual. These people could file a wrongful death claim individually—or together as a group.
Moreover, if no one files a wrongful death claim within three months following the decedent’s death date, then a personal representative of the decedent’s estate can file the claim. If you lost a loved one in an accident because of someone else’s negligence, we could help you file your wrongful death claim or lawsuit and pursue the claim for monetary compensation and damages.
Proving Your Brownsville Wrongful Death Claim
In a Brownsville wrongful death claim, the claimant—or the person(s) bringing the claim—has the legal burden of proof. The elements of proof are much the same as they are in any run-of-the-mill personal injury case. Specifically, the claimant must prove that another person acted unreasonably under the circumstances, resulting in the accident that, in turn, led to the accident victim’s untimely death.
The skilled and compassionate Brownsville wrongful death lawyers at Kenny Perez Law can assist you with proving all of the legal elements in your wrongful death claim or lawsuit and pursuing a favorable result.
Statute of Limitations in Brownsville Wrongful Death Cases
In Brownsville wrongful death legal actions, there is a statute of limitations, much the same as in any personal injury case. In the State of Texas, other than in a minority of circumstances, qualified parties must bring a wrongful death lawsuit within two years of the deceased individual’s death. The insurance process generally takes place before filing a lawsuit.
Absent extraordinary circumstances, many of which will not apply, if no one files a wrongful death claim or lawsuit within that deadline, the court will probably dismiss the case and the claimant or claimants can’t recover wrongful death damages.
If you are contemplating filing a wrongful death claim, you should not delay. Instead, you should seek out an experienced Brownsville wrongful death attorney to represent you in your claim or lawsuit as soon as possible. The knowledgeable and compassionate legal team at Kenny Perez Law can file your claim or lawsuit on time.
If the two-year time deadline is getting close, we could go ahead and file a lawsuit for wrongful death on your behalf to protect you from the statute running out. In the meantime, we could continue to pursue a settlement with the at-fault person’s insurance company while the case is pending. If necessary, of course, we could litigate the case in the state court system.
Potential Wrongful Death Damages
If you lost a loved one in an accident due to another person’s negligence, recklessness, or omission, you may be entitled to pursue and recover wrongful death damages. Specifically, you may recover the costs of the funeral and burial expenses as well as medical costs leading up to your loved one’s death. If you and others were dependent upon the decedent for income, you may pursue a claim for loss of future earning capacity. You could also recover damages for the loss of your loved one’s companionship, support, care, and household services.
Moreover, you could pursue economic recovery for the pain and suffering that your loved one had to endure from the time of the accident up until the time he or she passed away. Finally, if your loved one’s death resulted from some type of malicious conduct or gross negligence on the part of the at-fault individual or entity, you might be eligible to recover exemplary damages, which are “punitive damages” in other jurisdictions outside of Texas.
The knowledgeable Brownsville wrongful death lawyers at Kenny Perez Law will do everything possible to maximize the damages in your wrongful death claim, either by way of a favorable settlement or jury award in court. We can explain all of your legal options to you and help you decide on the best one for your case.
Speak to a Brownsville Wrongful Death Lawyer Today About Your Rights
The knowledgeable attorneys at Kenny Perez Law are ready to assist you with every aspect of your wrongful death insurance claim or lawsuit, and we are here for you and your family. To schedule a free case evaluation and legal consultation with a Brownsville wrongful death attorney, please call us at (956) 544-9292 or contact us online today for more information.
Kenny Perez Law
847 E. Elizabeth Street
Brownsville, Texas 78520
“Definitely a law firm that you can trust! Professional, reasonable, and knowledgeable. The legal team has great customer service skills. They were able to help and guide us every step of the way after our accident.” – Cynthia Barrera
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