Wrongful Death
Wrongful Death in San Juan: A Family's Guide to Texas Law
Losing a loved one to someone else's negligence is devastating. Here's who can file a wrongful death claim in Texas and what it can recover.
Quick answer
In Texas, a wrongful death claim can be filed by the surviving spouse, children, or parents of someone killed by another's negligence — for example in a crash or on a job site. It can recover lost financial support, lost companionship, and the family's mental anguish. There is generally a two-year deadline to file, so San Juan families should speak with a lawyer early to protect their rights.
What a wrongful death claim is
A wrongful death claim holds a person or company financially responsible when their negligence causes someone's death. In the San Juan area these claims often arise from highway crashes on US-83, 18-wheeler collisions, workplace and construction accidents, or unsafe property. Nothing can undo the loss, but the law allows the family to seek accountability and financial stability.
Who can file in Texas
Texas law gives the right to file to the surviving spouse, children, and parents of the person who died. They can file together or one can file on behalf of all. If none of them files within three months, the personal representative of the estate may file unless the family asks them not to. A separate 'survival' claim can also be brought for the suffering and expenses before death.
What the family can recover
- Lost earning capacity and the financial support the loved one would have provided.
- Lost love, companionship, comfort, and guidance.
- The family's mental anguish and grief.
- Reasonable funeral and burial expenses, and medical bills before death.
The deadline is shorter than you think
Texas generally gives families two years from the date of death to file a wrongful death lawsuit. Cases involving a government entity can carry much shorter notice deadlines. Waiting also lets evidence fade and witnesses scatter, so it helps to talk to a lawyer while the facts are still fresh.
We handle the case so you can grieve
We deal with the insurers and the investigation with compassion and respect, so your family can focus on each other. Your consultation is free, you pay nothing unless we win, and we answer 24/7 across San Juan and McAllen.
Frequently asked questions
Who is allowed to file a wrongful death claim in Texas?
The surviving spouse, children, and parents of the person who died. They can file together, or the estate's representative may file in certain situations. We help your family understand who should bring the claim.
How long do we have to file?
Generally two years from the date of death, though claims against a government entity can have much shorter deadlines. It's best to call early so no deadline is missed and evidence is preserved.
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