Representing Family Members’ Rights in Texas
People living in the Lone Star State have a lot of pride in Texas. As the largest city in Hidalgo County, residents of McAllen, Texas, are surrounded by Spanish revival architecture, tranquil city parks, and world-class museums. Here, it’s easy to enjoy many benefits that one would find in a larger metropolis while appreciating the friendly, smaller-town atmosphere. Stop in to The International Museum of Art and Science to view Picasso’s lithographs, or spend the day with your family at Fireman’s Park.
While McAllen is generally a safe place to live, accidents do happen here. For example, in 2017, a local man was arrested for a fatal street car racing accident in Hidalgo County that resulted in a fatality. When a family member or someone you love dies as a result of somone else’s wrongful actions, the aftermath can feel debilitating. Many accidents leave the parties involved with little to no time to react. When an accident results in a tragic death, you will need to understand your rights in Texas.
You may wish to start with Texas’s wrongful death law. This law protects specific family members who are dealing with the loss of a loved one. While the law is set up to support the family members whom the deceased left behind, it is somewhat complicated to put into practice.
To know if you qualify for compensation, work with an experienced Texas wrongful death attorney who will aggressively fight for your rights. Handing these details off to an attorney can help reduce the stress and burden placed on you and your family.
The team at George Salinas Injury Lawyers is available and ready to support families who are in the process of dealing with immediate losses. You can call us today to set up a free consultation and find out how we can help with your case.
What Does Texas Define as a Wrongful Death?
Texas law states that a wrongful death results from another person or party’s wrongful act, neglect, carelessness, unskillfulness, or default.
A common claim for a wrongful death includes negligence. This happens when one party neglects to provide a certain duty of care to the deceased. This lack of care can often directly cause the death. Many different scenarios and acts can constitute negligence and can lead to deadly accidents, including:
- Truck, motorcycle, or car accidents
- Pedestrian or bike accidents
- Slips and falls
- Medical malpractice
- Accidents at schools or after-school care facilities
- Dangerous products
An experienced wrongful death lawyer will go through the details of your case and determine if negligence played a part in causing the fatality. Every wrongful death case is unique and the factors that caused the accident are the keys to deciding if a person or party may face liability.
Work with a skillful lawyer who understands how to manage claims with different details and legal questions. The team at George Salinas Injury Lawyers has worked for many years with a variety of clients in wrongful death cases. Any accident can result in a tragedy, and you want the best support team to help you navigate this often complicated process of filing a wrongful death claim.
Understand Your Rights in Texas
The laws in Texas spell out the specific people who have the legal right to compensation after the wrongful death of a loved one. This right primarily extends to family members, including:
- Parents
- Children (including adopted children and adult children)
- Spouses
If you’ve lost a dear friend whom you have known since childhood, Texas law typically will not allow you to initiate a wrongful death claim. Although this loss is clearly painful, the state generally reserves these claims for family members.
With wrongful death claims, time is of the essence—survivors must initiate them within three months of the individual’s death. When no one from the above list opens a claim within this time period, the executor of the estate may file a wrongful death claim. Enlist the help of an experienced attorney without delay to discuss your legal rights.
Working With a Wrongful Death Attorney Can Help
The negligent party and insurance company may attempt to evade a wrongful death claim. The insurance company might dispute the reason for the accident and question the claim of negligence. It might also reject some of the damages you claim, specifically pain and suffering. The insurance company has the benefit of a wide range of resources at its disposal. For this reason, you should work with an experienced wrongful death lawyer who can support your claim to the adjuster.
The attorneys at George Salinas Injury Lawyers understand how insurance companies work. The insurance companies will typically offer a lower settlement to start with. This knowledge allows us to recognize when an inadequate offer, and we can push back and negotiate zealously to collect the compensation that you deserve to cover your losses. If the insurance company refuses to offer a fair settlement, we can proceed to file a wrongful death lawsuit. In this situation, we will help guide you through each part of your claim so that you can feel confident we are protecting your best interests.
Call a McAllen, Texas, Wrongful Death Attorney Today
The sudden death of a family member can produce emotional and financial trauma, and it is difficult to comprehend the extent of this loss until you are in this situation. At George Salinas Injury Lawyers, our attorneys have seen how devastating this time can feel. We work tirelessly on behalf of our clients to make sure that we protect their rights. We provide support and guidance through the legal process to help bring your case to its best possible resolution. Call us today or send us a message online to schedule a time to discuss the details of your case.
