The accidental death of a loved one causes deep pain and grief. Your loss is even more devastating when the death was preventable and was caused by someone’s carelessness or misconduct. Your feelings of sadness may be complicated by other emotions including anger at a senseless death and worries about paying your household bills. While no amount of compensation will replace your loved one, compensation for your loss may ease financial stress and allow your family to move forward.
The McAllen wrongful death attorneys at Herrman & Herrman, P.L.L.C. understand that your family is struggling to deal with a difficult loss and the legal questions the accident raises. It may be difficult to think clearly now. You need compassion and guidance that you can trust. Let our compassionate McAllen attorneys answer your questions and bring some clarity to the situation. We can review the details of the accident and discuss your legal options during a free consultation. Herrman & Herrman, P.L.L.C. is a highly regarded personal injury law firm with an office in McAllen. Our attorneys have assisted many families in McAllen and throughout the Rio Grande Valley. If your case is the type that we handle, we will represent you on a contingent fee basis, so there will be no legal fee unless we obtain compensation for you. Contact the McAllen fatal accident attorneys at Herrman & Herrman to learn how we can help.
Legal Options for Surviving Family Members in McAllen, TX
The close family members of an individual who is killed in McAllen or elsewhere in Hidalgo County as a result of another’s negligence have a legal right under Texas wrongful death law to file a lawsuit. The purpose of a wrongful death claim is to recover compensation for a loved one’s death and hold the responsible individual or business accountable. Under Texas law, a spouse, child or parent may file a wrongful death lawsuit. The law defines spouses to include married spouses, common law spouses and spouses who are legally separated. A parent or adoptive parent may bring a wrongful death lawsuit after the loss of their adopted child.
Many different types of accidents that lead to preventable deaths in McAllen may be grounds for a wrongful death lawsuit in Texas. They include:
- car accidents
- commercial truck accidents
- motorcycle crashes
- oilfield accidents
- workplace accidents
- construction accidents
- defective products
Our McAllen attorneys will thoroughly examine the factors that caused your loved one’s death. We will explain the legal options that your family has to seek compensation for your loved one’s medical bills, funeral expenses, as well as your pain and suffering. We apply 100 years of legal experience to each case we pursue.
While it may be difficult to contemplate the future after a family member’s death, it is important to consult with a wrongful death attorney as soon as possible after a fatal accident. A wrongful death lawsuit is a civil action heard in the District Court of Hidalgo County or the appropriate county. It is entirely separate from any criminal charges stemming from the accidental death, such as, for example, charges against a drunk driver who caused a fatal crash. A criminal conviction will not provide compensation to a family for their losses after the death of a loved one. The drunk driver may face both criminal prosecution and a wrongful death lawsuit.
Texas civil law permits two years from the date of your loved one’s death to file a wrongful death lawsuit in most cases. That time period is known as the statute of limitations for filing a lawsuit. Speaking with our compassionate and knowledgeable attorneys will give you the information you need to make a decision with your family’s future in mind.
With any fatal accident, the financial stakes are high. Insurance companies will try to settle the claim for the least amount possible to increase their profits. The insurance company will have lawyers protecting the company’s interests. You will need the help of an experienced wrongful death lawyer to negotiate on your behalf and prevent an insurer from taking advantage of you. Our attorneys will advocate for your interests to provide a secure future for your family.
What Types of Compensation May McAllen Families Seek in a Wrongful Death Lawsuit?
The types of damages that may be sought through a wrongful death lawsuit in Texas include:
- Financial losses including medical bills and funeral expenses;
- Loss of your loved one’s future earning capacity and household support;
- Pain and suffering, mental and emotional anguish;
- Loss of parental guidance, advice and instruction that a parent would provide a child;
- Exemplary damages may be sought in Texas in special circumstances when the cause of death involves gross negligence or willful misconduct such as a violent assault. Exemplary damages are also known as punitive damages.
Our attorneys can evaluate the details of the accident that took the life of your family member and advise you as to which types of compensation would be appropriate to seek.
Our law firm understands that your family may be experiencing financial stress after the loss of a loved one. We handle cases on a contingent fee basis. You have no out-of-pocket costs. We only receive compensation if we obtain money for you through an insurance settlement or a jury award.
Call Our McAllen Attorney for a Free Case Review of a Wrongful Death Accident
If you have lost a loved one in a fatal accident in McAllen or anywhere in the Rio Grande Valley, contact Herrman & Herrman P.L.L.C. for compassionate and knowledgeable guidance about the next steps to take. The consultation is free. Our law firm handles wrongful death cases involving car accidents, motorcycle accidents, construction accidents and other accidents involving wrongful conduct. Herrman & Herman has an office in McAllen to assist families in Hidalgo County and through the Rio Grande Valley.
Call us today.