Brownsville Wrongful Death Lawyers

How Wrongful Death Cases Work in Brownsville

Texas wrongful death laws allow certain family members to bring legal action when their loved one is killed due to someone else’s negligence or misconduct. The surviving family members, not the deceased victim, are considered the plaintiffs in the case.

To have a valid claim, the plaintiffs must show that the defendant’s negligent or reckless actions directly caused their loved one’s death. Simply proving that the defendant acted carelessly is not enough. The plaintiffs must establish a direct link between the misconduct and their family member’s fatality.

If successful, the family members can recover damages that aim to compensate them for their loss. However, the settlement cannot include damages that the deceased victim would have been able to recover if they survived. Wrongful death claims are for the surviving family members only.

Steps in a Brownsville Wrongful Death Lawsuit

The steps involved in a Texas wrongful death claim include:

• Filing a Claim – The plaintiffs start the process by filing a lawsuit in civil court naming the negligent party as the defendant. This must be done within a limited timeframe after the death.
• Investigating the Incident – Extensive investigation is done to establish exactly what led to the death and who should be held responsible. Police reports, expert analysis, witness statements and other evidence is gathered.
• Settlement Negotiations – Many cases settle through negotiations between the plaintiffs’ lawyers and insurance companies before going to trial. If a fair settlement cannot be reached this way, a trial will proceed.
• Trial Proceedings – Both sides present evidence and arguments before a judge or jury aiming to prove their version of events. Witnesses may be called to testify.
• Verdict and Damages – If the jury or judge sides with the plaintiffs, they will award damages to compensate the family for losses tied to their loved one’s death.

While a settlement or verdict cannot erase the grief of losing someone, it provides surviving family members with financial resources to move forward. Our experienced Brownsville wrongful death lawyers know how to build a compelling case to help families obtain justice.

Understanding What Leads to Fatalities in Brownsville

Many types of negligence and misconduct can lead to a wrongful death in Brownsville. Some of the leading causes of accidental fatalities in Texas include:

• Motor Vehicle Crashes – Over 3,600 lives are lost to car, truck and motorcycle collisions on Texas roads each year. Speeding, drunk driving and reckless behaviors are major contributors.
• Poisoning – Nearly 1,500 fatalities stem from accidental poisoning. This includes overdosing on prescription or illegal drugs. Negligent medical care or irresponsible prescriptions can be tied to some poisoning deaths.
• Falls – Around 1,000 Texas residents die from an accidental fall annually. Trip and fall cases often occur in public places that failed to eliminate known hazards.
• Drowning – Texas sees over 600 unintentional drowning deaths per year. Insufficient pool security, unsafe boating practices and other factors play a role.
• Firearm-Related – More than 1,400 lives are lost to firearms unintentionally or through assault and other crimes. Gun owners, sellers and manufacturers can be held liable in some cases.

In addition to negligence and misconduct, wrongful death can also stem from intentional violence, medical malpractice, defective products, workplace accidents and more. Our knowledgeable Brownsville wrongful death lawyers can help determine if your case meets the legal criteria.

Brownsville Wrongful Death Facts and Figures

Some key statistics related to accidental fatalities in Brownsville and Cameron County include:

• Over 100 people lose their lives in motor vehicle crashes in Cameron County each year.
• Cameron County sees nearly 10 bicyclist and over 50 pedestrian fatalities in traffic accidents annually.
• Accidental falls account for nearly 40 deaths of Brownsville residents each year.
• Over 15 drowning fatalities occur annually in Cameron County.
• 5% of all workplace deaths in Texas occur in Cameron County.

Even a single wrongful death is one too many. Our Brownsville wrongful death lawyers are committed to helping families find accountability. A financial recovery can provide long-term security and a sense of closure.

Source: https://www.iihs.org/topics/fatality-statistics/detail/motorcycles-and-atvs, https://www.cdc.gov/injury/wisqars/pdf/leading_causes_of_death_by_age_group_2017-508.pdf, https://www.tdi.texas.gov/wc/safety/sis/documents/2021nfnwrlse.pdf

Who Has Standing For a Wrongful Death Lawsuit?

Texas law defines which family members have legal standing to file a wrongful death claim after losing someone they love. The following relations typically qualify as wrongful death plaintiffs:

• Spouse – A husband or wife is usually first in line to bring a claim. This includes common law marriage partners in some cases.
• Children – Biological and adopted children of the deceased have standing to file a lawsuit.
• Parents – If there is no surviving spouse or child at the time of death, parents can pursue a claim.
• Siblings – Brothers and sisters may file a claim if there is no living spouse, child or parent of the deceased victim.

Others who were financially dependent on the deceased victim, such as a fiancé, may also potentially file a wrongful death claim. Our experienced attorneys can assess your specific family relationship to determine if you qualify to move forward legally.

Building a Strong Wrongful Death Case in Brownsville

Successfully holding negligent parties liable relies heavily on building a compelling claim backed by persuasive evidence. This is where an attorney’s skill and experience becomes crucial.

Key steps our Brownsville wrongful death lawyers take when building a case include:

• Thoroughly investigating how and why the death occurred. We gather police reports, autopsy findings, video footage, witness accounts and other evidence.
• Consulting medical and technical experts to analyze details and reproduce the events scientifically. Their expert testimonies strengthen our case.
• Proving recklessness and negligence such as dangerous driving, inadequate security, improper training, faulty product designs, or preventable medical errors that led to death.
• Linking the defendant’s actions directly to the cause of death. Simply showing they acted negligently is not enough. We must prove their specific actions or inactions resulted in the fatality.
• Calculating and documenting all damages from lost income, benefits, household services, companionship and other losses tied to the wrongful death.

Successfully holding negligent parties fully accountable takes in-depth legal knowledge. Our Brownsville wrongful death attorneys have helped numerous families find justice. We know how to build strong cases.

Maximum Possible Compensation After a Wrongful Death

There is no limit on the total amount of damages that can potentially be recovered in a Texas wrongful death case. The precise value depends on the losses and hardships that surviving family members face due to their loved one’s death. Some of the damages that our Brownsville wrongful death lawyers pursue include:

What Settlements May Cover After a Wrongful Death

• Lost income the deceased would have earned, if employed.
• Loss of benefits and retirement funds.
• Costs associated with the victim’s funeral and burial.
• Grief counseling and therapy for family members.
• Loss of household services the victim used to provide.
• Loss of companionship, guidance and nurturing.
• Loss of inheritance funds the victim would have accumulated.
• Pre-death medical expenses tied to fatal injuries.
• Physical pain and suffering experienced before death.
• Property losses stemming from the fatal incident.
• Securing fair compensation relies on having detailed financial documentation, so it is important to retain skilled legal counsel promptly. Our team can compile all the data needed to demonstrate losses and justify the full scope of your family’s damages.

Pursuing Financial Recovery For Your Loved Ones

Losing someone close to you often means losing financial stability and security alongside them. When a wrongful death occurs, obtaining a settlement or court award helps surviving loved ones rebuild and recover.

If achieved, compensation can assist family members with:

• Paying for medical and funeral bills related to your loved one’s death.
• Covering loss of income that your loved one would have earned.
• Providing funds to pay off debts your loved one leaves behind.
• Financially supporting minor children and dependents.
• Obtaining professional grief counseling and therapy.
• Making modifications needed to live with a disability stemming from the fatal incident.
• Replacing property that was damaged or lost due to the defendant’s actions.

While money can never replace your loved one, it can help you move forward in their absence. Our wrongful death lawyers know how to fight for maximum compensation through settlements or jury awards.

Reaching a Settlement For a Wrongful Death

Many wrongful death claims settle out of court when negotiations result in a satisfactory offer. Settlement meetings often involve going back-and-forth with insurance providers. Companies want to pay as little as possible, but our lawyers know how to negotiate firmly for full and fair settlements.

Key factors that influence wrongful death settlement amounts include:

• Strength of evidence proving liability – Cases with convincing police reports, eyewitnesses, and expert analysis often settle for larger amounts. Weak evidence leads to lower offers.
• Prior negligence – Defendants with past safety violations, complaints or accidents may offer more to avoid publicity of a trial. Their reputation is at stake.
• Injuries to survivors – Settlements tend to be higher if other family members were seriously injured in the same incident.
• Financial losses – Large lost income, benefits, services and inheritance lead to higher offers. Plaintiffs must document losses meticulously.
• Number of beneficiaries – Cases with several surviving dependents often settle higher due to the widespread losses.

While settlements provide resolution more quickly, our Brownsville attorneys take cases to trial if a satisfactory offer cannot be secured. Either way, our sole focus is on helping your family recover fair compensation.

Time Limits For Filing a Claim After a Wrongful Death

Texas wrongful death laws impose strict filing deadlines. This is important, because missing the deadline results in forfeiting legal rights entirely.

Specifically, claims must be filed:

• Within 2 years from the date of death if filing against a private individual, corporation or entity.
• Within 1 year if the claim is against a city, county or other government agency.
• Within 5 years for a wrongful death tied to medical malpractice.
• Within 2 years if bringing a survival action claim on behalf of the deceased victim’s estate for damages suffered before death.

Meeting these cutoffs requires swift and strategic legal action. Our attorneys immediately initiate the steps needed upon retaining us so no deadlines are missed. We also know how to request deadline extensions in some cases. Time is of the essence, so contact us promptly after losing a loved one in a preventable accident.

How Thompson Law Can Help With Wrongful Death Cases

Call Our Brownsville Wrongful Death Lawyers Today

At Thompson Law, our Brownsville wrongful death lawyers have assisted numerous families across Texas over the years. Clients turn to us because we have a proven record of success in these sensitive cases. We take on each case with compassion and treat victims like valued family members.

Some of the ways our Brownsville wrongful death lawyers can help include:

• Saving families from stress by handling communications and complex legal processes for them.
• Explaining the strengths and weaknesses of your case so you can make informed decisions.
• Gathering police reports, video footage, medical records, autopsy findings and other evidence.
• Consulting medical, financial and vocational experts to support and strengthen your claim.
• Negotiating persistently with insurance providers to secure full and fair compensation.
• Taking cases to trial when fair settlements cannot be reached outside court.
• Helping you prioritize your family’s health and grieving process as we handle legal matters.
• Getting you the justice, accountability and financial recovery you deserve after losing someone.

Our Brownsville wrongful death lawyers are standing by to support and advise you after a tragic loss. Reach out anytime for a FREE CONSULTATION on your legal options.

Frequently Asked Questions About Fatality Claims

Losing a loved one raises many questions and uncertainties about your legal options. Our Brownsville wrongful death lawyers are always available to help. Some frequent questions we receive include:

What Does “Wrongful Death” Actually Mean?

A wrongful death occurs when someone passes away due to the negligent or intentional actions of another party. Claims focus on how the misconduct of an individual or corporation led to the death.

What Are Some Common Examples of Wrongful Death?

• Fatal car, truck or motorcycle collisions caused by drunk, reckless or negligent drivers.
• Medical negligence such as surgical errors and medication overdoses.
• Accidental shootings caused by someone mishandling a firearm.
• Fatal premises liability accidents resulting from poor security, hazardous property conditions, inadequate lighting, or lack of proper warnings.
• Workplace accidents due to lack of training, equipment defects, or failure to follow safety protocols.

Who Is Eligible to File a Wrongful Death Lawsuit?

Immediate family members like spouses, children and parents typically have legal standing to file a wrongful death claim after losing their loved one. Our Brownsville wrongful death lawyers can advise you based on your specific family relationship.

Possible Outcomes of Your Wrongful Death Case

• Settlement – The claim resolves through a negotiated settlement agreement prior to trial.
• Jury award – A judge or jury decides on damages after a full trial.
• Case dismissal – The court dismisses the case if negligence cannot be proven.
• No compensation – Even if negligent, the at-fault party may lack sufficient assets or insurance coverage.

What Is the Difference Between a Murder and a Wrongful Death?

Murder is a criminal charge levied by a prosecutor against the party who intentionally and unlawfully killed the victim. Wrongful death is a civil claim brought by family members seeking compensation for losing their loved one. The two may occur simultaneously.

What Types of Compensation Could I Recover?

• Lost income and employment benefits.
• Funeral and burial costs.
• Loss of household services.
• Loss of family companionship.
• Pre-death medical bills.
• Counseling costs.
• And more.

Full financial recovery takes strategic negotiation and skill. Our Brownsville wrongful death lawyers know how maximize compensation for your whole family.

What must be proved in a wrongful death case?

The at-fault party’s negligence or misconduct directly led to the death. Just proving negligence alone does not suffice. The actions must have definitively resulted in the death.

Is a wrongful death lawsuit a criminal or civil case?

Wrongful death claims are civil lawsuits brought by family members seeking compensation. They are entirely separate from any criminal charges the at-fault individual may face.

Can a Corporation be Held Liable for a Wrongful Death?

Absolutely. Companies and government agencies can be sued and held financially liable if the negligent or reckless actions of their employees or policies resulted in a wrongful death.

Can a Minor Child Recover for the Wrongful Death of a Parent?

Yes. Minor children are often entitled to recover damages in a wrongful death claim after losing a parent. Experienced attorneys ensure funds are properly managed on the child’s behalf.

How Long After My Relative’s Passing Do I Have to File a Wrongful Death Action?

Deadlines range from 1-5 years depending on the case specifics. Contact our attorneys immediately so no deadline is missed and your family’s rights are protected.

Our Brownsville wrongful death lawyers are always available to answer your questions during this difficult time. Do not hesitate to reach out. We are happy to guide you through your legal options at no risk or cost.

Wrongful Death FAQs