A wrongful death claim is a type of personal injury lawsuit filed when someone is killed
because of negligence. If your loved one died because of someone else’s actions, a McAllen wrongful death attorney can help you hold the guilty party responsible in civil court.
At the Law Office of Raúl A. Guajardo, PLLC, we have two goals in a wrongful death claim:
- Help loved ones recover compensation for damages caused.
- Force the negligent party to change their ways and prevent future injury and loss.
We understand that after the loss of a loved one, the complexities of a lawsuit are overwhelming for grieving families. Our McAllen accident attorney places a high priority on providing caring, compassionate legal assistance to minimize the burden of this process on the victim’s loved ones.
Causes of Wrongful Death Claims
The most important element of a wrongful death claim in South Texas is the circumstances of how the victim died, rather than the cause of death. Tragic accidents can occur without negligence of having played a role. However, any death caused by negligent actions or the failure to provide reasonable care to prevent harm can be grounds for a possible wrongful death lawsuit.
Some of the most common situations that lead to these types of claims include:
- Car accidents
- Truck and 18-wheeler accidents
- Motorcycle accidents
- Boating accidents
- Drunk driving accidents
- Defective products
- Premises liability
- Criminal acts
- Medical malpractice
- Work accidents
- Oilfield accidents
- Construction accidents
While these are the most common situations, they are by no means the only ones that can lead to a wrongful death claim. If you have questions about whether your loved one’s case qualifies, our McAllen personal injury attorneys can evaluate the situation and offer advice on whether a claim is possible.
Wrongful Death Compensation in Texas
There are several types of compensation that family members can seek in a wrongful death claim, including:
- Pecuniary damages. This refers to the economic losses family members will endure, including medical and funeral expenses, as well as loss of maintenance, support, care, services, and counsel that they would have received from the decedent.
- Loss of companionship. This is the loss of the love, comfort, and companionship for family members as a result of their loved one’s death.
- Pain and suffering. This refers to the emotional and mental anguish the family experiences as a result of the death.
- Punitive damages. These damages are intended not just as compensation for the family but also as punishment for the guilty party. This is typically only applicable in cases when the action that caused the death is found to be intentional or grossly negligent.
Get Help From a Texas Wrongful Death Attorney Today
The Law Office of Raúl A. Guajardo believes everyone deserves strong legal representation from a committed lawyer. We provide caring, experienced assistance to the families of wrongful death victims in the McAllen area and throughout South Texas. If your loved one was killed because of someone else’s negligence, don’t delay. Contact us today for a free, confidential consultation.