After losing a loved one in McAllen, you may have many questions about pursuing a wrongful death action. The team at D. Miller & Associates, PLLC® can do more than offer insight into your case. We can identify your losses, pursue the liable party, and advocate for what you need.
We offer free case evaluations where we can discuss your case’s potential. We can also explain the benefits of partnering with our wrongful death lawyers in McAllen.
We Encourage You to Consider Prompt Legal Action in McAllen
Wrongful death cases are governed by the statute of limitations outlined by Tex. Civ. Prac. & Rem. Code § 16.003(a). This statute provides claimants with a two-year window in which to file civil lawsuits. This statute of limitations is shorter than those provided in many other states throughout the U.S.
The statute of limitations isn’t the only time-sensitive aspect of wrongful death cases. These cases entail a good deal of investigation and research––both of which are time-consuming. By connecting with our team promptly, we can also start working on your case promptly.
We Advocate for McAllen Wrongful Death Claimants in These Situations
Tex. Civ. Prac. & Rem. Code § 71.002 notes that you can file a wrongful death case if another party’s actions caused your loved one’s passing. Since 2002, D. Miller & Associates, PLLC® has advocated for people who have lost loved ones due to:
- Medical malpractice: Medical professionals have a legal obligation to protect their patients from negligent or reckless behavior. A lack of preparation or knowledge in the operating room (for example) can have serious consequences.
- Automobile accidents: Texas saw 4,489 car crash fatalities in 2021, according to the Texas Department of Transportation. Our team can represent those whose wrongful death cases involve a range of vehicles, including motorcycles, cars, semi trucks, and more.
- Slips and falls: A wrongful death can occur anywhere. Slip and fall cases typically involve unsafe walkways and falling signage. Property owners can be held liable if they fail to keep their premises safe.
This isn’t a complete list of the wrongful death cases our team can work on. If you’re curious about your unique situation, connect with our wrongful death attorneys in McAllen. A lawyer can evaluate your case and determine if you have grounds to pursue a settlement.
Recoverable Damages in a McAllen Wrongful Death Case
Damages refer to the various losses you can pursue through a wrongful death claim or lawsuit. They include:
- Medical expenses: Prior to your loved one’s passing, they may have required medical care, such as hospice and life support.
- Mental anguish: Non-economic damages, which account for the emotional trauma of a wrongful death case, are important in cases involving wrongful death. These damages cover the emotional toll you’ve experienced by losing a close relationship.
- Funeral expenses: Burials and funerals aren’t cheap. A wrongful death settlement could cover the expenses associated with putting your loved one to rest.
Settlements vary between wrongful death cases. How much you can recover depends on:
- The outcome of a lawsuit or insurance negotiations
- The specific damages involved in your case
- The details of your loved one’s passing
- Whether your loved one contributed to their passing
A wrongful death lawyer in McAllen from our team can explain the specifics of your case, including how much you can recover.
Commonly Asked Questions about Wrongful Death Cases in McAllen
You may have these questions as you consider legal action:
Who Can Pursue Damages in a Wrongful Death Claim?
Generally, a wrongful death claim can be pursued by one of three parties, including the decedent’s:
If none of these groups apply, the executor of the decedent’s estate can file. They can generally do so after 90 days of the decedent’s death if no other family members act.
Who Can Be Held Liable for a Wrongful Death?
Liability is a crucial element of wrongful death cases. To successfully pursue a settlement, we must prove that another party was responsible for your loved one’s passing.
The liable party in your case could be:
- Another driver on the roadway
- A medical practitioner
- A trucking company
- A product manufacturer
- A property owner
- Another relevant party
How Can My Lawyer Establish Liability in My Wrongful Death Case?
Establishing liability is a two-step process. First, your lawyer will find evidence to support your case. These items may include:
- Your loved one’s medical records
- Footage of your loved one’s accident
- Photos of the accident scene
- Eyewitness statements
- Expert testimony
- Other forms of evidence relevant to your case, such as your loved one’s death certificate
Then, your lawyer can use this evidence to work to establish the four elements of negligence, which include showing that:
- The other party owed your loved one a duty of care.
- They failed to uphold this duty of care.
- This failure caused your loved one’s passing.
- You have various damages as a result.
Proving negligence applies to both insurance claims and lawsuits. If you have any questions about proving negligence in your wrongful death case, you can consult our team to learn more.
Our Wrongful Death Attorneys Serving McAllen Can Manage Your Case
If you work with us, we will:
- Communicate with the parties involved in your case
- Answer your complicated legal questions
- Schedule your doctor’s appointments, regardless of your insurance status
- Build your case
- Return your phone calls, emails, and texts in a timely manner
We know how difficult it is to lose a loved one. To help you navigate this difficult time, we have two goals. One, we want to make your life easier. While you shoulder the burden of moving on with your life, we’ll deal with the trickier aspects of your wrongful death case. Two, we’ll do everything in our power to recover what your family needs.
Contact Our Wrongful Death Team Serving McAllen Today
Our team is ready to receive your call. We can review your case free of charge. During your initial case evaluation, we’ll happily discuss the details of your case with you. We’re prepared to investigate your case and push for the best settlement possible.
Remember, you don’t need to go at it alone. You’re entitled to legal representation from a McAllen wrongful death lawyer. Contact D. Miller & Associates, PLLC® to learn more.