The death of a loved one is a tragic and extremely emotional event for everyone from family members to friends, especially when the loss could have been avoided. When someone dies due to the negligent or careless actions of another, the suffering often feels more intense for people left behind. In Texas, grieving families can sue for wrongful death in such cases. A reputable attorney can handle wrongful death claims for family members who have lost loved ones due to the recklessness of another individual or organization.
Those left behind to grieve the loss of a loved one due to a wrongful death event face long-term emotional pain and suffering. Unfortunately, they also must deal with financial stressors such as funeral costs and loss of household income, compounding their anguish and personal burden. Filing wrongful death claims can help ease that burden because an attorney can advocate on behalf of the survivors, to uphold their legal rights during their time of personal grief and financial hardship. While legal action cannot bring back any loved ones nor sufficiently soothe the sense of loss, it could help in terms of getting justice under Texas law–families can secure financial compensation from the person, company, or other organization whose irresponsible actions lead to the death in question.
It is important to understand that grieving family members are subject to a statute of limitations for filing a wrongful death claim in the state of Texas. Any wrongful death claim must be filed within two years of the death of the family member. Note that there are some circumstances that will allow some flexibility when it comes to the statute of limitations for wrongful death cases in Texas. There are four exceptions under state law that might merit an extension beyond the two-year deadline for filing a claim. The exceptions that allow for an extended statute of limitations for wrongful death claims are:
- if the claimant was a minor at the time of death;
- if the specific responsible party or his/her role in the death is unknown;
- if the responsible party is found to have committed fraud; or
- if the claimant was unable to file within the time limit due to his/her own injuries or illness.
For more information regarding statutes of limitation in Texas, see Texas Legal Services Center’s article, “Statutes of Limitations in Civil Lawsuits,” at TexasLawHelp.org.
Texas wrongful death lawsuits are complicated–the applicable laws (including the statute of limitations and any potential exceptions) are complex and difficult to understand. Because of this, having an experienced wrongful death attorney on your side is key. A knowledgeable attorney will be able to navigate the legal system on behalf of the family and provide the legal guidance they need. Texas law allows families that file wrongful death claims to obtain compensation and move forward; so if you need the services of a caring and conscientious wrongful death attorney in McAllen, Texas, or the surrounding area, do not hesitate to reach out to Manuel “Manny” Guerra of Guerra Law Firm, P.C. He is the lawyer you can trust to help you with your wrongful death case in South Texas, so you can take the time you need to deal with processing your loss. Contact Guerra Law Firm, P.C. at any time online or by calling 956-618-2557 to schedule a free consultation.