Fighting For What You Deserve!
WRONGFUL DEATH
Ryan knows that there is no pain like the loss of a loved one. In the face of tragedy, it can be difficult to know what step to take next or how to begin the healing process.
This is especially true when you lose a loved one as the result of someone else’s actions. The mental, emotional, and financial challenges that come with their loss can be overbearing. While no amount of money can ever replace a family member, at times, taking legal action against those who have caused you pain may be the best step to take in order to begin the healing process.
At the Law Office of Ryan C. Solis, PLLC, our compassionate McAllen wrongful death attorney is here for you when you need him most.
Ryan can help you and your family hold those accountable who have caused you to suffer such grief. Contact the Law Office of Ryan C. Solis, PLLC, at (956) 686-9600 for your FREE legal consultation today.
About Wrongful Death Claims in Texas
“A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or person’s agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”
You should also be aware, that in the State of Texas, eligible parties must file a wrongful death lawsuit within two (2) years of the decedent’s death. This two-year limit is known as the statute of limitations and begins at the date of death except in certain situations.
While it is completely understandable that you may be hesitant to file a wrongful death claim, please be aware that if you wait too long, you essentially forfeit your opportunity to seek damages for you and your family.
Who Can File a Wrongful Death Claim in Texas?
The Texas Civil Practice and Remedies Code Section specifies who can file a wrongful death lawsuit. In the State of Texas, these family members include:
- The spouse of the decedent.
- A child of the decedent that is over the age of 18.
- An adopted child if the adoption was legal and complete.
- Parents and adoptive parents.
These family members may file a wrongful death lawsuit individually or as a group.
Unfortunately, Texas law does not allow siblings or grandparents of the decedent to file a claim.
What Is a Survival Claim?
Survival claims are meant to compensate the estate of the decedent for the damages the individual suffered prior to death. In a survival claim, the focus is on the decedent and NOT the family. It is as if the decedent would have filed a personal injury claim for themselves.
A survival claim allows for a representative of the decedent’s estate to recover damages that may include but are not limited to:
- Medical expenses the decedent accrued prior to death
- Lost earnings
- Pain, suffering, and emotional harm the decedent experienced prior to passing
Representatives of the estate are generally the decedent’s child, a parent, or spouse. When there is no such representative, the probate court will appoint someone.
Wrongful Death Claims the Law Office of Ryan C. Solis, PLLC, Can Help You With
It takes a lot of effort and courage to file a wrongful death claim against those who have harmed you and your loved ones. Because of how serious these types of lawsuits are, Ryan wants to ensure that you are receiving dedication, care, and attention from our law firm that you deserve.
In order to meet your needs, know that he is capable of handling wrongful death claims involving:
- Motor Vehicle Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Commercial Vehicle Accidents
- Defective Products
- Automobiles
- Car seats
- Toys
- Machinery
- Tools
- Pharmaceuticals
- Oilfield Accidents
Proving Negligence in a Wrongful Death Claim
In order to prove that the incident that caused the death of your loved one was due to negligence, Ryan will work with a supporting team of medical professionals, accident reconstruction specialists, researchers, and other professionals to develop the strongest case possible for you.
With drive and resourcefulness, our McAllen wrongful death attorney can help prove that:
- The responsible party broke their legal duty of care.
- This breach of duty caused an actual injury.
- The decedent suffered actual damages as a result of the defendant’s negligence.
Because of the seriousness of a wrongful death claim, Ryan can carefully analyze every piece of evidence to fully understand the situation and help you secure full and fair compensation for the pain you have suffered.
What You Should and Should Not Do After a Wrongful Death Claim
Make sure to take into consideration the following tips to protect your wrongful death claim:
- You SHOULD file for life insurance benefits immediately. If the next of kin (wife, family, child, or executor of the deceased’s estate) fails to file a wrongful death claim in a timely manner, insurers may deceitfully delay, or even deny, the claim. What you’ll want to do is locate your loved one’s life insurance policy, as well as a copy of their death certificate, and file the claim as quickly as possible.
At the Law Office of Ryan C. Solis, PLLC, we understand that having to deal with the loss of a loved one can be unbelievably painful and that making a claim can be a challenge because of memories. However, it is important that you begin the process of filing a life insurance claim – and wrongful death claim – as soon as possible so that you are not denied your legal rights. - You SHOULD have the accident investigated. If there were no family members present at the time of your loved one’s death, you’ll want to work with a law firm who can begin to immediately investigate the incident with the help of investigators who can reconstruct the accident and secure important evidence.
- You SHOULD NOT just accept any settlement. Be careful to NOT accept any money from the party at fault, as this can prevent you from filing a lawsuit for additional compensation. Sometimes when an accident happens, you may be contacted by the owner of the property or business, or their insurance adjuster, and be offered a quick settlement. If this happens, immediately contact a law firm to help guide you through the matter at hand. Know your rights and don’t allow the party at fault to bully you into a quick settlement.
- You SHOULD check all other benefits. Unfortunately, many people are not aware of additional benefits that are covered by insurance, meaning there’s the potential for them to lose out on hundreds, or even thousands, of dollars. Our dependable and trustworthy McAllen wrongful death lawyer, Ryan C. Solis, can help you to understand what additional benefits you may be eligible to receive.
- You SHOULD NOT sign anything yet. On top of the overwhelming emotions you may be feeling because of the loss of a loved one, you may be overwhelmed with documents from various parties who are looking for you to sign their forms. While you will have to sign some legal documents in order to effectively receive death benefits and settle specific affairs, you’ll want to be careful with what you are placing your name on, so as NOT to lose the right to sue. If you’re not too confident on what it is that you should be signing, have Ryan look over them first.
- You SHOULD get the right team on your side! We know that right now you and your family are going through a hard time trying to make sense of everything, including having to deal with the legal and financial matters of losing a loved one, but our experienced lawyer can help.
- You SHOULD file for life insurance benefits immediately. If the next of kin (wife, family, child, or executor of the deceased’s estate) fails to file a wrongful death claim in a timely manner, insurers may deceitfully delay, or even deny, the claim. What you’ll want to do is locate your loved one’s life insurance policy, as well as a copy of their death certificate, and file the claim as quickly as possible.
Ryan C. Solis Fights Hard to Deliver the Justice You Deserve
When you choose Ryan as your attorney, know that you are choosing a defender of the people who is deeply invested in making sure you obtain the justice and recovery you so rightfully deserve. Our staff will:
- Fully and thoroughly investigate the circumstances of your wrongful death claim.
- Help you collect vital evidence to prove that the defendant acted negligently, including:
- Physical evidence
- Photographic or video evidence
- Accident reports
- Death certificates
- Eyewitness testimony
- Expert witness testimony
- Depositions
- Medical records
- Negotiate with insurance companies and other parties on your behalf.
- Prepare all legal documents and organize all records needed for your claim.
- Take your claim to court if necessary.
Through hard work and dedication to your case, Ryan will help to recover damages for, but not limited to:
- Cost of funeral and burial fees
- Loss of inheritance as a result of the death
- Loss of companionship, maintenance, services, and support
- Emotional pain and mental anguish
- Lost value of household services
- Punitive damages (if applicable)
Give our McAllen Wrongful Death Attorney a Call Today
If your family member lost their life as a result of another party’s actions, your family deserves an experienced attorney who can help them find justice for the pain done against them. Ryan will fight to make sure that those responsible for your loved one’s death are held accountable. Contact the Law Office of Ryan C. Solis, PLLC, at (956) 686-9600 for your FREE legal consultation today.
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