Wrongful Death - The Law Office of Ryan C. Solis
WRONGFUL DEATH
There is no pain like the loss of a loved one. It is difficult to know what step to take next or how to begin the healing process following a tragedy.
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 guilty parties accountable after they’ve caused you to suffer such considerable grief. One of the first steps toward this goal is filing a Wrongful Death Claim.
About Wrongful Death Claims in Texas
As per Section 71.001 of the Texas Civil Practice and Remedies Code:
“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.
*Decedent is the legal term for a deceased person
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 who 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 from the decedent's passing and time off for grief
- Pain, suffering, and emotional harm the decedent experienced
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.
Give our Rio Grande Valley Wrongful Death Attorney a Call
To learn more in-depth information about Wrongful Death cases, please visit our blog or give us a call.
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.