Wrongful Death Lawyer Serving Brownsville

How We Prepare Wrongful Death Claims 

Cesar takes prompt action to investigate the incident, develop the available evidence, and prepare the claim for negotiation or litigation when appropriate:

• Investigating the cause of death: We review the accident scene, available safety records, police reports, witness accounts, and other evidence relevant to liability.
• Preserving available evidence: We can issue formal legal demands to preserve vehicle telemetry, corporate records, maintenance logs, and video surveillance before those materials are altered or removed.
• Evaluating economic losses: We evaluate lost income, benefits, earning potential, household contributions, and family support based on the facts and available documentation.
• Handling insurer communications: We manage communications and negotiations with insurance adjusters and defense representatives on your family’s behalf.
• Preparing for litigation: We prepare wrongful death claims with trial readiness in mind and can present a case in the appropriate court when necessary.

Who Can File a Wrongful Death Claim in Texas?

The Texas Wrongful Death Act generally allows a surviving spouse, surviving children, and surviving parents to bring a wrongful death action individually or for the benefit of all eligible beneficiaries:

• Surviving spouse: The lawful husband or wife of the deceased person.
• Surviving children: Biological and legally adopted children, including adult children and minors.
• Surviving parents: The biological or adoptive mother and father of the deceased person.

If no eligible beneficiary brings an action within three calendar months after the death, the executor or administrator generally must bring it unless all eligible beneficiaries request that it not be brought. Eligibility, estate involvement, and family circumstances require a case-specific review.

Fatal Incidents That May Lead to Wrongful Death Claims

Our firm represents surviving families in claims arising from serious incidents, including the following:

• Commercial truck crashes: Collisions that may involve driver conduct, vehicle maintenance, cargo handling, or company safety practices.
• Severe motor vehicle collisions: Fatal car crashes involving distracted driving, speeding, head-on impacts, or other negligent conduct.
• Drunk and impaired driving accidents: Crashes involving motorists operating a vehicle while impaired.
• Workplace and industrial incidents: Fatal events involving equipment, explosions, structural failures, or unsafe conditions at oilfields, refineries, plants, and construction sites.
• Pedestrian, bicycle, and motorcycle accidents: Fatal collisions involving people walking, cycling, or riding motorcycles.

Wrongful Death Claims & Survival Actions

Texas law recognizes two distinct claims after a fatal injury. A wrongful death claim addresses losses suffered by eligible surviving family members. A survival action is brought on behalf of the deceased person’s estate and addresses losses the person sustained between the injury and death.

Potential wrongful death damages:

• Loss of financial support: Income, wages, and financial contributions the deceased person would likely have provided.
• Loss of household services: The value of household work, childcare, maintenance, and other services previously provided.
• Loss of companionship and society: The loss of love, guidance, protection, and companionship experienced by eligible family members.
• Mental anguish: The grief and emotional suffering experienced by eligible surviving family members.
• Loss of inheritance: Assets or wealth the deceased person likely would have accumulated and passed to eligible heirs.

Potential survival action damages:

• Pre-death medical expenses: Medical care costs incurred between the injury and death.
• Pre-death pain and suffering: Physical pain and conscious suffering supported by the evidence.
• Lost earnings: Income the deceased person lost between injury and death, when supported by the facts.

Texas Wrongful Death Claim Deadlines

Texas law generally provides a two-year statute of limitations for wrongful death claims, measured from the date of death. Exceptions can affect the applicable deadline depending on the claim, parties, and circumstances.

A prompt review also matters because video, vehicle data, physical evidence, records, and witness recollections can become harder to obtain over time. We can review the facts and explain the next legal step for your family.