You Need A Seasoned and Skilled McAllen Wrongful Death Attorney
Who is to blame for this?
How did the accident happen?
Do I have grounds for a wrongful death lawsuit to hold those responsible accountable?
The personal injury lawyers at J.A. Davis & Associates, LLP in McAllen are highly qualified legal experts, standing by your side when you need them most. We vigorously fight for our clients by taking on the insurance companies or bringing your case to court. One way or another, we will ensure that you receive a fair settlement by holding the at-fault party responsible. Call us today at (956) 994-0565
If you want to pursue legal action to punish the responsible party, Texas law affords the surviving family members the option to pursue financial restitution from the responsible party or parties. Wrongful death claims are meant to restore peace of mind and help the surviving family members in these challenging times to overcome the new challenges they are facing. If you think you can bring forth a wrongful death case because of someone’s negligent and careless actions that resulted in the loss of a loved one. We want to make sure you are as well informed as possible regarding the legal options you have and the hurdles you will face in order to succeed in your case and get the just compensation you have coming for the loss of your loved one.
Don’t forget the statute of limitations time limit. The State of Texas has set for personal injury cases, which also govern wrongful death claims is generally 2 years. You need to seek our legal representation before the clock runs out.
What Happened?
The death of a loved one can be caused by a car accident, truck accident, motorcycle accident, construction accident, any other workplace accident or drowning accident, to name just a few instances. Each of these scenarios is different, and they require specific litigation strategies. Our McAllen wrongful death lawyers know how to navigate the legal process and will fight for your rights.
Why Bring a McAllen Wrongful Death Claim?
There are two good reasons to sue when a person has lost his or her life in an accident. First of all, it opens the possibility for surviving family members to recover any property losses. Yes, it may seem strange because money may never replace the absence of a loved one or prevent the anguish that follows fatal accidents. After a fatal accident, surviving family members face high medical and other financial expenses, as well as other losses. There is also the lost income, present and future, to consider. There are funeral expenses that may be extremely expensive. To cover the cost of these expenses you must file a lawsuit. Bringing a claim against the defendant may aid you with the financial aspects of recovery. Getting compensated by the party or parties liable goes far to help the family members of the victim get back on their feet.
There is also the issue of punishing the liable party to ensure that no one else gets injured, like you and your family members. When you file legal action against the party or parties who caused the fatal accident, your loss is not suffered completely in vain.
Punitive Damages: In extreme cases where gross negligence, malice, or intentional misconduct can be substantiated. Punishing the perpetrators of the accident might lessen the likelihood that they will make the same errors of judgment in the future. You might be able to protect others having to go through what you’ve suffered.
When someone has been negligent, careless, or otherwise irresponsible and caused a death, he or she should be punished accordingly. If it weren’t for that party’s reckless behavior or decisions, your loved one would still be alive. Your wrongful death lawyer in San Antonio will investigate the cause of death and name the appropriate party as liable in your claim.
Vehicle Accidents Leading To Fatalities Are The Most Common Reason To Pursue A Wrongful Death Claim
Hidalgo County and McAllen 2023 Crash Statistics
Fatal Accidents: 74 crashes that took the lives of 84 individuals
Serious Injury Crashes: 303 of which left 389 drivers and passengers seriously injured
The main reason for these accidents is the usual culprits, – distracted driving, -speeding, -driving under the influence and others.
You Need Our McAllen Fatal Accidents Lawyers To Get Justice
Your own and your family members’ financial well-being might be threatened if you don’t handle it properly. Our fatal auto accident lawyers will give you the experience and knowledge to properly and duly carry out your wrongful death legal action.
The Purpose of a Wrongful Death Lawsuit in Texas There are three main purposes for the initiation of any wrongful death lawsuit in Texas:
Making sure the negligent party or parties responsible for negligent actions or inaction that led to the death of an innocent person are held accountable.
Using monetary punishment to force negligent parties to change their behavior so that fewer people suffer the same fate in the future.
Ensure that the loved ones of the victim get fair compensation so they are not subjected to financial stress as well as the mental trauma and emotional distress they are already experiencing.
Of course, no amount of financial compensation can come anywhere close to replacing a deceased loved one. If the deceased family member was the main provider, however, your family could possibly face some major financial problems.
Our McAllen wrongful death legal team can help alleviate the monetary problems you are going through. Our lawyers are passionate about helping ease the financial burdens faced by families who are going through an incredible loss. We not only want to make sure those responsible for your tragedy are brought to justice and held accountable for their wrongdoing. We also want to help you recover financially by getting the just restitution you have coming to you; you can concentrate on recovering, both emotionally and physically, from the loss you have experienced.
When someone has been negligent, careless, or otherwise irresponsible and caused a death, he or she should be punished accordingly. If it weren’t for that party’s reckless behavior or decisions, your loved one would still be alive. Your wrongful death lawyer in San Antonio will investigate the cause of death and name the appropriate party as liable in your claim.
General Damages Resulting From The Accident
Compensation From Wrongful Death Claims in McAllen
From a legal perspective, the term “damages” refers to financial compensation that the loved ones of a deceased family member can recover – not the actual harm that was experienced by the family member. In a comprehensive wrongful death civil suit, there are two kinds of damages that can be pursued: wrongful death and survival damages. Wrongful death damages are designed to provide compensation to a grieving family for the emotional and financial strain they have experienced since the death of their family member. Spouses, children, parents, and other dependents can all seek to obtain wrongful death compensation, and there can be multiple wrongful death damage claims in a single wrongful death lawsuit. Wrongful death damages that can be obtained include compensation for:
Who Can File A Wrongful Death Claim?
On the other hand, survival damages are designed for only the closest living relative to receive compensation. However, a victim’s brother or sister can only seek survival damages if he or she is the victim’s closest living relative. The right to pursue survival damages starts with the spouse and then goes to the children, parents, and siblings. Again, only one family member can pursue a survival damages suit, but all family members can seek to obtain wrongful death damages. These types of damages include:
Survival damages and wrongful death claims differ completely. They require completely different legal strategies in order to be successful. In addition, each plaintiff incurs a varying amount of damages, and therefore, each wrongful death damages claim has to be handled on an individual basis. Both of these forms of litigation – survival damages claims and wrongful death claims are very complex and intricate. That does not even take into consideration what you have to do to surmount the hurdles presented by the opposition’s defense lawyers. If you have no legal experience, you will have no chance of winning a lawsuit because you don’t have the required familiarity with the procedures involved. We have dealt with wrongful death litigation for two decades, and we’ve seen – time after time – unrepresented plaintiffs see their cases dismissed because of a legal technicality that unrepresented persons had no idea existed.
Please do not let this happen to you. The Texas wrongful death attorneys with our Law Office can protect your rights and help you obtain the compensation you have coming to you.
Call us today at (956) 994-0565
J.A. Davis & Associates, LLP in McAllen, a personal injury law firm, has the experience needed to ensure that all of the details associated with legal procedures are properly taken care of. We will cut off all the defense’s attempts at finding legal loopholes and make sure that those whose negligence resulted in your loved one’s death are held accountable. We do so not only to get you the compensation you deserve but also to make sure the negligent party changes its behavior so that no one else has to experience a similar kind of pain. That could be one way that at least a shred of something good might come out of the tragedy that robbed you of your loved one. We are not just interested in making money for our clients. We also want to help prevent accidents from happening down the road. This is a vital part of wrongful death law in Texas, and we are extremely passionate about it.
To schedule your no-cost case consultation with a McAllen wrongful death lawyer, fill out our contact form or give us a call at (956) 994-0565.