How to Pursue a Wrongful Death Claim in South Texas

Husband carrying ashes

A wrongful death claim arises when an individual dies due to the negligence or intentional actions of another party. In South Texas, these claims are governed by specific statutes that outline the legal framework for pursuing compensation. Essentially, a wrongful death claim seeks to provide financial relief to the surviving family members for their loss.

Who Can File a Wrongful Death Claim?

In Texas, not everyone is eligible to file a wrongful death claim. The law specifies that only certain family members and representatives of the deceased's estate can initiate such a claim. Primary beneficiaries typically include the deceased's spouse, children, and parents.

These individuals have the first right to file a claim and seek compensation for their loss.

Secondary beneficiaries, such as siblings or more distant relatives, may also have a role in a wrongful death claim, but their rights are generally subordinate to those of primary beneficiaries. In some cases, if the primary beneficiaries choose not to file a claim, secondary beneficiaries may step in.

Additionally, a personal representative of the deceased's estate can file a claim on behalf of the estate. This representative is often appointed by the court and acts in the best interests of all beneficiaries. Knowing the eligibility criteria helps ensure that the right parties are involved in the legal process, thereby strengthening the claim.

Statute of Limitations in Texas

One of the most critical aspects of pursuing a wrongful death claim in Texas is understanding the statute of limitations. This legal time frame dictates how long you have to file a claim following the death of a loved one. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of death. Failing to file within this period can result in the forfeiture of your right to seek compensation, making it imperative to act promptly.

However, there are exceptions and special circumstances that can extend the statute of limitations. For example, if the death resulted from a crime, the statute of limitations might be tolled until the criminal case is resolved.

Contact Our Skilled Attorneys at Gonzalez and Associates P.C.

At Gonzalez and Associates P.C., we are committed to helping families in Eagle Pass, TX, and the surrounding areas pursue justice and secure the compensation they deserve.

Our experienced attorneys understand your emotional and financial challenges, and we are here to provide the support and expertise you need.

Contact us today to schedule a consultation and learn more about how we can assist you with your wrongful death claim. Let us help you take the first step towards achieving justice and securing the financial support you need to move forward. (830) 445-2035

Share To: