Wrongful Death

Wrongful Death Damage Awards

A surviving spouse, child, or parent may file a wrongful death lawsuit in Texas civil court. The statute of limitations for filing such a claim in the state is 2 years from the date of the person’s death. Note that if none of the surviving individuals file a claim within 3 months of the date of death, the personal representative (“executor”) of the deceased’s estate may file the claim instead, unless the family members specifically instruct otherwise.

In a successful wrongful death claim, the surviving spouse, children, and parents may receive damages for their losses resulting from the wrongful death.

‍Some examples of damages that may be compensated for include:

• lost earning capacity;
• lost care, maintenance, services, support, advice, and counsel the deceased would have provided their surviving family members;
• pain and anguish experienced by the surviving family;
• lost love, companionship, comfort, and society; and
• lost inheritance, including what the deceased would likely have saved and left to surviving family members if they had lived.

The court may also order exemplary damages (also called "punitive damages") if the death was the result of a willful act or omission or gross negligence. While the above damages are meant to compensate the surviving family members for losses associated with the death, punitive damages are meant primarily to punish the wrongdoer and deter others from similar conduct.

If your loved one has experienced a wrongful death in McAllen, Texas, do not hesitate to contact the Omar Ochoa Law Firm for legal help to file your claim for damages. While you may be going through a difficult time mentally and emotionally, we can be your crutch and counsel you through the litigation process from start to finish. We will fight genuinely and aggressively for your right to compensation, especially as wrongful death has lain an unfair blow on you and your family.

What Constitutes a Claim of Wrongful Death?

Any survivors of a deceased person have the right to file a wrongful death claim if they believe the person died of another party’s accidental, negligent, or intentional act. Under Tex. Civ. Prac. & Rem. Code §§ 71.001 to 71.003, “wrongful death” occurs when:

• the injury causes a person's death or a fetus's failure to be born alive;
• the injury is caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default; and
• the injured person would have been entitled to file a personal injury lawsuit had they lived or been born alive.

Wrongful death lawsuits may be grounded in one of several types of incidents, such as medical malpractice or car accidents.