Losing a family member in a crash or accident that should never have happened is devastating. No lawsuit can bring your loved one back, but a wrongful death claim can hold the responsible party accountable and give your family financial security. Attorney Oscar Longoria represents grieving families across Hidalgo and Starr Counties with care and respect.
Who Can File a Wrongful Death Claim in Texas?
The Texas Wrongful Death Act allows these family members to bring a claim:
- The surviving spouse
- The children, including adult children and adopted children
- The parents, including adoptive parents
Brothers, sisters and grandparents generally cannot file a wrongful death claim. If none of the eligible family members files within three months of the death, the executor or administrator of the estate may file, unless the family asks them not to.
Wrongful Death and Survival Claims
Texas law recognizes two kinds of claims after a death:
- Wrongful death claim: compensates the family for its own losses, such as lost financial support, lost care and companionship, and mental anguish.
- Survival claim: brought on behalf of the person's estate for what the person suffered before death, such as medical bills, pain and suffering, and funeral expenses.
Many cases include both.
Common Causes of Wrongful Death
- Car, 18-wheeler and motorcycle crashes
- Drunk driving accidents
- Pedestrian accidents
- Workplace and oilfield accidents
- Unsafe property conditions and inadequate security
How Long Does a Family Have to File?
In most cases, a Texas wrongful death lawsuit must be filed within two years of the date of death. Claims involving a government entity may require written notice within six months or less. Because evidence fades quickly, it helps to speak with a lawyer early, even while your family is still grieving.
How We Help Families
- We handle the investigation, insurance companies and paperwork so your family can focus on healing.
- We identify every source of insurance and every responsible party.
- We explain each step in English or Spanish.
- You pay no attorney's fee unless we recover for your family.
Related Pages
Personal Injury Lawyer in Mission, TX18-Wheeler and Truck Accident LawyerCar Accident LawyerWorkplace Injury Lawyer
Talk to a Mission Personal Injury Lawyer for Free
Call 956-630-LAWS (5297) or fill out the form on this page. Your consultation is free, and you pay no attorney's fee unless we recover for you. Depending on your fee agreement, you may still be responsible for court costs and case expenses. Se habla español.
Call 956-630-LAWSFree Case ReviewAttorney responsible for this content: Oscar Lee Longoria Jr., Law Office of Oscar Longoria, PLLC, 2028 E. Griffin Parkway, Mission, Texas 78572.