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Losing a loved one due to someone else’s negligence is an unimaginable tragedy. It disrupts lives in ways few can fully grasp, leaving families reeling with emotional pain, financial burdens, and deep anger. Unfortunately, while the law allows you to seek justice with a wrongful death claim, no other reprisals are permitted, and such claims are far from simple or automatic.
At Escamilla Law Firm, PLLC, we understand the depth of your loss and are here to help you take meaningful steps toward justice. If you're in McAllen or anywhere nearby in Texas and dealing with the loss of a loved one in an accident, John Escamilla is ready to stand by your side. With decades of experience serving families like yours, he is committed to helping you find accountability and compensation.
Here you will find a basic guide, walking you through the essentials of wrongful death claims in Texas, from eligibility to compensation, so you can focus on what matters most, mourning and honoring your loved one’s memory.
Under Texas law, a wrongful death occurs when someone dies due to another person’s or entity's negligence, recklessness, or intentional harm. Common cases in McAllen arise from car accidents, truck crashes, or workplace accidents, tragic events that often could have been avoided. Filing a wrongful death lawsuit enables families to hold those responsible accountable while alleviating financial stress by obtaining financial compensation.
If you are wondering whether you are eligible to file a wrongful death lawsuit in Texas, it is important to remember that this right is limited to specific family members: the spouse, children, and parents of the deceased. However, the claim is filed on behalf of the deceased’s estate, not any individual. If none of these choose not to act within three months, the estate’s executor may step in to file on behalf of the family unless they are expressly prohibited from doing so.
Wrongful death claims provide you with more than just monetary compensation; they offer an opportunity for justice and can serve as a powerful reminder that every life lost due to negligence deserves restitution, discouraging the negligent and reckless behavior that causes such senseless deaths.
Time matters deeply in wrongful death cases. Under Texas law, you generally have two years from the date of the individual’s death to file a claim. If you miss this window, you may lose your right to seek compensation, no matter how strong your case is.
That being said, there are exceptions, particularly in cases where the circumstances of the death were hidden or took time to uncover. Consulting with an experienced wrongful death attorney early can help you avoid the risk of missing deadlines while preserving critical evidence.
Understanding the local legal landscape in McAllen is equally important. Attorneys like John Escamilla utilize their knowledge of venues like the Hidalgo County Courthouse and area-specific nuances to guide grieving families with care and precision.
No matter how you may be feeling, if the idea of pursuing a lawsuit feels daunting, understanding the legal process can bring clarity and reassurance. Here’s an overview of what to expect in Texas:
Understanding the legal process can help provide clarity. Each case has unique challenges, and the timeline for concluding legal action can vary. Which is why it is important to partner with an attorney like John Escamilla, who will accompany you throughout the process, answering your questions and easing uncertainties.
While no amount of money can ever replace a lost loved one, wrongful death lawsuits provide you and your family with the financial stability needed to begin rebuilding your lives. Compensation is generally divided into three categories:
The amount of compensation families can receive varies significantly, depending on factors such as the deceased’s age, health, and life expectancy, as well as the circumstances of the accident. Settlements can range from thousands to millions of dollars, tailored to your needs, available insurance amounts, and the circumstances of your loved one’s death.
At Escamilla Law Firm, PLLC, we deeply understand that your pain cannot be quantified or resolved with legal action alone. Having served families in Texas, including McAllen, for over 20 years, John Escamilla is committed to standing with you during one of the most challenging times in your life.
John’s approach is anchored in a personal commitment to every family he serves. He values compassion, taking the time to listen closely to your story and tailoring his legal strategy to meet your priorities.
John Escamilla’s dedication and local expertise give him a unique edge in understanding the nuances of each case. Whether you’re seeking accountability after a car accident or grieving after a trucking collision, John’s personalized attention means you won’t face this journey alone.
Losing someone you love because of another’s negligence is a pain that no one should bear alone. When navigating the legal aftermath feels impossible, the Escamilla Law Firm is here to guide you, offering compassionate, dedicated legal help in McAllen or elsewhere in Texas. Taking action not only protects your rights but also honors your loved one’s memory by advocating for accountability and justice.
Call our office at (956) 618-4999 to arrange a consultation and take the first step forward. Let us walk this path with you, fighting for the justice, answers, and compensation your family truly deserves.
