Del Rio Legal Right to Represent the Deceased

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In Texas, the spouse, children or parent of the deceased holds the legal right to represent their deceased family member. These individuals also hold the right to file a claim for the wrongful death of their loved one. At Carabin & Shaw, our knowledgeable attorneys serving Del Rio and the surrounding areas are here to help if you are ready to take action on behalf of your loved one.

Wrongful death is defined as any death caused by the negligence or misconduct of another party. To successfully defend a wrongful death case, plaintiffs must prove the following four major factors:

  • The death was caused by the defendant’s wrongful act
    • This applies to deaths caused in whole or in part by the defendant
  • The death directly resulted from the defendant’s negligence, carelessness, failure to fulfill an obligation, or unskillfulness
  • The death resulted in significant monetary damages to surviving family members
  • The death has directly affected the surviving members of the victim’s family

Some examples of scenarios that can potentially constitute wrongful death in Del Rio include:

  • Medical malpractice (incorrect diagnosis, surgical mistakes, improper treatment, etc.)
  • Vehicular accidents (including car, truck, or motorcycle accidents)
  • Construction, oilfield, or other workplace accidents
  • Defective products
  • Premises liability
  • Fires
  • Gunshot wounds
  • Drunk driving

Wrongful deaths are always tragic, especially since these types of death could have been prevented. Family members of the deceased are left to pick up the pieces after their loved one dies wrongfully, and many choose to pursue a wrongful death case in search of justice for the deceased. You may be wondering, just who in Del Rio legal right to represent the deceased?

If someone dies as the result of another party’s negligence, who has the right to file a lawsuit on their behalf? If you would like to file a wrongful death claim and request compensation for the deceased’s wrongful death, you as plaintiff must be a statutory beneficiary under the Texas (and consequently Del Rio) statue (children, adopted children, spouse, parents, adoptive parents, foster parents, or grandparents).

Additionally, the court takes the following factors into account when determining the amount of compensation you are entitled to:

  • Were you financially dependent on the deceased?
  • How many expenses were incurred by survivors for medical and/or funeral costs?
  • How much money was held by the deceased?
  • How much are the survivors afflicted by the loss of companionship?

To exercise your Del Rio legal right to represent the deceased, contact our firm to speak with an attorney today. Our team of experienced wrongful death attorneys may be able to help you obtain compensation beyond that which is offered through insurance claims.

At Carabin & Shaw, every client and every case is important to our Del Rio attorneys, but we take wrongful death cases especially seriously. We’ve successfully handled hundreds of these types of cases during our fifteen years of serving the Texas community, working diligently to obtain the best possible settlements for our clients.

If your spouse, child, or parent has died wrongfully, you’ve gone through one of the most devastating losses imaginable – and you deserve a qualified, professional, and passionate attorney who will treat your case with exceptional care. Let us help you secure the compensation to which you’re entitled, as well as justice for your loved one. We can help you find a path forward in this difficult time.

Call Carabin & Shaw’s attorneys anytime and receive a free consultation with our dedicated and compassionate Del Rio insurance claim lawyers by dialing 1.800.862.1260. For more information on your Del Rio legal right to represent the deceased and on wrongful death in general, visit

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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