Laredo Wrongful Death Laws Explained: A Guide for Grieving South Texas Families

When a loved one dies because of another person’s negligence, family members in Laredo can seek compensation for their loss by filing a wrongful death claim. This money may help to replace financial contributions of a deceased household member, or it may compensate for noneconomic damages, including emotional suffering. There are numerous laws regarding wrongful death that a lawyer can help you understand before you file a lawsuit.

Scheduling a free consultation with the South Texas wrongful death attorneys at Carabin Shaw is the best way to find out whether you have a valid wrongful death claim. We offer our services on a contingency-fee-basis as well, so you don’t have to worry about upfront legal fees. In fact, you don’t pay us unless we win your case. Read our law firm’s client reviews to find out more.

A wrongful death lawsuit is a civil claim for damages resulting from the death of a loved one. Another person must have caused the death through negligence or intentional misconduct. While this person may have criminal charges pending, a crime is not necessary for a wrongful death claim in Texas. Civil court only requires that the defendant’s actions meet the four requirements of negligence to establish liability.

The requirements of negligence are:

• Duty of care
• Breach of duty
• Damages
• Causation

In Laredo, you will most likely file a wrongful death claim through the Webb County District Clerk’s office. Your lawyer will ensure you file your claim correctly, so you can pursue fair compensation for your losses. Although filing a claim is the first step in a wrongful death lawsuit, most cases are resolved out of court with a negotiated settlement. Hiring a competent legal team prevents you from making any mistakes that could lessen or eliminate your right to compensation.

Determining liability is one of the primary jobs of a Laredo wrongful death lawyer. He or she will consider all potentially liable parties and identify one or more parties responsible for your loved one’s death.

Evidence must show how the defendant’s actions were negligent, reckless, or malicious. They must have contributed to your family member’s death. Your Laredo lawyer might search for photographic evidence from the scene of the accident, interview witnesses, and search for documents that help your case.

Sometimes, more than one party is responsible for a wrongful death. Texas is a comparative fault state, and each liable party is proportionately responsible for paying the compensation that your attorney negotiates or the court orders. A claimant can collect damages even if they share in fault. However, they can only recover damages if their portion of fault is 50% or less.

You must file most wrongful death claims within a 2-year statute of limitations that begins on the date of death. However, there are many exceptions to this rule, which is why it is important to speak to a Laredo, Texas lawyer as soon as possible regarding your intentions to file a claim. Two years may seem like a long time, but it can pass quickly when you are dealing with the grieving process.

The Texas wrongful death laws that apply to your case will differ based on the type of case you file and the details unique to your claim. As a grieving family member, you may feel overwhelmed and stressed about figuring out how to proceed. Speaking to an attorney about your case will help you to better understand your legal timeline and what to expect throughout the civil litigation process.

If you’ve lost a loved one because of someone else’s negligence and don’t know what to do next, contact the legal team at Carabin Shaw. Our toll-free number is 1-800-862-1260, and someone is available to speak with you 24/7. Our English- and Spanish-speaking staff is compassionate and knowledgeable. You may also contact us online.

At Carabin Shaw, we will help you make smart legal decisions during this difficult time.

For more information:

• Cornell Law School
• WebbCountytx
• Texas Statutes 33