Wrongful Death

Harlingen Wrongful Death Lawyers

Fighting for Family Survivors in Brownsville, Cameron County, & Hidalgo County, TX

The sudden loss of a loved one is an emotionally devastating experience that can leave surviving family members grappling with grief and financial hardship. The situation becomes even more distressing when the death is due to someone else's negligent or reckless actions, rendering such a loss a senseless event. 

At Ried Pecina Trial Lawyers, we understand families’ hardships in such circumstances and are committed to helping you seek justice. No amount of money can replace your loved one and what they brought to your family in terms of love, companionship, services, or financial sustenance. However, a successful wrongful death claim can provide economic stability, help ensure responsible parties are held accountable, and provide a measure of closure. 

Our team can help you and your family in the aftermath of a wrongdoing death by taking on the legal details in preparing, building, and presenting your claim. Because the opposing side will understand that we are more than ready to take your case to trial, they may be more amenable to settling outside of court for the fair and just compensation you are entitled to under Texas law. Should that fail, we will work aggressively to litigate your case in seeking the justice you deserve.

Discuss your case in a free consultation with a Harlingen wrongful death attorney. You can reach us via our online contact form or at (956) 225-2509. Hablamos Español.

Wrongful Death Claims in Texas

In Texas, wrongful death is defined as a death caused by the "wrongful act, neglect, carelessness, unskillfulness, or default" of another person or entity (Texas Statutes section 71.001). Wrongful death claims are civil lawsuits distinct from any criminal charges that may also be filed concerning the fatal incident.

In Texas, the deceased's spouse, children, and parents are legally allowed to file a wrongful death claim. If none of these individuals initiate a claim within three months of the death, the executor or personal representative of the deceased's estate may file a claim unless a surviving family member specifically requests otherwise.

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Survival Actions vs. Wrongful Death Claims

In Texas, wrongful death and survival cases are two separate legal avenues that families can pursue following the death of a loved one from negligence. Although they may seem similar, significant differences exist between the two.

A wrongful death action is a lawsuit filed by a deceased person's surviving spouse, children, or parents. This claim seeks compensation for the losses they have personally suffered due to the death, such as loss of companionship, mental anguish, lost earning capacity of the deceased, and lost inheritance. Punitive damages may be awarded if the death involved gross negligence or a willful act.

On the other hand, a survival action is like a personal injury claim that the deceased could have filed had they survived. The survival statute in Texas allows these claims to be pursued even after the victim's death, essentially allowing the claim to "survive" the victim. 

Unlike a wrongful death claim, a survival claim is typically filed by the deceased's estate representative. This type of claim seeks compensation for the losses the deceased person suffered from the time of injury until the time of death. These losses include medical expenses, pain and suffering, and lost wages.

Types of Wrongful Death Injuries

Any injuries stemming from negligence or the intentional misconduct of another can be cause for a wrongful death or survival action claim. Catastrophic injuries like brain, spinal cord, and severe burn incidents often result in legal claims. 

Cases involving wrongful death and survival claims can include:

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Hear from Our Clients

Providing Support Every Step of the Way

At Ried Pecina Trial Lawyers, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    “The folks at Pecina Law Firm are knowledgeable friendly and caring”
    The folks at Pecina Law Firm are knowledgeable friendly and caring. When choosing a lawyer you need someone who will treat you like you are more than a case number. That's where Juan shines. He may be a new face to the Valley legal experience, but his compassion and dedication to fight for your cause is what sets him apart from the rest. If you need
    - Brooke S.
    “Really takes care of your issues quickly and aggressively!”
    Our family’s go-to for legal/civil issues! Really takes care of your issues quickly and aggressively! Thank you Mr. Pecina for resolving my civil issue against someone who thought he could take advantage of yet another honest customer for the hundredth time, but not this time… too bad for him Pecina was called! 1000000% felt like Pecina had my back and handled it so professionally, perfectly, and aggressively! He is who you need!
    - Nelly E.
    “Took the time to explain everything each step of the way.”

    Contacted his office over a civil issue and got a quick result. The staff and Attorney were very responsive when I had questions about my case and took the time to explain everything each step of the way. The results were in my favor, I will always be thankful for resolving my issue and treating me like family.

    - Jorge E.
    “Contact them, it'll be the best decision you've ever made.”

    If you're looking for your average, run of the Mill law firm, Pecina Law Firm just isn't for you. If you're looking for a law from that specializes in your individual needs, and that genuinely cares about your specific situation, you have found the right place. Contact them, it'll be the best decision you've ever made.

    - Anna T.
    “Mr. Pecina was the only reasonable & honest attorney we encountered.”

    Mr. Pecina took care of me & my family. He treated us like we were a part of his family. I cannot stress how many different attorneys we spoke to who gave us a runaround & collected our money. Mr. Pecina was the only reasonable & honest attorney we encountered. He explained everything thoroughly & efficiently both in English & Spanish. It is difficult to find a bilingual law firm that is willing to work with & help out the little guy. Pecina Law Firm, PLLC is it. I cannot recommend this firm & its team enough. I will have Mr. Pecina do all of my legal work from now on & in the future. Thank you Sir for all of your help.

    - Slavko C.
    “They are an amazing team and will go the extra mile for their clients”

    The office is very welcoming and provides excellent customer service. They are an amazing team and will go the extra mile for their clients. I super recommend to anyone looking for help with legal matters! 

    - Gabriela R.
    “They were knowledgeable and provided exceptional customer service.”

    Great communication and answered all questions I had regarding an injury sustained as a result of a car accident. In addition, they were knowledgeable and provided exceptional customer service.

    - Nick Y.
    “100% recommend them. Don’t hesitate to contact them.”

    Best at what they do, 100% recommend them. Don’t hesitate to contact them for your law firm needs. Kassandra was the best at helping me with my questions and was very professional.

    - Shannon C.

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