When you lose a loved one because of someone else’s negligence or wrongful act, the grief is overwhelming. The legal process can feel equally daunting. At the Law Offices of Ignacio G. Martinez, we’ve spent 17 years standing by families in Brownsville during their darkest times. We view every client as family, and we understand that pursuing a wrongful death claim isn’t just about compensation: it’s about holding those responsible accountable and helping you secure closure.
This guide explains what wrongful death claims in Brownsville involve, who can file them, important deadlines, what you must prove, and what kinds of compensation are available.
What Is a Wrongful Death Claim?
In Texas, a wrongful death claim arises when someone dies because another party’s wrongful act, neglect, or carelessness caused the death. This is a civil claim, separate from criminal prosecution. Even if the person who caused the death is never criminally charged or convicted, a wrongful death lawsuit allows the decedent’s family to seek justice and financial recovery.
Filing a wrongful death claim isn’t about “winning against grief”—it’s about seeking justice, ensuring accountability, and securing financial support for the surviving family members who depended on the deceased.
Who Can File a Wrongful Death Claim in Brownsville / Texas?
Texas law limits who can legally bring a wrongful death claim. Typically, only the following are eligible:
- The deceased person’s surviving spouse
- Their children (biological or legally adopted)
- Their parents (if there’s no surviving spouse or child)
- The personal representative (executor or administrator) of the deceased’s estate — only under certain conditions, usually if no primary beneficiaries file within a set period.
It’s important to know that siblings, grandparents, step-relatives, friends, or unmarried partners (unless legally recognized) generally cannot file wrongful death claims under Texas statute.
Act Quickly or You Lose Your Right
One of the most critical aspects of a wrongful death claim is the statute of limitations. In Texas, families usually have two years from the date of the person’s death to file the claim.
Failing to file within this window almost always means giving up the right to recover compensation. That’s why it’s crucial to consult an experienced attorney as soon as possible, especially in the aftermath of a loss.
The Legal Elements of a Wrongful Death Claim
In order to succeed in a wrongful death lawsuit in Texas, the claimant must establish the following four elements by a “preponderance of the evidence.”
- Duty of Care: The defendant owed a legal duty to the deceased (e.g., a driver had a duty to drive safely, or a property owner had a duty to maintain safe premises).
- Breach of Duty: The defendant failed to meet that duty (e.g., through negligence, recklessness, or wrongful act).
- Causation: That breach directly caused the death (both cause-in-fact and proximate cause must be established).
- Damages: The surviving family suffered measurable harm — emotional loss, lost income, funeral costs, lost companionship, etc.
Because causation and damages are often complex (especially in medical malpractice or product-defect cases), claims frequently require extensive evidence: police reports, medical records, expert testimony, autopsy reports, etc.
What Compensation May Be Available
If your wrongful death claim succeeds, the law may allow compensation for a range of losses your family experienced because of the death:
- Economic damages: lost wages and benefits the deceased would have provided; loss of future earning capacity; medical bills incurred before death; funeral and burial expenses; loss of household services.
- Non-economic damages: loss of companionship, love, guidance, and emotional support; mental anguish and suffering experienced by surviving family members.
- Punitive (exemplary) damages: In cases where the death resulted from gross negligence or intentional misconduct, Texas law may allow additional damages to punish the wrongdoer.
Every family’s situation is unique, and the amount of compensation depends on factors such as the deceased’s age, income, dependents, and the quality of evidence.
How the Law Offices of Ignacio G. Martinez Can Help
At the Law Offices of Ignacio G. Martinez, we treat each wrongful death claim as though we’re fighting for family. Our decades of experience, attention to detail, and deep commitment to justice guide every step we take from intake to resolution.
Here’s how we work:
- We review your case thoroughly and explain in plain language whether you are eligible and what you may recover.
- We gather all necessary evidence — medical records, accident reports, witness statements, expert testimony when required.
- We handle all claim filing, deadlines, paperwork, correspondence with defendants or insurers, so you don’t carry the burden while grieving.
- We communicate with compassion, respect, and honesty. We believe every detail matters.
What sets us apart: our care, our integrity, and our determination to fight for your family’s rights — because to us, you’re more than a case number.
Take a Stand for Justice Today
Contact the Law Offices of Ignacio G. Martinez now for a free, confidential consultation. Let us carry the legal burden while you focus on healing and supporting your family. We’re here to listen, to fight, and to stand for your loved one’s dignity. Because to us, every client is family.
Frequently Asked Questions
1. Who can file a wrongful death claim in Texas?
In Texas, a wrongful death claim may be filed by the deceased person’s surviving spouse, children, or parents. If none of those relatives files within three months, the personal representative of the estate may file instead. Other relatives — like siblings or grandparents — generally cannot bring a claim.
2. What is the statute of limitations for wrongful death claims in Texas?
Normally, families must file a wrongful death lawsuit within two years of the date of death. If you miss that deadline, the court will likely dismiss your case—even if you have strong evidence. In rare situations, the “discovery rule” or other exceptions may apply, but you must act promptly and consult a lawyer right away.
3. What must be proven to win a wrongful death case?
You must prove four elements: that the defendant owed a duty of care, breached that duty, their breach directly caused the death, and that your family suffered damages as a result. Without establishing all four elements, the claim may fail. Evidence often includes medical records, accident reports, expert testimony, and documentation of losses.
4. What types of damages can surviving family members recover?
Families may recover economic damages — such as lost wages, lost future earning capacity, medical bills, funeral and burial costs, and lost household services. They may also recover non-economic damages like loss of companionship, guidance, emotional support, and mental anguish. In cases of gross negligence or intentional harm, punitive damages may also be awarded.
5. Is a wrongful death lawsuit the same as a criminal case?
No. A wrongful death lawsuit is a civil action — separate from criminal prosecution. Even if there’s no criminal conviction or the criminal case ends in acquittal, a wrongful death claim can still proceed. The goal is to obtain justice and compensation for the family, not to impose criminal punishment.
6. What happens if the wrongful death was caused by a government entity?
If a government agency or public entity caused the death, special rules may apply — including shorter deadlines and mandatory pre-suit notices under the Texas Tort Claims Act. It’s essential to consult a knowledgeable attorney immediately because filing requirements are stricter. Missing these special rules can permanently bar your claim.
7. Can multiple family members file together in one claim?
Yes — a surviving spouse, children, and qualified parents can join together in a single wrongful death lawsuit. If no immediate family files within the allowed period, the estate’s personal representative may file on behalf of beneficiaries. This ensures that eligible parties don’t lose their right to seek compensation.
8. What if the cause of death isn’t obvious right away?
Sometimes, the wrongful act or negligence isn’t immediately evident — e.g., in medical malpractice, hidden defects, or delayed injuries. In such cases, the “discovery rule” may extend the time to file, beginning when the family discovers or reasonably should have discovered the wrongdoing. This exception gives families a chance to pursue justice, but only if they act diligently and seek legal counsel as soon as possible.
9. Do wrongful death claims always go to trial?
Not always. Many wrongful death cases settle through negotiations with insurance companies or at-fault parties. However, if a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will decide liability and damages. A skilled attorney can guide you on which path is more appropriate based on the strength of evidence and the value of your case.
10. How soon should I contact a wrongful death attorney?
As soon as possible. Because of Texas’s strict two-year statute of limitations (and potentially shorter deadlines for government-related claims), waiting can jeopardize your family’s right to compensation. Early involvement ensures evidence is preserved, witness statements are gathered, and all legal requirements are met. It also gives your family time to grieve while professionals handle the legal burden.
