If a loved one was killed in Brownsville because of someone else’s negligence, you do not have to navigate the legal aftermath alone. A wrongful death case will not bring your family member back. It will, however, hold the responsible party accountable, secure financial stability for the surviving family, and force changes that protect other people from the same conduct in the future. Texas law provides specific remedies under the Texas Wrongful Death Act and the Texas Survival Statute — remedies that have to be pursued correctly and within strict time limits. Martinez Legal handles wrongful death cases for South Texas families with the gravity and care they deserve. Free consultation. No fee unless we recover. Call (956) 542-2264.
What Is a Texas Wrongful Death Claim?
Under Tex. Civ. Prac. & Rem. Code Ch. 71 (the Texas Wrongful Death Act), surviving family members have the right to bring a civil claim when a person’s death was caused by another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” A wrongful death claim compensates the survivors for the losses they have suffered — lost income, lost companionship, lost guidance, mental anguish, and other harms. Texas also recognizes a separate Survival Action under Tex. Civ. Prac. & Rem. Code Sec. 71.021 that allows the decedent’s estate to recover for the pain, suffering, and medical expenses the decedent endured before death.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law restricts wrongful death claims to a specific class of survivors. The following family members may bring a wrongful death claim individually or together:
- The surviving spouse of the decedent
- Children of the decedent (biological and legally adopted)
- Parents of the decedent (biological or adoptive)
Siblings cannot bring a Texas wrongful death claim. If none of the qualifying survivors files within three months of death, the personal representative of the estate may file unless all qualifying survivors request that no claim be filed. The Survival Action is brought by the estate (typically through the executor or administrator).
What Damages Can Be Recovered in a Texas Wrongful Death Case?
Texas wrongful death damages fall into two general categories — economic and non-economic — with exemplary damages available in cases of gross negligence:
- Lost earning capacity — what the decedent would have reasonably earned and contributed to the family throughout the remainder of their working life.
- Lost household services — childcare, cooking, home maintenance, and other contributions of value.
- Lost care, maintenance, support, services, advice, counsel, and reasonable contributions — the actual statutory language Texas uses to describe the loss to surviving family.
- Mental anguish — the emotional suffering of losing a parent, spouse, or child.
- Loss of companionship and society — the loss of love, comfort, and affection.
- Lost inheritance — what survivors would have reasonably expected to inherit.
- Funeral and burial expenses — recoverable through the Survival Action and sometimes wrongful death.
- Pre-death pain and suffering — recoverable through the Survival Action.
- Pre-death medical expenses — recoverable through the Survival Action.
- Exemplary (punitive) damages — available when the death was caused by gross negligence (drunk driving, deliberate misconduct, corporate recklessness).
How Long Do I Have to File a Wrongful Death Claim in Brownsville?
The Texas wrongful death statute of limitations is two years from the date of death under Tex. Civ. Prac. & Rem. Code Sec. 16.003. Survival Action claims also generally carry a 2-year limit. If the death involves a Texas governmental entity — a city of Brownsville vehicle, Cameron County employee, Texas DPS officer, or any state worker — you may have to provide formal written notice within as little as six months under the Texas Tort Claims Act, and even shorter under local notice ordinances.
These deadlines are absolute. Even strong cases die when the clock expires. Call as soon as you reasonably can.
Common Causes of Wrongful Death Cases We Handle
- Fatal car, truck, and motorcycle accidents
- Drunk driving fatalities
- Construction site fatalities
- Medical malpractice deaths
- Defective product deaths
- Premises liability deaths (drownings, falls, criminal-act-on-premises)
- Pedestrian and bicycle fatalities
- Nursing home neglect deaths
- Workplace deaths involving non-subscriber employers or third parties
- Cross-border fatal accidents involving US and Mexican parties
Frequently Asked Questions About Brownsville Wrongful Death Claims
Can siblings file a wrongful death claim in Texas?
No. Texas wrongful death claims are limited to the surviving spouse, children, and parents of the decedent. Siblings cannot file individually. They may, however, recover from the estate through inheritance.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family for their own losses. A survival action belongs to the decedent’s estate and recovers what the decedent themselves could have recovered if they had survived — pre-death medical bills, pre-death pain and suffering, and lost wages from injury to death. Both can be pursued in the same case.
Can I recover punitive damages in a Texas wrongful death case?
Yes, when the death was caused by gross negligence or intentional misconduct. Drunk driving, willful safety violations, and corporate cover-ups frequently support punitive damages claims under Tex. Civ. Prac. & Rem. Code Ch. 41.
How long does a Brownsville wrongful death case take?
Most wrongful death cases resolve in 9 to 24 months. Cases involving multiple defendants, commercial carriers, or disputed liability can take longer if pushed to trial in Cameron County District Court.
Do I have to pay anything up front to hire Martinez Legal?
No. Wrongful death cases are handled on a contingency fee basis. We advance all case costs and only get paid if we recover for your family. Initial consultations are free.
Free, Confidential Consultation — Hablamos Español
If you have lost a loved one in Brownsville and you believe someone else’s negligence was the cause, please call us. There is no obligation. There is no charge for the consultation. We will listen, answer your questions, and help you understand your options under Texas law.
¿Perdió a un ser querido en Brownsville debido a la negligencia de otra persona? Llame al abogado Ignacio G. Martínez al (956) 542-2264. Consulta confidencial y gratuita. No paga nada hasta que recuperamos para su familia.
Related practice areas: Brownsville Personal Injury Lawyer | Truck Accidents | Car Accidents | Construction Accidents | Drunk Driving