Laredo Wrongful Death Lawyer

What is Wrongful Death?

If you lose a loved one because of someone else’s misconduct, you may have a claim for your losses under the Texas wrongful death statute, which applies to families in Laredo and Webb County. The law recognizes that certain surviving family members suffer damages due to a preventable death and may be entitled to financial compensation. While wrongful death cases share some similarities with personal injury claims, they are legally distinct and require experienced guidance. A Laredo wrongful death attorney can walk you through the details, but here are the key points:

Acts That Can Lead to a Wrongful Death Claim

A wrongful death case in Laredo may arise from many types of negligence or misconduct, including:

• Negligent driving, such as a fatal crash on I-35, Loop 20, or Saunders Street
• Workplace or industrial accidents, including incidents at oilfields, trucking yards, or local warehouses
• Intentional acts, such as assaults or reckless violence

Eligible Beneficiaries

Texas law strictly limits who may recover compensation in a wrongful death lawsuit. Eligible family members include the decedent’s:

• Surviving spouse
• Children, including legally adopted children
• Parents, including adoptive parents

Siblings cannot file a wrongful death claim under Texas law.

Who Can File the Claim

Any eligible beneficiary can file a claim individually or on behalf of all beneficiaries. If no one files within three months of the death, then:

• The executor named in the will, or
• A personal representative appointed by the Webb County probate court,

may file the lawsuit unless all beneficiaries object.

Wrongful Death Cases Are Civil Lawsuits

Wrongful death claims are civil actions, separate from any criminal charges that may also arise. If your loved one was killed through intentional conduct – such as manslaughter or homicide – the State of Texas may pursue criminal prosecution. However, only a civil wrongful death lawsuit allows surviving family members to recover compensation for lost income, emotional suffering, funeral costs, and other damages.

Accidents & Wrongful Death Cases

Statistics show that auto collisions remain a leading cause of fatal injuries in Laredo and throughout Webb County. According to TxDOT’s 2023 crash data, intersection-related crashes continue to be a major contributor to roadway fatalities across South Texas. Statewide, Texas recorded 4,291 traffic deaths in 2023, and the Laredo region accounts for a significant share of those losses due to its busy highways and high commercial traffic.

Truck Collisions

Because semis and 18-wheelers are far heavier than passenger vehicles, crashes involving them are often deadly. In Laredo — a major international trade hub with constant commercial traffic along I-35, Loop 20, Mines Road, and the World Trade Bridge — the risk of fatal truck accidents is especially high.

Motorcycle Crashes

Motorcyclists have little protection in a collision. Local high-traffic roads such as Saunders Street, McPherson Road, and San Bernardo Avenue frequently see serious motorcycle crashes that lead to fatal or catastrophic injuries.

Pedestrian & Bicycle Accidents

Pedestrians and cyclists in Laredo face significant dangers on busy corridors, intersections, and school zones. Drivers who fail to yield at crosswalks, speed through neighborhoods, or drive distracted contribute to many of these fatal collisions.

Hazardous or Defective Products

Some wrongful deaths in Laredo arise from defective products – including faulty automotive parts, unsafe household appliances, defective medical devices, or other dangerous consumer goods.

Dangerous Property Conditions

Fatal injuries can also occur due to unsafe property conditions. Examples in Laredo include electrocutions, deadly falls from unsafe balconies or stairwells, drowning incidents, or fires in poorly maintained rental homes and apartment complexes.

Intentional Acts & Wrongful Death

Wrongful death claims are not limited to accidents. Intentional conduct – such as violent assaults, reckless driving, or vehicular homicide – may also create grounds for a civil wrongful death lawsuit. In these cases, criminal charges and a civil wrongful death claim can proceed at the same time.

Compensation in a Wrongful Death Case

If you qualify as a statutory beneficiary and can prove negligence or intentional wrongdoing, the Texas wrongful death statute allows you to recover damages based on your losses as a surviving family member. For families in Laredo and Webb County, this compensation is meant to ease the financial and emotional hardships that follow the unexpected death of a loved one.

If you are the surviving spouse, child, or parent of the deceased, you may be entitled to recover damages such as:

• Lost earning capacity for the income your loved one would have provided to your family
• Funeral, burial, and memorial costs, including services at local Laredo funeral homes and cemeteries
• Medical expenses incurred between the injury and death, including treatment at facilities like Laredo Medical Center or Doctors Hospital of Laredo
• Emotional pain, mental anguish, and grief suffered by surviving family members
• Loss of companionship, love, comfort, and consortium, especially for surviving spouses
• Loss of care, guidance, and support the decedent would have provided to children or dependents
• Loss of household services, including chores, childcare, and support the victim contributed
• Other damages specific to your situation, which a Laredo wrongful death lawyer can explain in detail

Survival Actions in Laredo Wrongful Death Cases

When you meet with our legal team at The Law Giant, Personal Injury & Accident Lawyers, our Laredo wrongful death attorneys may also discuss whether a survival action should be filed along with your wrongful death claim. These two claims are related but serve different purposes.

A wrongful death claim focuses on the losses suffered by surviving family members – such as spouses, children, and parents.
A survival action, however, focuses on the losses the victim suffered before their passing, essentially continuing the personal injury claim the victim would have had if they had survived.

Through a survival action, the decedent’s estate may recover damages such as:

• The victim’s pain and suffering before death
• The victim’s emotional distress
• Medical expenses from treatment at facilities like Laredo Medical Center or Doctors Hospital of Laredo
• Any additional damages the victim would have been entitled to recover had they lived

The term “survival” refers to the fact that the legal claim survives the victim, not the family. Under Texas law, however, surviving spouses, children, and parents may ultimately receive the compensation awarded in a survival action through the estate.

How We Help with Wrongful Death Claims

Most wrongful death cases in Laredo begin by filing a claim with the insurance company that covers the responsible party. For example, if your loved one was killed in a crash on I-35, Loop 20, or Mines Road, the claim would typically go through the negligent driver’s auto insurer. If the death occurred due to unsafe conditions on someone’s property, the Laredo property owner’s premises liability insurance may apply. And in cases involving medical negligence, local health care providers generally carry malpractice insurance.

No matter the situation, all insurance companies operate with one goal: protecting their bottom line. Adjusters are trained to minimize payouts, deny liability, or offer settlements far below what families deserve. Unfortunately, this is common even in devastating wrongful death cases.

At The Law Giant, Personal Injury & Accident Lawyers, our Laredo wrongful death attorneys know how to counter these tactics. We fight aggressively to secure full and fair compensation for surviving spouses, children, and parents who have suffered an unimaginable loss.

Litigation in Laredo Wrongful Death Cases

If the insurance company refuses to negotiate fairly, we may file a wrongful death lawsuit in Webb County courts. Our team handles the entire litigation process, including:

• Filing the wrongful death petition
• Conducting discovery and taking depositions
• Preparing and responding to motions
• Representing you at hearings and trial

It’s crucial to act quickly. Texas allows only two years from the date of your loved one’s death to file a wrongful death lawsuit. Once this deadline passes, your claim is legally barred.