Carrizo Springs Wrongful Death Lawyer

Suffering from the loss of someone you love is incredibly difficult. When you lose a loved one due to someone else's careless or negligent behavior, the grieving process becomes much more complicated because you will probably feel as though the other party deserves to be punished for their actions, and you have been cheated out of having your loved one with you. In Carrizo Springs, Texas, there are many families dealing with this situation, including families of people who died as the direct result of fatal accidents occurring in the oilfield, on the highways, or as a result of accidents occurring at work. During these very difficult and emotional times, it is important to have a strong legal representative to protect your rights and hold those responsible for their actions accountable; therefore, A2X's mission is to assist families in Dimmit County in recovering compensation for their losses. 


Understanding Wrongful Death in Texas 

In Texas, a wrongful death refers to when someone passes away due to someone else's "wrongful act, negligence, carelessness, lack of skill, or default." This includes anything from simple inattentiveness while driving to extreme negligence while working at an industrial site. A wrongful death lawsuit is a civil lawsuit and is completely different from any criminal case brought by the state. A civil lawsuit seeks to recover money for the grief and suffering experienced by the family, whereas a criminal case seeks to punish the defendant. 


In Texas, wrongful death cases are governed by the Texas Civil Practice and Remedies Code. This code sets forth the types of damages that may be awarded, who is eligible to file a claim, and the strict time limits for filing each claim. Every family has a hard time following these rules during mourning. A2X can provide you with the legal expertise and caring advice that you need to navigate through the complexities of the law so that you can concentrate on remembering your loved one. 


Common Causes of Wrongful Death in Carrizo Springs 

Carrizo Springs is a vital hub for the South Texas energy sector, and its unique industrial and geographic landscape contributes to various fatal risks. Our legal team at A2X has extensive experience investigating the root causes of fatal incidents in this region. 


Oilfield and Industrial Accidents 

The Eagle Ford Shale is a major driver of economic activity in Dimmit County, but it also poses a serious risk to the area. Corporate irresponsibility often causes death on drilling rigs, production facilities, and during fracking operations, such as through fires, blowouts of wells, equipment failures, or exposure to toxic gases. Businesses that prioritize production speed over employee safety risk causing deaths in accidents. 


Commercial Truck and 18 Wheeler Collisions 

Residents of Carrizo Springs are concerned about the volume of heavy truck traffic on US Highway 83 and US Highway 277. The high probability that victims of accidents involving large commercial vehicles will die from their injuries is typically greater than the likelihood of passenger vehicle fatalities from other types of automobile accidents. There are several contributing factors to these tragedies, including driver fatigue, improper vehicle maintenance, and improperly loaded vehicles or trailers. 


Motor Vehicle Accidents 

Speeding, driving while intoxicated, and inattentive driving are common causes of fatal auto accidents in and near Carrizo Springs. Because assistance may be far away in the event of a major occurrence, the rural nature of many local roads can significantly increase the severity of these incidents. 


Workplace Fatalities 

Workers in manufacturing, transportation, and construction regularly face risks outside the oilfield. Unexpected, avoidable deaths can result from electrical hazards, falls, and equipment failures. The family may have a legitimate claim for damages if a third party or a non-subscriber employer caused the death at work. 


Who Can File a Wrongful Death Claim in Texas? 

Texas law is very specific about which family members are eligible to pursue a wrongful death lawsuit. Under the Texas Wrongful Death Act, the following individuals have the legal right to file: 

  1. The Surviving Spouse: This includes both formal and common law spouses. 
  2. Children: Biological and legally adopted children of the deceased may file. This applies to both minor and adult children. 
  3. Parents: Biological and adoptive parents of the deceased are eligible claimants. 


Notably, Texas law does not allow siblings, grandparents, or more distant relatives to file a wrongful death claim. If none of the eligible family members file a claim within three months of the death, the personal representative or executor of the deceased person's estate may file on behalf of the family, unless the family members specifically request that the claim not be filed. 


Damages Recoverable in a Wrongful Death Case 

Money will never fully make up for the loss of a life. Families can, however, regain the financial means necessary to proceed without the additional strain of unstable finances, thanks to the legal system. In a wrongful death case in Carrizo Springs, damages usually consist of: 

  • Pecuniary Loss: This refers to the loss of the deceased person’s earning capacity, including the financial support they would have provided to their spouse, children, and parents. 
  • Loss of Companionship and Society: This compensates family members for the loss of the love, comfort, and emotional support their loved one provided. 
  • Mental Anguish: This addresses the emotional pain, torment, and suffering experienced by the survivors due to the death. 
  • Loss of Inheritance: This covers the loss of the value the deceased would likely have added to an estate and passed on to their family if they had lived to a normal life expectancy. 
  • Funeral and Burial Expenses: These immediate costs can be a significant burden for grieving families. 


In cases involving "gross negligence" or a "willful act or omission," a jury may also award punitive damages. These are intended to punish the wrongdoer and serve as a warning to others that such dangerous behavior will not be tolerated in Texas. 


The Importance of the Statute of Limitations 

For wrongful death claims in Texas, the statute of limitations is typically two years from the date of death. The deadline is tight. The family may permanently lose their legal right to pursue compensation if a case is not brought within this two-year period. 
 
This rule has only a few exceptions, such as when the claimant is a minor or when the carelessness was dishonestly disguised. But waiting is never a good idea. Witnesses' recollections may fade, evidence may disappear, and the firms in question may try to cover their tracks. Making contact with A2X right away ensures that all legal deadlines are met and that a comprehensive inquiry can begin immediately. 


Survival Actions vs. Wrongful Death Claims 

It is important to distinguish between a wrongful death claim and a survival action, as both often arise from the same incident. While a wrongful death claim seeks to compensate the family for their losses, a survival action is brought on behalf of the deceased person’s estate. 


A survival action essentially allows the deceased person’s personal injury claim to "survive" their death. This means the estate can recover damages for the pain and suffering the deceased experienced before they passed away, as well as the medical expenses incurred between the time of the injury and the time of death. The recovery from a survival action is paid to the estate and distributed in accordance with the deceased person’s will or Texas intestacy laws. 


Why Choose A2X for Your Family’s Case? 

It is well known that A2X's legal team is "Texas Tough." As seasoned trial attorneys, we don't hesitate to take on big businesses, insurance companies, or careless oilfield operators in court. We are aware that a wrongful death case involves more than financial compensation; it also involves seeking the truth and holding the guilty parties accountable for their deeds. 


When you work with A2X, you get a dedicated advocate who will handle the heavy lifting of the legal process. This includes: 

  • Conducting an exhaustive investigation into the cause of death. 
  • Securing expert testimony from accident reconstructionists and medical professionals. 
  • Identifying all potentially liable parties and sources of insurance coverage. 
  • Negotiating aggressively with insurance adjusters who are looking to minimize your claim. 
  • Representing your family’s interests in front of a jury if a fair settlement cannot be reached. 


Taking the First Steps Toward Justice 

After a deadly accident, the days that follow are a haze of uncertainty and anguish. Corporate representatives or insurance adjusters may contact you to offer a speedy settlement. It's important to keep in mind that these people are there to safeguard their business's interests, not to work for you. You should speak with a lawyer before accepting an offer or signing any paperwork. 


A2X is here to provide the support and advocacy you need during this dark time. We have a deep understanding of the Carrizo Springs community and the industries that operate here. We are prepared to stand by your side and fight for the justice your loved one deserves. 


Contact A2X for Compassionate Legal Support 

If you have lost a family member due to the negligence of another in Carrizo Springs or anywhere in Dimmit County, do not face this battle alone. The team at A2X is ready to help you navigate the complexities of Texas law and pursue the maximum compensation available. 


To discuss your specific situation and understand your options regarding your case, please contact A2X today. We want to hear your story, answer your questions, and help you determine how to plan for the future of your family. While we take care of the court process, you can concentrate on healing and remembering your loved one.