June 2026 - Ezequiel Reyna Law Office

Why Injured Oilfield Workers in McAllen Need Legal Help After a Serious Accident

Posted on June 2, 2026June 2, 2026 by Zreyna Law

You clocked in and did your job perfectly well. But, something went wrong!

Maybe it was an explosion on the rig or a piece of equipment failed without warning or your employer had been cutting corners for months, and you were the one who paid the price. Whatever happened, you are now dealing with serious injuries, mounting medical bills, and a future that looks nothing like it did before the accident.

Here is what you need to know right now: the oil company already has a legal team working on its side. They are collecting evidence, building their defence, and figuring out how to pay you as little as possible. You deserve someone fighting just as hard for you.

This blog will help you understand what you should do when you get injured while working in McAllen.

The Alarming Reality of Oilfield Accidents in Texas

Texas leads the nation in oil and gas production, and that distinction comes with a sobering price. OSHA confirmed at least 12 oilfield worker deaths in Texas in 2024, a staggering 57 per cent increase over the prior year, with Texas accounting for nearly 60 per cent of all serious oilfield injury incidents reported nationwide.

For workers in the Rio Grande Valley and Hidalgo County who are tied to regional energy operations, these figures are not abstract. They reflect real people dealing with real consequences. A McAllen oilfield injury lawyer who understands both Texas law and the regional industry can make a critical difference in how your case unfolds.

What Causes Serious Oilfield Accidents?

Oilfield accidents rarely happen by chance. Most involve some form of negligence by an employer, a contractor, or an equipment manufacturer. The most common incidents that a serious oilfield injury lawyer in McAllen handles include rig explosions and well blowouts, fires triggered by volatile chemicals, equipment malfunctions and machinery defects, falls from elevated platforms, workers being struck by heavy objects, and vehicle crashes on oilfield access roads.

One landmark Texas case resulted in a $90 million settlement for a worker catastrophically burned in a well blowout. Investigation revealed the operator had ignored both its own internal safety policies and the American Petroleum Institute’s required two-barrier safety standard. These failures are preventable and form the core of strong Texas oilfield accident claims.

Injuries That Demand a Catastrophic Injury Lawyer in McAllen, TX

Oilfield accidents rarely result in minor injuries. Workers who survive these incidents often face permanent, disabling conditions that alter their lives forever. The types of serious harm that typically require a catastrophic injury lawyer in McAllen, TX, include severe burn injuries, traumatic brain injuries, spinal cord damage, amputations, crush injuries, and long-term toxic chemical exposure.

Because these injuries involve extensive medical treatment, prolonged rehabilitation, and often prevent workers from ever returning to their jobs, the financial toll on families can be overwhelming. This is precisely why having a skilled workplace injury lawyer for oilfield workers in your corner matters so much from the very beginning of your case.

Why Hiring an Oilfield Accident Attorney in McAllen, TX Is Essential?

After an oilfield accident, oil companies act fast. Their legal teams begin building a defence almost immediately, gathering site evidence and consulting with experts while most injured workers are still in the hospital. An experienced oilfield accident attorney in McAllen, TX, levels the playing field from day one.

The Ezequiel Reyna Law Office investigates every angle of your case, identifies all negligent parties, secures expert testimony, and builds a claim that reflects the full, true cost of your injuries. Whether your case involves a direct employer, a third-party contractor, or a defective piece of drilling equipment, the firm pursues every available avenue under Texas law.

You can review decades of results for injured workers and their families on the Case Results page. In the tragic event that an oilfield accident takes a life, the firm’s Wrongful Death practice team fights to hold the responsible parties completely accountable. Families across Hidalgo County dealing with unbearable loss deserve that same relentless advocacy.

What Compensation Can an Injured Oilfield Worker Recover in Texas?

An oilfield worker injury lawsuit in McAllen can pursue compensation for medical expenses, including surgery, hospitalisation, and ongoing rehabilitation costs, lost wages and reduced earning capacity, physical pain and emotional suffering, permanent disability and necessary lifestyle adjustments, and, in cases of especially reckless conduct, punitive damages.

Texas follows a modified comparative negligence rule. This means you can still recover compensation for oilfield accidents in Texas even if you were partially at fault, as long as your portion of fault does not exceed 50 per cent. An oilfield negligence attorney in Texas can assess exactly where you stand and how to build the strongest possible claim.

Do Not Miss the Texas Deadline for Filing Your Claim

Time is one of the most critical factors in any oilfield accident case. In Texas, the general statute of limitations for a personal injury claim is two years from the date of the accident. For workers’ compensation claims, you must report your injury within 30 days and file within one year. Missing either window could cost you your right to recover compensation entirely.

Speak With an Experienced McAllen Oilfield Accident Lawyer Today
You should not have to face a powerful oil company alone after a serious injury. The Ezequiel Reyna Law Office has been a trusted personal injury lawyer for oilfield accidents and workers throughout the Texas for decades. Your consultation is 100 per cent free, and you pay nothing unless the firm wins your case. Contact Ezequiel Reyna Law team today to take the first step toward the compensation you deserve.

Frequently Asked Questions

Who can be held responsible for an oilfield accident in Texas?

Multiple parties can be liable, including your direct employer, third-party contractors working on the same site, equipment manufacturers, and property owners. A Hidalgo County oilfield accident attorney will investigate every angle to identify all responsible parties and maximise your recovery.

What should I do right after a serious oilfield injury?

Seek medical attention immediately, even if you believe the injury is manageable. Report the incident to your supervisor before leaving the worksite. Document the scene if you are physically able. Then reach out to an injured oilfield worker’s legal help professional as soon as possible so that critical evidence is preserved and your rights are protected from the start.

Can I sue my employer if they do not carry workers’ compensation?

Yes. Texas is the only state that does not require most private employers to carry workers’ compensation insurance. If your employer is a non-subscriber, you have the right to file a personal injury lawsuit directly, which can lead to significantly higher compensation than a standard workers’ comp claim.

What can families do if an oilfield explosion kills a loved one?

Families can pursue a wrongful death oilfield accident claim against the responsible parties. Texas law allows surviving spouses, children, and parents to seek compensation for their loss.

Know Your Rights: What Every Immigrant Should Do After an Accident in Texas

Posted on June 2, 2026 by Zreyna Law

Getting into an accident is stressful for anyone. But if you are an immigrant living in Texas, the fear and confusion that follow a crash can feel overwhelming. You may wonder whether you can report the accident, whether you can see a doctor, and whether you even have the right to ask for compensation. The good news is that Texas law protects you, regardless of where you were born or what documents you carry.

This guide walks you through everything you need to know about immigrant accident rights in Texas, from the moment a crash happens to the steps you take to protect your claim.

You Have Legal Rights After an Accident in Texas, Period

One of the biggest misconceptions in immigrant communities is that only U.S. citizens can take legal action after a crash. That is simply not true. Texas law and the U.S. The Constitution protects everyone within the state’s borders, not just citizens.

The 14th Amendment to the U.S. Constitution states that no state may deny any “person” within its jurisdiction the equal protection of the laws. The word used is “person,” not “citizen.” This means your Texas personal injury rights as an immigrant are the same as those of any other resident.

The Texas Constitution and the Texas Civil Practice and Remedies Code further reinforce this: anyone who suffers harm due to another person’s negligence has the right to seek compensation.

So if you were hurt in a car crash, a truck accident, a slip and fall, or any other incident caused by someone else’s carelessness, you have every right to pursue an injury claim regardless of immigration status in Texas.

Can Undocumented Immigrants Sue After an Accident in Texas?

Yes, absolutely. Texas courts have been clear on this point for decades. Filing a civil personal injury claim does not notify immigration authorities. ICE is not automatically informed when civil lawsuits are filed, and your immigration status is not admissible evidence in a personal injury claim.

In fact, in the landmark Texas Supreme Court case TXI Transportation Co. v. Hughes (2010), the court ruled that evidence of immigration status unrelated to the case’s merits is inadmissible. This means the other side’s attorney generally cannot use your status against you in court.

Even more striking: in 2003, a Texas appeals court ordered a company to pay a subcontractor nearly $750,000 in damages after an on-the-job injury. The court explicitly rejected the argument that citizenship was required to recover damages for lost earning capacity, stating that state law “does not require citizenship or the possession of an immigration work permit as a prerequisite to recovering damages for lost earning capacity.”

If you are asking whether you can file an undocumented immigrant accident claim in Texas, the answer from Texas courts is a firm yes.

Steps to Take After a Car Accident in Texas as an Immigrant

Knowing what immigrants should do after an accident in Texas can make or break your ability to recover compensation. The actions you take in the first hours and days are critical.

Stay at the scene and call for help. Never leave an accident scene. Regardless of your immigration status, leaving can result in criminal charges that could seriously impact your future. Call 911 immediately if anyone is injured.

Get medical attention right away. Even if you feel fine, go to the doctor as soon as possible. Some injuries, including concussions and internal injuries, are not immediately apparent. Seeking prompt care also creates a medical record that directly supports your injury claim. Federal and state laws protect your right to emergency medical care regardless of immigration status. Hospitals do not report patients to immigration authorities.

Document everything at the scene. If you are physically able, take photos of the vehicles, the road, any visible injuries, and any hazards. Get the names and contact information of witnesses. Write down the time, date, and location of the accident. This evidence can serve as the foundation for a strong claim.

Report the accident to the police. Always report a car accident to law enforcement. An official police report creates a record of what happened and can later support your version of events.

Do not give a recorded statement to insurance companies without a lawyer. Insurance adjusters are trained to find gaps in your story. A careless statement can be used to minimize or deny your claim.

Contact a personal injury lawyer in Texas as soon as possible. An experienced attorney can handle insurance companies, gather evidence, and protect your rights.

What Compensation Can You Recover?

Texas accident laws for immigrants allow recovery for the same types of damages as any other injury victim. Compensation in a personal injury claim can include:

Medical expenses, both past and future, cover emergency room visits, surgeries, physical therapy, prescription medications, and follow-up care.
Lost wages for every day you could not work because of your injuries. Loss of future earning capacity if your injuries prevent you from doing the work you did before.
Pain and suffering account for the physical discomfort and emotional toll of living with your injuries. Property damage for repairs to your vehicle or other belongings.

Your immigration status does not reduce the amount of compensation you are entitled to. Compensation is calculated based on the severity of your injury and the impact it has on your life, not on your documents.

Do Not Wait: Texas Has a Filing Deadline

One of the most important things to understand about Texas accident laws for immigrants is the statute of limitations. Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of your accident to file a personal injury lawsuit.

Missing this deadline almost certainly means losing your right to compensation forever, regardless of how strong your case is. The sooner you reach out to a lawyer, the better your chances of gathering strong evidence, locating witnesses, and building a compelling claim.

Workers’ Compensation and Immigrant Rights on the Job

If your accident happened at work, you also have protections. The Texas Workers’ Compensation Act provides income and medical benefits for employees who suffer work-related injuries alike. Crucially, the law covers both documented and undocumented workers alike. Your employer cannot legally deny workers’ compensation benefits simply because of your immigration status.

Texas is unique because employers are not required to carry workers’ compensation insurance. If your employer does not have coverage, you may have the right to file a direct personal injury lawsuit against them instead.

Frequently Asked Questions

Can an undocumented immigrant file a personal injury lawsuit in Texas?

Yes. Texas law and the U.S. Constitution protect all persons within the state’s borders. Immigration status does not prevent you from filing a personal injury claim or recovering compensation for your injuries and losses.

Will my immigration status be revealed in court?

In most cases, no. The Texas Supreme Court ruled in TXI Transportation Co. v. Hughes that immigration status is not admissible evidence in a personal injury case unless it directly relates to the merits of the claim. Your attorney can also seek a protective order to prevent disclosure.

How long do I have to file an accident claim in Texas?

Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of your accident to file a lawsuit. Waiting too long can result in losing your right to compensation entirely.

What if I were injured at work and I am undocumented?

The Texas Workers’ Compensation Act covers both documented and undocumented employees. If your employer has workers’ compensation insurance, you are entitled to medical and income benefits. If they do not, you may be able to file a personal injury lawsuit directly.

Do I need a lawyer to file an accident claim?

You are not legally required to have a lawyer, but having one significantly improves your chances of a fair settlement. An experienced personal injury lawyer for immigrants in Texas knows how to handle insurance companies, protect your confidentiality, and maximize your compensation.

What if I were in a hit-and-run accident?

You still have options. Reporting the hit-and-run accident to the police immediately is critical.

Navigating the legal system as an immigrant can feel intimidating, especially when language and cultural barriers are added to the mix. Working with a bilingual, culturally sensitive attorney makes a significant difference. A skilled Hispanic accident lawyer in Texas who understands the immigrant experience can communicate with you in Spanish, protect your confidentiality, and fight for the full compensation you deserve.

At Ezequiel Reyna Law Office, our team has spent decades representing injury victims across South Texas, including the Rio Grande Valley. We understand the challenges immigrants face, and we are committed to ensuring fear never stands between you and justice. Our firm works on a contingency fee basis, meaning you pay nothing unless we win your case.

You can learn more about our team at our Attorneys page, explore our Practice Areas, or review our Case Results to see how we have helped clients like you.

If you or a loved one was injured in a car accident, truck crash, or any other incident in Texas, do not wait. Contact our office today for a free, confidential consultation.

The Hidden Reasons Bicycle and Pedestrian Accidents Spike in Spring

Posted on June 2, 2026June 2, 2026 by Zreyna Law

Spring is a naturally joyful moment with warmer temperatures, blooming landscapes, and longer days. This is the perfect season for family outings and jogging, and people enjoy walking outside. Hence, the bicycles are dusted, joggers return to their sidewalks, and pedestrians enjoy walking in fresh air.

The beauty of the spring season is undeniable, but it also marks the beginning of a serious uptick in road accidents involving cyclists and walkers, incidents that often require guidance from a Personal Injury Lawyer in Texas to protect victims’ rights. If you have ever wondered why bicycle and pedestrian accidents in spring spike so sharply compared to other times of the year, the answer involves a combination of human behaviour, road conditions, and traffic patterns that converge in dangerous ways.

The Numbers Do Not Lie: Spring Is a Dangerous Season on Roads

According to the National Highway Traffic Safety Administration (NHTSA), summer regularly accounts for the highest monthly averages of pedestrian and cyclist fatalities, and the numbers begin climbing as early as March.

In 2023, NHTSA reported 1,166 pedalcyclist fatalities nationwide, a 4 per cent increase from the prior year, along with an estimated 49,989 cyclists injured in traffic crashes. While these figures reflect the full year, research consistently shows that warmer months carry a disproportionate share of these incidents.

A statewide study in Virginia found that nearly 60 per cent of pedestrian and cyclist injuries occurred between April and September, underscoring how concentrated the risk is during the spring and summer. The pattern is not unique to any one state. Across the country, March marks the turning point when activity picks up, and accident rates begin their seasonal climb.

Why Do Bicycle Accidents Increase During Spring?

Understanding why bicycle accidents increase during spring requires looking at both the roads and the people using them.

More People, More Collisions

The most straightforward explanation is volume. When temperatures rise, dramatically more cyclists, joggers, and pedestrians share road space with vehicles. This sudden increase in non-motorised road users creates more opportunities for dangerous interactions. Drivers who spent the winter months rarely encountering cyclists are now navigating roads where bicycles appear at intersections, alongside parked cars, and on shared lanes daily.

Distracted Driving Gets Worse in Spring

Distracted driving and pedestrian accidents share a troubling connection that worsens in spring. As outdoor events, spring break travel, festivals, and vacation planning ramp up, drivers become more likely to be on their phones, adjusting GPS, or lost in thought. Because bicycles have a smaller profile than cars, a distracted driver is far less likely to notice a cyclist until it is too late.

Left Cross and Right Hook Collisions

Among the most common causes of bicycle accidents in spring are left-cross and right-hook collisions. A left cross happens when a motorist turns left directly into the path of an oncoming cyclist. A right hook occurs when a driver passes a cyclist and then immediately turns right, cutting across their path. These collisions are especially frequent in spring when drivers are not yet adjusted to sharing the road with cyclists after months of lower bicycle traffic.

Spring Pedestrian Accident Risks: Crosswalks Are a Danger Zone

Pedestrian injuries in crosswalks are among the most common and heartbreaking types of spring traffic accidents. Many pedestrians reasonably assume that a marked crosswalk provides safety. But distracted driving makes crosswalk accidents more likely when foot traffic is high.

Spring brings more pedestrians crossing streets near parks, school zones, shopping areas, and outdoor venues. At the same time, drivers may be distracted, speeding through intersections, or simply unaware of the increased pedestrian activity after a quieter winter.

Bicycle and Pedestrian Safety Tips for Spring

Knowing the risks is only half the battle. Here are practical bicycle and pedestrian safety tips that can genuinely reduce your chances of being involved in an accident this spring.

For Cyclists

Here are the steps that needs to be followed by cyclists when they ride in Spring:

Wear a properly fitted helmet every single time you ride.
Use front and rear lights, particularly during dawn, dusk, or rainy conditions when visibility drops.
Stay in designated bike lanes whenever available, and signal your turns clearly so drivers can anticipate your movements.
Avoid riding against traffic, as this dramatically increases the chance of a collision.
Check your bike before every spring ride since tires may have deflated over winter, and brakes may need adjustment.

For Pedestrians

Here are the steps that needs to be followed by pedestrians when they walk in Spring:

Cross only at marked crosswalks and wait for the walk signal before stepping off the curb.
Make eye contact with drivers before crossing to confirm they see you.
Wear brightly coloured or reflective clothing in low-light conditions.
Put your phone away while walking near traffic because distracted walking is a real contributor to pedestrian injuries.
Avoid using headphones at high volume near busy roads, as being able to hear approaching vehicles is an important safety tool.

For Drivers

Here are the steps that needs to be followed by drivers when they drive in Spring:

Actively scan for cyclists and pedestrians at every intersection and near parked cars.
When passing a cyclist, maintain a safe distance of at least three feet, which is also a legal requirement in Texas.
Slow down in neighbourhoods, school zones, and areas with high pedestrian traffic.
Never drive while using your phone. Be especially cautious after rain when road surfaces are slick, and cyclists may behave unpredictably to avoid puddles or debris.
If you want more detailed guidance, our post on driver error and car accidents is a useful read.

Understanding Your Legal Rights After a Spring Accident

If you or someone you love has been injured in a bicycle or pedestrian accident, understanding your rights is essential. Texas law treats bicycles as vehicles, meaning cyclists have the same rights and duties as motorists. Drivers have a legal duty of care to share roads safely and must maintain safe distances when passing.

Texas follows a modified comparative negligence rule. This means that even if an injured party is found partially responsible for an accident, they can still recover compensation as long as they are 50 per cent or less at fault. The compensation is reduced by the percentage of fault assigned to them.

Whether you are dealing with medical expenses, lost wages, or pain and suffering, you do not have to navigate the claim process alone. An experienced bicycle accident lawyer or pedestrian accident lawyer can help you gather evidence, understand the value of your claim, and deal with insurance companies that may try to minimize your payout.

Contact Ezequiel Reyna Law Office After a Spring Bicycle or Pedestrian Accident

If you or someone you love has been injured in a bicycle or pedestrian accident this spring, getting legal guidance early can help protect your rights and strengthen your claim. The attorneys at Ezequiel Reyna Law Office proudly represent injury victims throughout Texas, including clients in McAllen, Weslaco, and Midland. The firm handles car accidents, bicycle accidents, pedestrian accidents, trucking accidents, and other serious personal injury claims.

Frequently Asked Questions

Q: Why do bicycle and pedestrian accidents increase specifically in spring?

A: Spring brings a sharp rise in the number of cyclists and pedestrians on roads after months of lower outdoor activity. Drivers who are not accustomed to sharing the road with cyclists are more likely to be inattentive. Combined with road debris left over from winter, distracted driving, and increased traffic overall, spring creates a uniquely hazardous environment for non-motorised road users.

Q: What are the most common causes of bicycle accidents in spring?

A: The leading causes include distracted driving, left cross and right hook collisions at intersections, dooring incidents near parked vehicles, road hazards like potholes and debris, and drivers failing to maintain a safe passing distance.

Q: What should I do immediately after a bicycle or pedestrian accident?

A: Seek medical attention right away, even if injuries seem minor. Call the police and get an official report. Document the scene with photos, collect witness contact information, and avoid making any statements to insurance companies without legal guidance. Reaching out to a bicycle accident lawyer or pedestrian accident lawyer early can make a significant difference in your case.

Q: Can a pedestrian be found at fault in a crosswalk accident?

A: Yes, in some cases. If a pedestrian crossed against a signal, jaywalked, or otherwise contributed to the accident, they may be assigned a percentage of fault. Texas comparative negligence rules still allow recovery if the pedestrian is 50 per cent or less at fault.

Q: How can drivers be more aware of cyclists and pedestrians in spring?

A: Drivers should reduce speed in areas with high foot and bicycle traffic, put phones away completely, check mirrors and blind spots before opening car doors or making turns, and look for cyclists at every intersection. Spring road safety awareness starts with recognising that more people are sharing the road and adjusting driving habits accordingly.

Who Can Sue for Wrongful Death in Texas? A Complete Guide

Posted on June 2, 2026 by Zreyna Law

Losing someone you love to another person’s negligence is devastating. The grief alone is overwhelming, and the last thing most families want to think about is a lawsuit. But understanding your legal rights under Texas wrongful death law is one of the most important steps you can take, both for your family’s financial stability and for holding the at-fault party accountable.

This guide walks you through everything you need to know about filing a wrongful death lawsuit in Texas, including who is eligible, what compensation is available, how survival actions differ, and what deadlines you must meet.

What Is a Wrongful Death Claim in Texas?

A wrongful death claim is a civil lawsuit filed when a person dies due to the negligent, reckless, or intentional actions of another person or entity. Under Chapter 71 of the Texas Civil Practice and Remedies Code, also known as the Texas Wrongful Death Act, eligible family members have the right to seek financial compensation for the losses they have suffered as a result of their loved one’s death.

Common situations that lead to a wrongful death claim in Texas include:

Car accidents caused by a drunk, distracted, or speeding driver are among the most frequent triggers for these claims.
Workplace accidents involving poor safety practices, fatal medical errors such as surgical mistakes or misdiagnoses, dangerous or defective products, and criminal acts such as assault are also common causes.

If you were involved in a serious traffic crash that turned fatal, our car accident lawyers and truck accident attorneys understand the unique intersection of these cases with wrongful death law.

Who Can File a Wrongful Death Claim in Texas?

This is the most important question families ask, and Texas law is specific about who qualifies.

Under the Texas wrongful death statute, only the following close family members are permitted to file a wrongful death claim:

The surviving spouse of the deceased has full legal standing to file.
Children of the deceased, including legally adopted children, can also bring a wrongful death claim.
Parents of the deceased, including adoptive parents, are likewise eligible.

Any one of these individuals may file the claim on their own, or they can join together and file as a group.

Notably, siblings, grandparents, stepchildren who were not legally adopted, and common-law partners are generally not eligible to file a wrongful death claim under Texas law.

What if no family member files within three months?

If none of the eligible family members file a wrongful death claim within three months of the death, the executor or administrator of the deceased person’s estate is permitted to file on their behalf. However, this can be blocked if a qualifying family member objects.

What Compensation Can You Recover in a Texas Wrongful Death Case?

The purpose of a wrongful death claim is to recover the “full value of the life” of the deceased individual. Texas wrongful death damages fall into several categories.

Financial losses, sometimes called pecuniary damages, include lost future income and benefits the deceased would have earned over a lifetime; loss of household services such as childcare, cooking, and home repairs; funeral and burial expenses; and loss of financial support and guidance the deceased would have provided.
Emotional losses cover loss of love, companionship, and comfort; loss of emotional support, encouragement, and care; and mental anguish, grief, sadness, and trauma caused by the sudden death.
Inheritance loss refers to the money or assets the family would likely have received if the deceased had lived a full life.
Exemplary (punitive) damages may be awarded when the death resulted from gross negligence or an intentional act.

These are designed not to compensate the family but to punish the wrongdoer. In Texas, punitive damages are available only to spouses and children, not parents.

Damages awarded are divided among eligible family members in proportion to the losses each has personally suffered. These damages are not subject to the deceased person’s debts.

Texas Survival Action vs. Wrongful Death

Many families are surprised to learn there are actually two separate legal claims available after a fatal accident in Texas. Understanding the difference between a survival action and a wrongful death claim is essential.

A wrongful death claim focuses on the losses experienced by the surviving family members. It compensates the spouse, children, and parents for what they have lost as a result of the death, including income, companionship, and emotional support.

A survival action, by contrast, focuses on the suffering the deceased endured before they died. It belongs to the deceased’s estate, not to the surviving family directly. A survival action can recover compensation for medical bills the deceased incurred after the injury, pain and suffering the deceased experienced before death, lost wages between the time of injury and death, and funeral expenses.

The damages from a survival action pass into the estate and are then distributed to heirs according to the will or Texas probate law. Importantly, because survival damages go through the estate, they may be used to satisfy the deceased’s outstanding debts, unlike wrongful death damages.

In many Texas fatal accident lawsuits, families pursue both a wrongful death claim and a survival action at the same time. The two claims address different kinds of harm and are not mutually exclusive.

What Is the Filing Deadline for a Wrongful Death Lawsuit in Texas?

Time matters enormously in these cases. Under Texas law, you generally have two years from the date of death to file a wrongful death lawsuit. Missing this deadline typically means your case will be dismissed, regardless of how strong it might otherwise be.

There are limited exceptions to this rule. If the person filing the claim is a minor child, the two-year clock does not begin until they turn 18. If the wrongful act was deliberately concealed, the period may not begin until the date the family discovered or reasonably should have discovered the cause of death.

Special Circumstances That Can Affect Your Claim

Texas wrongful death cases can involve nuanced legal issues that affect who can recover and how much.

Adopted children have full standing to file a wrongful death claim. Children born outside of marriage may need to establish paternity to file a claim for the death of a father.

If a beneficiary dies before filing, the right to bring a claim does not automatically transfer to their heirs.

Oilfield and workplace accidents often involve additional layers of liability. If your loved one was killed on the job, our oilfield accident lawyers can help you understand how wrongful death and workers’ compensation laws intersect in Texas.

Commercial vehicle accidents are another common cause of fatal crashes in South Texas. If a negligent commercial driver caused the death, you may have a claim against both the driver and their employer.

How Is Fault Determined in a Texas Wrongful Death Case?

To succeed in a wrongful death claim in Texas, you must show that another party’s wrongful act, negligence, carelessness, or recklessness caused the death. This is the same standard used in personal injury cases. Texas follows a modified comparative fault rule, which means that if the deceased was partially at fault, damages may be reduced in proportion to their share of responsibility.

Why Do You Need a Wrongful Death Attorney in Texas?

Insurance companies and defense lawyers work aggressively to reduce the value of wrongful death settlements in Texas. They may argue the deceased was partly at fault, contest the extent of your financial losses, or offer a fast, lowball settlement before you understand the full value of your claim.

A skilled wrongful death lawyer in Texas will gather and preserve critical evidence, work with economic experts to calculate lifetime financial losses accurately, handle all communications with insurance companies on your behalf, and fight for full and fair compensation for your family, whether through settlement or trial.

Frequently Asked Questions

Can I file a wrongful death claim in Texas if criminal charges were also filed?

Yes. A wrongful death lawsuit is a civil action, completely separate from any criminal proceedings. A criminal conviction can support your civil case, but you do not need a criminal conviction to succeed in a wrongful death claim.

What if the at-fault party has no insurance?

You may still have options, including claims against other liable parties such as an employer or vehicle owner, or through your own underinsured motorist coverage. A wrongful death attorney can identify all potential sources of recovery.

Do wrongful death damages get taxed?

In most cases, compensation received through a wrongful death settlement or verdict is not considered taxable income under federal law. However, you should consult a tax advisor regarding your specific circumstances.

How long does a wrongful death case take to settle in Texas?

It varies significantly. Straightforward cases with clear liability may resolve in several months. Complex cases, especially those involving multiple defendants or disputed facts, can take a year or more.

Can parents file a wrongful death claim for an adult child in Texas?

Yes. Parents of an adult child who was killed through another’s negligence have the right to file a wrongful death claim.

The two-year deadline for filing a wrongful death lawsuit in Texas comes faster than most grieving families expect. The earlier you speak with a wrongful death attorney in Texas, the better your chances of building a strong case with preserved evidence and credible witnesses.

If your family has lost a loved one due to someone else’s negligence, contact Zreyna Law today for a free, no-obligation consultation. You deserve answers, and your family deserves justice.