A 23-year-old Edinburg man was killed December 18 after his vehicle struck a utility pole. The single-vehicle crash happened about 3:00 a.m. in the 3600 block of East Richardson Road.
According to police, Everado Zodam Ledesma of Edinburg was traveling west when he lost control of his car and it impacted a pole on the north side of the roadway. Ledesma was transported to Doctors Hospital at Renaissance where he later died.
The accident remains under investigation, and a toxicology report is pending.
Can I sue on behalf of a deceased relative?
Under Texas law, people who file suit following the death of a loved one are not suing on behalf of the deceased person. They are suing on behalf of themselves for their own losses caused by that death. J Gonzalez Injury Attorneys can help you determine if you have a case to file a wrongful death lawsuit in order to seek financial compensation, and find the closure you deserve.
Who can sue for wrongful death?
In Texas, surviving family members can have legal standing in a wrongful death suit. One family member can file the suit as an individual, or a group of relatives can choose to file together. Family members include:
- The spouse of the deceased person, including common-law
- The children of the deceased person, including adult children and legally adopted children
- The parents of the deceased person
If the surviving spouse, children, or parents do not file a wrongful death claim within three months of the date of death, the executor of the victim’s estate can file the claim. This can be a family member not otherwise eligible to file suit, or it can be any other party designated by the probate court.
The exception to an estate representative filing suit is when a surviving spouse, child, or parent specifically requests that the executor not file a wrongful death claim.
What is a wrongful death lawsuit?
A person or business can be liable for wrongful death in circumstances where there has been:
- Negligence or a failure to provide reasonable care
- “Wanton or reckless” action
- Danger to a person due to a defective product, including a vehicle
In a wrongful death lawsuit, the deceased person’s relatives, or the person’s estate, can file suit to recover compensation for:
- Lost wage-earning capacity
- Loss of care, maintenance, services, support, advice, and counsel
- Loss of love, companionship, and comfort
- Loss of potential inheritance, including what the deceased would likely have saved and left to surviving family members
Why Choose J Gonzalez Injury Attorneys for my wrongful death case?
The J Gonzalez Law Firm has years of experience supporting those who have lost a loved one to wrongful death. We have intimate knowledge of Rio Grande Valley court systems, and we will help you fight for the compensation you deserve.
We understand that money will not bring back your loved one, but we also know that the road to healing is more difficult when you are also concerned about finances.
If you have questions about your rights and legal options following the sudden death of a loved one, contact us today for a free consultation.
