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Losing a loved one is the most painful experience someone can have — and when that loss is sudden, unexpected, and caused by someone else’s negligence, families are left to cope not only with grief, but also with the unfairness and unanswered questions that follow.
At Omar Ochoa Law Firm, we understand your heartache and confusion during this devastating time. Our compassionate McAllen wrongful death lawyers are here to provide steady support, clear guidance, and relentless legal advocacy as you seek justice for your loved one.
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Skilled Wrongful Death Attorneys Serving McAllen Families
Sadly, statistics indicate a concerning trend in the rise of preventable deaths nationwide in recent years. During such difficult times, families in McAllen need compassionate and skilled legal representation to understand their rights and pursue justice.
At Omar Ochoa Law Firm, we are dedicated to providing unwavering support and legal guidance to families who have suffered the tragic loss of a loved one due to wrongful death. With decades of experience gained by winning over $1 billion for our clients, we have the skill and resources to thoroughly investigate the circumstances, build a strong case, and fight tirelessly to hold the responsible parties accountable.
If you have experienced the loss of a loved one and believe it was due to negligence, please contact Omar Ochoa Law Firm today for a free, confidential consultation. Call us at 956-253-3121.
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Texas Civil Practice and Remedies Code § 71.001-71.003 defines wrongful death as one resulting from another party's:
To pursue a wrongful death lawsuit successfully, evidence must demonstrate that had the deceased survived, they would have qualified to file a personal injury lawsuit against the responsible party.
Our dedicated McAllen wrongful death attorneys handle a diverse range of fatal accident circumstances, including:
Negligence on the road, such as speeding, distracted driving, driving under the influence, or running red lights, are frequent causes of tragic fatal collisions. Our team is experienced in investigating these incidents to determine fault and pursue justice for grieving families.
Due to their size and complexity, accidents involving large commercial trucks often result in severe injuries and fatalities. Factors like driver fatigue, improper maintenance, overloading, and inadequate training can contribute to these devastating events, and we are skilled in navigating the intricate regulations governing the trucking industry.
Tragic fatalities can occur in the maritime industry due to unsafe working conditions, vessel negligence, improper training, or equipment malfunctions, and our attorneys are prepared to handle the complexities of admiralty and maritime law to advocate for affected families.
Manufacturers have a responsibility to ensure their products are safe for consumers. When defective design, manufacturing flaws, or inadequate warnings lead to a fatality, we hold negligent companies accountable for the harm they have caused.
Regardless of how your loved one's death occurred, our McAllen wrongful death lawsuit lawyers will evaluate your situation and explain your legal options for pursuing fair compensation.
Texas law clearly defines who can pursue a wrongful death claim. Eligible family members include:
If none of these individuals file a claim within three months of the person's death, the executor or administrator of the deceased's estate may do so unless all eligible family members specifically request otherwise.
According to Section 16.003 of the Civil Practice and Remedies Code, surviving family members have two years from the date of the victim's death to file a wrongful death lawsuit. Missing this deadline can permanently bar your right to seek compensation.
Here are several factors that can affect this deadline:
This legal principle can extend the typical two-year deadline in situations where the deceased or their family could not have reasonably known about the negligent cause of death until a later point in time.
Filing claims against governmental entities (like cities or the state) imposes much stricter and often shorter notification requirements that must be met before the standard two-year statute of limitations begins to run. If these preliminary steps are missed, a claim could be barred.
The statute of limitations for surviving minor children who have the right to bring a wrongful death claim may be tolled until they reach the age of majority (18). This gives them an independent opportunity to pursue legal action, even if the standard limitation period has passed for adult survivors.
After a fatal accident, evidence can disappear quickly, and important documents may be lost. Don't delay seeking legal help — our McAllen wrongful death attorneys can help you meet all critical deadlines.
Schedule a free consultation with Omar Ochoa Law Firm to understand your rights and options.
Texas law outlines various types of wrongful death damages available to help families cover resulting costs and rebuild their lives.
Here's what you should know about your compensation rights:
These are tangible financial losses directly resulting from your loved one's death. This can include medical expenses incurred before their passing, funeral and burial costs, the loss of their future earning capacity (including wages, benefits, and potential career growth), and the value of lost household services they provided.
These damages address the intangible losses suffered by surviving family members due to the emotional impact of the death. This can include compensation for mental anguish, grief, loss of companionship, loss of inheritance (the financial benefit the survivors would have likely received from the deceased's estate), and loss of care, counsel, and support.
In cases where the death was caused by particularly egregious conduct, such as gross negligence or intentional harm, punitive damages may be awarded. These damages are not intended to compensate the survivors for their losses but rather to punish the wrongdoer and deter similar behavior in the future.
Texas law specifies how the damages recovered in a wrongful death lawsuit are to be distributed among the surviving spouse, children, and parents of the deceased. Our attorneys can explain the legal framework for distribution and ensure the funds are allocated appropriately according to the law.
Our McAllen wrongful death attorneys can help calculate and prove the losses you've suffered, ensuring your family receives fair compensation. Though no amount of money can replace your loved one, securing your family's financial support is an important step forward.
The compassionate legal team at Omar Ochoa Law Firm provides comprehensive support throughout every stage of your wrongful death case. Here's how we'll help while you focus on healing:
We conduct a comprehensive investigation into the circumstances surrounding your loved one's death, gathering crucial evidence such as police reports, medical records, witness statements, and opinions to build a strong and compelling case that establishes negligence and liability.
Our team handles all aspects of the insurance claim process, including communicating with insurance companies, negotiating settlements, and protecting you from unfair tactics designed to minimize or deny your rightful compensation.
We meticulously prepare and file all necessary legal documents, navigate complex court procedures, and ensure all deadlines are met accurately and efficiently, relieving you of this significant burden during a difficult time.
We understand the emotional toll of losing a loved one, and we prioritize clear and consistent communication, keeping you informed of every development in your case and providing compassionate support and guidance throughout the entire legal journey.
If a fair settlement cannot be reached, our experienced trial attorneys are fully prepared to vigorously represent your family's interests in court, presenting a compelling case to a judge and jury to pursue the justice you deserve.
No matter what challenges arise, our McAllen wrongful death attorneys will support you throughout the entire experience.
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Reach out to Omar Ochoa Law Firm for a confidential consultation.
Here's why clients trust our personal injury law firm to handle their McAllen wrongful death claims:
We will guide you through every step of the legal process, ensuring you understand your rights and options without the added stress during this difficult time.
Our experienced attorneys meticulously build your case to pursue the full financial compensation you are entitled to under Texas law for your losses.
We possess a comprehensive understanding of Texas wrongful death laws and diligently apply this knowledge to protect your family's interests.
Our firm is prepared to handle all aspects of wrongful death litigation, providing strong and effective representation in negotiations and at trial.
We are available 24/7 to address your concerns, offer support in both Spanish & English, operate locally with a proven track record, and you pay no fee until we win your case.
Want to hear more about how we help and what we do? Don’t just take our word for it. Read our real client reviews and testimonials - and see videos from our real former clients.
While no legal action can truly replace your loved one, pursuing justice and accountability can provide a measure of closure and financial security for your future.
Call Omar Ochoa Law Firm at 956-253-3121 today for compassionate guidance and dedicated advocacy. Let us help you navigate this difficult time and fight for the answers and compensation your family deserves.
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Even if the at-fault party lacks insurance, we will explore all available options for recovering compensation, such as pursuing personal assets or examining your loved one's insurance policies for underinsured motorist coverage.
Texas follows a modified comparative negligence rule, meaning your family can still recover damages even if your loved one was partially responsible for their death, as long as their fault is not more than 50%. However, the compensation you receive will be reduced in proportion to their degree of fault.
A will does not determine who can file a wrongful death claim, as this right is granted by Texas law to specific surviving family members. However, the will may influence who ultimately receives the proceeds from a successful wrongful death lawsuit, as these funds typically pass to the beneficiaries designated by law, which may align with or differ from the will's provisions.
