McAllen Wrongful Death Lawyer

Who Can File a Wrongful Death Lawsuit in Texas?

Texas law clearly defines who can pursue a wrongful death claim. Understanding these requirements is crucial, as only certain family members have the legal standing to seek justice:

Primary Beneficiaries

• The surviving spouse, including common-law spouses who meet Texas requirements.
• The deceased's children, including biological, adopted, and adult children.
• The deceased's parents, including biological and adoptive parents.

Estate Representative

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.

Keep in mind that only specific family members, such as spouses, children, and parents, have the legal right to file wrongful death claims under Texas law, while siblings, grandparents, and other relatives generally cannot. Moreover, multiple eligible family members may join together in a single lawsuit, with any settlement or judgment divided among them based on their individual losses.

Compensation Available in Wrongful Death Cases

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:

Economic Damages

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.

Non-Economic Damages

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.

Punitive Damages

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.

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 Statute of Limitations for Filing Wrongful Death Claims in Texas

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:

Discovery Rule

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.

Government Entities

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.

Minor Children

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.

What to Do After a Wrongful Death — And How Our McAllen Attorneys Can Help

In the aftermath of a sudden loss like the death of a family member, knowing what to do can feel impossible. Below are the steps families should take, along with how our wrongful death lawyers at Omar Ochoa Law Firm step in to assist at each stage.

1. Document What You Know and Preserve Evidence

• What you should do: Write down everything you remember — when, where, and how the incident occurred. Save any records, photos, correspondence, or contact info for witnesses.
• How we help: Our team immediately begins a formal investigation. We secure accident reports, medical records, video footage, and expert evaluations to preserve time-sensitive evidence and prove fault.

2. Avoid Speaking to Insurance Companies Alone

• What you should do: Do not give recorded statements or accept any early offers from insurers — they may undervalue your loss.
• How we help: We step in as your legal voice. Our attorneys handle all insurance communications and protect you from pressure tactics designed to minimize your claim.

3. Understand If You Have a Valid Wrongful Death Claim

• What you should do: Contact a qualified wrongful death attorney as soon as possible to learn your rights. In Texas, only certain family members are eligible to file a claim.
• How we help: We assess your situation in a free consultation, determine who’s eligible to sue, and explain your legal options — clearly and compassionately.

4. File the Necessary Legal Paperwork Promptly

• What you should do: Don’t wait — Texas law gives you only two years to act, and some cases have shorter deadlines.
• How we help: We prepare and file all legal documents on your behalf, ensuring you meet every deadline and legal requirement, thereby preserving your right to compensation.

5. Calculate Your Family’s Losses

• What you should do: Gather information about your loved one’s income, household role, and any medical or funeral costs already incurred.
• How we help: We work with financial and vocational experts to determine the full value of your economic and emotional losses — and make sure no category of compensation is overlooked.

6. Stay Focused on Grieving While We Handle the Case

• What you should do: Lean on your support system and take care of yourself and your family. Let us manage the legal and financial burden.
• How we help: We maintain ongoing communication, provide updates, and offer steady guidance throughout your case, always with compassion and respect.

7. Be Prepared for Settlement or Trial

• What you should do: Be honest about what justice looks like for your family. Some cases settle quickly, others require going to court.
• How we help: Whether through negotiation or trial, our attorneys build the strongest case possible and pursue maximum compensation on your behalf.