Omar Ochoa Law Firm

Wrongful Death

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Wrongful Death Attorney in Texas

Get the Insurance Coverage You Deserve

At the Omar Ochoa Law Firm, you are not just a number. Our clients are our highest priority, and we will listen compassionately to your situation as we prepare an aggressive case for damages. Especially in the case of wrongful death, we understand the emotional turmoil you may be going through, and we will do our best to make the legal process easy for you as you focus on your family’s recovery. We’ve gone toe-to-toe against some of the biggest law firms in the country, so you can trust that we know how to bring a tough legal fight. The Omar Ochoa Law Firm will put our professional experience, negotiation skills, and legal resources to use as we champion your right to damages in a wrongful death claim.

If you're seeking compensation for the wrongful death of a loved one, call us at (956) 253-3121 or request a free consultation.

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Wrongful Death Damage Awards

A surviving spouse, child, or parent may file a wrongful death lawsuit in Texas civil court. The statute of limitations for filing such a claim in the state is 2 years from the date of the person’s death. Note that if none of the surviving individuals file a claim within 3 months of the date of death, the personal representative (“executor”) of the deceased’s estate may file the claim instead, unless the family members specifically instruct otherwise.

In a successful wrongful death claim, the surviving spouse, children, and parents may receive damages for their losses resulting from the wrongful death.

Some examples of damages that may be compensated for include:

  • lost earning capacity;
  • lost care, maintenance, services, support, advice, and counsel the deceased would have provided their surviving family members;
  • pain and anguish experienced by the surviving family;
  • lost love, companionship, comfort, and society; and
  • lost inheritance, including what the deceased would likely have saved and left to surviving family members if they had lived.

The court may also order exemplary damages (also called "punitive damages") if the death was the result of a willful act or omission or gross negligence. While the above damages are meant to compensate the surviving family members for losses associated with the death, punitive damages are meant primarily to punish the wrongdoer and deter others from similar conduct.

If your loved one has experienced a wrongful death in McAllen, Texas, do not hesitate to contact the Omar Ochoa Law Firm for legal help to file your claim for damages. While you may be going through a difficult time mentally and emotionally, we can be your crutch and counsel you through the litigation process from start to finish. We will fight genuinely and aggressively for your right to compensation, especially as wrongful death has lain an unfair blow on you and your family.

What Constitutes a Claim of Wrongful Death?

Any survivors of a deceased person have the right to file a wrongful death claim if they believe the person died of another party’s accidental, negligent, or intentional act. Under Tex. Civ. Prac. & Rem. Code §§ 71.001 to 71.003, “wrongful death” occurs when:

  • the injury causes a person's death or a fetus's failure to be born alive;
  • the injury is caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default; and
  • the injured person would have been entitled to file a personal injury lawsuit had they lived or been born alive.

Wrongful death lawsuits may be grounded in one of several types of incidents, such as medical malpractice or car accidents.

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Why Choose Omar Ochoa Law Firm?


There’s no one-size-fits all solution. Every client is individual and we tailor our services for their specific needs.

Deep Knowledge

We have years of experience under our belts and a proven track record of settlements and verdicts

Available 24/7

We pride ourselves on being a resource for our clients to turn to whenevery they need it

There Is No Fee Unless We Win

It’s simple: if we don’t win, you don’t pay.

We Offer Spanish-Speaking Services

Members of our team are fluent in Spanish and ready to serve clients in their preferred language.

What Our Clients Are Saying

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. 


Mr. Ochoa was able to help us after a hurricane get us more for our property damage. Also great friendly staff was able to answer all questions!!!

Richard Trevino


First time getting a lawyer for an accident, Omar Ochoa Lw firm was very helpful in providing clear instructions and information to help me battle my motor vehicle case. I would highly recommend.

Jodabeni Dondeli


I am highly recommending Omar Ochoa law firm. We had damage to our roof and were not satisfied with our insurance.  Got recommended to Mr Ochoa he really did all he Could to help us get enough to repair our roof.  Staff are also very friendly and helpful.  This currently helps to feel welcome.  Again I highly recommend if you are looking for help with roof repair and you were not satisfied with your insurance reimbursement

Imelda Garza

Proudly Achieving Justice Throughout Texas

We know what’s at stake, and we will fight for you as if you were our own family member. We serve cities across all of Texas, including, but not limited to:

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Call us at (956) 253-3121 or submit your case online for prompt evaluation.

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Available 24/7

No fees unless we win

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