When a family member is killed due to someone else’s negligence, recklessness, or intentional misconduct in Texas, the surviving family members have the right to file a wrongful death lawsuit to recover compensation for their devastating losses. A wrongful death attorney in McAllen can help your family hold the responsible party accountable and pursue the full compensation you deserve.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

What Is a Wrongful Death Claim Under Texas Law?

Texas recognizes a wrongful death cause of action under Tex. Civ. Prac. & Rem. Code §§ 71.001–71.012. A wrongful death claim arises when a person’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity. In practical terms, this means that if your loved one was killed because another party was negligent or acted wrongfully — whether in a car accident, a workplace incident, a medical procedure, or any other situation — you may have the right to sue that party for damages.

Wrongful death law in Texas was created to give families a legal remedy for the loss of their loved one. Without this statute, the right to sue would die with the victim. The wrongful death act preserves that right and extends it to qualifying family members.

When Does Wrongful Death Apply?

A wrongful death claim can arise from virtually any act of negligence or intentional wrongdoing that results in death. Common scenarios that lead to wrongful death claims in McAllen and the Rio Grande Valley include:

Fatal motor vehicle accidents caused by drunk, distracted, or reckless drivers
Commercial truck accidents involving large semi-trucks on U.S. 83, U.S. 281, and other major Rio Grande Valley corridors
Workplace accidents on construction sites, in industrial facilities, or in agriculture
Medical malpractice — surgical errors, misdiagnosis, anesthesia errors, or failure to treat
Premises liability — deaths caused by falls, drowning in unguarded pools, or other unsafe property conditions
Product liability — defective vehicles, equipment, or consumer products
Deaths caused by intentional acts such as assault

Who Can File a Wrongful Death Lawsuit in Texas?

Under Tex. Civ. Prac. & Rem. Code § 71.004, only specific family members have the right to file a wrongful death lawsuit in Texas. Those eligible to file are:

The surviving spouse of the deceased
The surviving children of the deceased, including adopted children
The surviving parents of the deceased

Siblings, grandparents, and other extended family members do not have standing to file a wrongful death claim under Texas law. If none of the qualifying family members file within three months of the death, the personal representative (executor) of the deceased’s estate may file on behalf of the estate.

What Damages Can a Wrongful Death Claim Recover?

Texas wrongful death damages are intended to compensate surviving family members for the full extent of their losses. These include both economic and non-economic damages:

Pecuniary loss — the financial contributions the deceased would have made to the family over their expected lifetime, including wages, benefits, and household services
Loss of companionship and society — the loss of the deceased’s love, affection, comfort, guidance, and support
Mental anguish — the grief, trauma, and emotional suffering experienced by surviving family members
Funeral and burial expenses — the direct costs of the deceased’s burial and funeral services

In cases involving gross negligence or intentional misconduct — such as a DWI fatality or an assault — exemplary (punitive) damages may also be available.

In addition to a wrongful death claim, the estate of the deceased may separately pursue a survival claim under Tex. Civ. Prac. & Rem. Code § 71.021 for the pain, suffering, and lost earnings the deceased experienced between the injury and death.

Why Families Need a Wrongful Death Attorney

Insurance companies know that grieving families are vulnerable. After a fatal accident, insurers frequently move quickly to offer a settlement — often far below the actual value of the claim — before the family has time to understand their rights or retain an attorney. Common insurer tactics include:

Presenting a settlement offer that seems substantial but does not account for long-term lost income, full grief damages, or punitive damages
Requesting recorded statements from family members while they are still in shock and grieving
Arguing that the deceased was partially at fault under Texas comparative fault rules (Chapter 33) to reduce the payout
Delaying the claims process to run out the statute of limitations

An experienced wrongful death attorney in McAllen will investigate the circumstances of the death, preserve critical evidence, identify all liable parties, retain expert witnesses, and build the strongest possible case for your family. The statute of limitations for wrongful death in Texas is two years from the date of death under Tex. Civ. Prac. & Rem. Code § 16.003.

Representing Rio Grande Valley Families

Families in McAllen, Edinburg, Pharr, Mission, and throughout Hidalgo County have the right to demand full accountability when they lose a loved one to someone else’s negligence. The Relentless Lawyer is committed to fighting for those families with the dedication and persistence their loss demands.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Frequently Asked Questions

What is a wrongful death claim in Texas?

A wrongful death claim is a civil lawsuit filed by surviving family members when a person is killed due to another party’s negligence, recklessness, or intentional misconduct. It is governed by Tex. Civ. Prac. & Rem. Code §§ 71.001–71.012.

How long do I have to file a wrongful death lawsuit in Texas?

You have two years from the date of your loved one’s death to file a wrongful death lawsuit in Texas under Tex. Civ. Prac. & Rem. Code § 16.003. Missing this deadline will bar your claim.

Who is entitled to file a wrongful death claim in Texas?

Under § 71.004, the surviving spouse, children (including adopted children), and parents of the deceased are entitled to file. If they do not file within three months of the death, the estate’s personal representative may file on behalf of the estate.

Can I file a wrongful death claim if criminal charges are also pending?

Yes. A wrongful death lawsuit is a civil action and is completely separate from any criminal prosecution. The civil case can proceed simultaneously with or after a criminal case, and a criminal conviction can provide useful evidence in your civil claim.

What is the difference between a wrongful death claim and a survival claim?

A wrongful death claim compensates surviving family members for their own losses. A survival claim, under § 71.021, is brought by the deceased’s estate and compensates for the pain, suffering, and lost earnings the deceased experienced from the time of injury until death. Both claims can be filed simultaneously.

Are there caps on wrongful death damages in Texas?

Texas does not cap wrongful death damages in most cases. Medical malpractice wrongful death cases are subject to a cap on non-economic damages under Tex. Civ. Prac. & Rem. Code § 74.301, but other wrongful death cases — such as those arising from car accidents or intentional acts — are generally not subject to damage caps.

How can an attorney help with a wrongful death claim in McAllen?

An experienced wrongful death attorney can investigate the cause of death, preserve evidence, identify all responsible parties, retain accident reconstruction and medical experts, negotiate with insurers, and take the case to trial if a fair resolution is not reached. Early legal representation is critical to protecting your family’s rights.