Wrongful Death Lawyer in McAllen, TX
When a McAllen family loses a loved one to someone else’s negligence, Texas wrongful-death law gives surviving spouses, children, and parents the right to recover the financial losses, lost guidance, and mental anguish the family is owed under Tex. Civ. Prac. & Rem. Code § 71.002. Bilingual representation. No fee unless we win.
A sudden death in the family rearranges everything — emotionally, financially, legally. Texas wrongful-death law is technical: only specific survivors have statutory standing under § 71.004, the filing window is two years from death (not the date of injury) under § 16.003, and the damages categories interact with a separate Survival Action under § 71.021 that most families don’t know exists. Chris Sanchez represents Hidalgo County wrongful-death families with the combined claim from the McAllen office at 317 W. Nolana Avenue and the San Juan office at 101 S. Nebraska Avenue.
Wrongful Death Claim vs Survival Action — How They Compare Under Texas Law
Most Texas wrongful-death cases involve two parallel claims: a Wrongful Death Action filed by surviving family members for their losses, and a Survival Action filed by the estate for damages the deceased could have claimed had they survived. The two claims have different beneficiaries, different damages categories, and different procedural rules. Understanding the difference is the foundation of every case.
| Aspect | Wrongful Death Action (§ 71.002) | Survival Action (§ 71.021) |
|---|---|---|
| Who files | Surviving spouse, children, parents (§ 71.004) | Estate’s personal representative |
| Who recovers | Surviving family members directly | The estate (then distributed via the will or intestacy) |
| Damages covered | Lost financial support, lost household services, loss of companionship, mental anguish | Medical bills before death, conscious pain & suffering, lost earnings between injury & death, funeral expenses |
| Mental anguish | YES — for the survivors | YES — for the deceased’s experience before death |
| Statute of limitations | 2 years from date of death (§ 16.003) | 2 years from date of death (§ 16.003) |
| Exemplary damages | YES — under § 41.003 for gross negligence/malice | YES — same standard |
| Tax treatment | Generally tax-free | May include taxable interest on pre-death earnings |
Both claims are typically filed together as a combined action. The Wrongful Death claim recovers for the surviving family’s future losses; the Survival claim recovers for what the deceased lost between the injury and death. Skipping either leaves money on the table.
How a McAllen Wrongful Death Case Proceeds — The Timeline
Most Common Causes of Wrongful Death in McAllen
- Multi-vehicle and 18-wheeler crashes on I-2 / US Expressway 83 — the deadliest stretch of highway in Hidalgo County.
- Drunk-driving crashes at intersections like 10th/Trenton, 2nd/Pecan, and the I-2 frontage roads. Dram Shop Act liability under Tex. Alc. Bev. Code § 2.02.
- Workplace fatalities in construction, oilfield, refinery, and warehouse settings. Non-subscriber claims under Tex. Lab. Code § 406.033 frequently produce higher recoveries than workers’ comp.
- Medical malpractice at DHR Health, South Texas Health System, and Rio Grande Regional Hospital. Pre-suit notice requirements under Texas Civ. Prac. & Rem. Code Ch. 74.
- Premises liability fatalities — assault on unsafe property, falls from height, electrocution, drowning at unsecured pools.
- Defective products — auto-design defects, child-restraint failures, defective industrial equipment.
Why Chris Sanchez for a McAllen Wrongful Death Case
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- Bar #331914, licensed since 2014. Verify license.
- Bilingual practice — every staff member speaks Spanish. Critical when communicating sensitive grief-period matters with families.
- Contingency fee only. Case expenses (autopsy review, economist, accident reconstruction) advanced by the firm.
- McAllen office at 317 W. Nolana Avenue, in Hidalgo County. Hidalgo County District Court is 15 minutes north in Edinburg.
- Direct phone access. The firm’s only correct phone numbers are (956) 686-4357 (McAllen) and (956) 475-3076 (San Juan). Any other number is not us.
For our broader practice see McAllen + San Antonio Wrongful Death and Wrongful Death Lawyer Brownsville.
Service Area — Hidalgo County and Surrounding
Chris Sanchez represents victims across the entire Rio Grande Valley including McAllen, Edinburg, Pharr, San Juan, Mission, Alamo, Donna, Weslaco, Mercedes, and beyond.
Free Consultation — McAllen Wrongful Death Cases
Talk directly with attorney Chris Sanchez. Bilingual. We come to you if travel is difficult.
Frequently Asked Questions — McAllen Wrongful Death
Who can file a wrongful death claim under Texas law?
Under Tex. Civ. Prac. & Rem. Code § 71.004, only the surviving spouse, children (biological or legally adopted), and parents have statutory standing. Siblings, grandchildren, and unmarried partners are not statutorily eligible. If no eligible survivor files within three months, the estate’s personal representative may file.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is filed by surviving family members for THEIR losses (lost financial support, lost companionship, mental anguish). A survival action is filed by the deceased’s estate for damages the deceased could have claimed had they survived (medical bills, conscious pain & suffering, lost earnings before death). Both are typically filed together in one combined action.
How long do I have to file a wrongful death lawsuit in Texas?
Two years from the date of death under § 16.003. The clock runs from death — not from the original accident. Claims against government entities require formal notice within six months under the Texas Tort Claims Act.
How much is a McAllen wrongful death case worth?
It depends on the deceased’s age, occupation, family relationships, the strength of liability evidence, and available insurance. Single-defendant cases typically resolve $250K-$750K; commercial-defendant cases $1M-$2.5M; gross-negligence cases can exceed $10M. Free consultation provides a case-specific valuation.
What if multiple family members are eligible to file?
Texas contemplates a single action on behalf of all eligible beneficiaries. Multiple separate suits are not typical. We coordinate among the family to file a unified action.
Can immigration status affect a wrongful-death claim?
No. Texas law protects undocumented victims and their families with the same wrongful-death rights as documented residents. Our firm does not report clients to ICE and does not require a Social Security number to open the case.
What if the death was a workplace fatality?
If the employer is a Texas non-subscriber to workers’ compensation (allowed under Tex. Lab. Code § 406.033 — Texas is the only state that permits this), the family can sue the employer directly in tort and the employer loses several standard defenses including contributory negligence and assumption of risk. Recoveries in non-subscriber cases frequently exceed workers’ comp benefits.
What is the correct phone number for The Law Office of Chris Sanchez?
(956) 686-4357 for the McAllen office and (956) 475-3076 for the San Juan office. The firm also has offices in San Antonio and Houston. Any other number associated with the firm is not us.
Cited Sources
- State Bar of Texas — Chris Sanchez Bar #331914
- Tex. Civ. Prac. & Rem. Code § 71.002 — Texas Wrongful Death Act
- Tex. Civ. Prac. & Rem. Code § 71.004 — eligible beneficiaries
- Tex. Civ. Prac. & Rem. Code § 71.021 — Survival Action
- Tex. Civ. Prac. & Rem. Code § 16.003 — statute of limitations
- Tex. Civ. Prac. & Rem. Code § 41.003 / § 41.008 — exemplary damages
- Tex. Civ. Prac. & Rem. Code Ch. 74 — medical malpractice pre-suit notice
- Tex. Alc. Bev. Code § 2.02 — Dram Shop Act
- Tex. Lab. Code § 406.033 — non-subscriber employer liability