Wrongful Death Lawyer in McAllen, TX
When someone you love is killed because of another person’s carelessness, the grief can be overwhelming, and the questions that follow only add to the weight. You may be wondering who is responsible, whether you have legal options, and how your family will manage the financial pressure of medical bills, funeral costs, and lost income. Texas law does allow surviving family members to file a wrongful death claim, but the process involves strict eligibility rules, a firm filing deadline, and an insurance system that rarely offers fair compensation without pressure.
Redemption Law is a personal injury firm that helps families in McAllen and across the Rio Grande Valley navigate wrongful death claims from start to finish. Rather than passing your case between departments, we assign a small team that stays with you from intake through resolution. Our goal is to give your family clear answers about what your claim is worth, how the process works, and what to expect from the insurance companies involved.
How Texas Wrongful Death Law Works
A wrongful death claim in Texas is a civil lawsuit filed by surviving family members when someone dies due to another party’s negligence, recklessness, or intentional misconduct. The legal basis for these claims is found in Chapter 71 of the Texas Civil Practice and Remedies Code, which states a claim may be brought when a death results from a “wrongful act, neglect, carelessness, unskillfulness, or default.” In practical terms, this means the person who died would have had the right to file a personal injury lawsuit if they had survived.
According to the Texas Department of Transportation’s 2024 crash data, one person was killed in a traffic crash every two hours and seven minutes on Texas roadways that year, with 4,150 total fatalities recorded. Car and truck accidents are among the most common events that lead to wrongful death claims in the McAllen area, though these cases can also arise from premises liability incidents, workplace accidents, and other forms of negligence.
Who Can File a Wrongful Death Claim in Texas
Texas law limits who is eligible to bring a wrongful death lawsuit. Understanding these rules early matters because insurance companies will look for any reason to challenge standing or delay the process.
Eligible Family Members
Under Section 71.004 of the Texas Civil Practice and Remedies Code, only certain individuals are permitted to file a wrongful death action. Those eligible parties include the following:
- Surviving spouse: A legally married husband or wife of the deceased person
- Children: Biological and legally adopted children, regardless of age
- Parents: Biological and adoptive parents of the deceased individual
Siblings, grandparents, and other extended family members are not eligible to file under Texas law. If none of the eligible family members file a claim within three months of the death, the personal representative of the deceased’s estate may bring the lawsuit on their behalf. This rule exists to ensure that someone pursues the claim within the statutory window, even when immediate family may be unable to act immediately.
Facts and Statistics
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The Two-Year Filing Deadline and What to Expect
Families have two years from the date of their loved one’s death to file a wrongful death lawsuit in Texas. If this deadline passes without a claim being filed, the court will almost certainly dismiss the case, regardless of how strong the evidence is.
How Your Case Is Evaluated
When you bring a wrongful death claim to our firm, the first step is a thorough review of the facts. We collect medical records related to the fatal injury, obtain police reports or accident documentation, and identify every party that may share liability. From there, we calculate the full financial impact of the loss, including wages the deceased would have earned, medical treatment costs before the death, and funeral expenses. This evaluation determines the actual value of the claim and serves as the foundation for every negotiation that follows.
What Damages Can Be Recovered
Families who file a successful claim may recover compensation for both economic and non-economic losses. Economic damages cover measurable financial harm, such as lost wages, funeral expenses, and medical costs. Non-economic damages address the grief of losing a spouse or parent, the loss of companionship, and the emotional toll on surviving children. In cases involving extreme recklessness, the court may also award exemplary damages.
How Insurance Companies Handle These Cases
Insurance adjusters are trained to minimize payouts, and they use specific tactics to reduce a claim’s value. These can include requesting recorded statements early, disputing the financial impact of the loss, or arguing the deceased shared fault for the incident. In car accident wrongful death cases, insurers frequently raise comparative fault to lower the settlement amount. Your attorney handles all communication with the insurance company so you do not have to. Most cases begin with a demand supported by the evidence your legal team has gathered. If the insurer refuses to offer a reasonable amount, the next step is to file suit and prepare for litigation. Throughout this process, your case manager provides regular updates so there are no surprises about where things stand or what comes next.
Redemption Law Is Here to Help Your Family Through This Process
Losing a family member is something no one can fully prepare for, and the legal process should not add unnecessary confusion to an already painful time. At Redemption Law, we evaluate every wrongful death case by examining the specific facts, identifying all liable parties, and calculating the full scope of damages your family has suffered. Our team works closely with each client to build an evidence-based case, and we operate on a contingency fee basis, meaning you pay nothing unless we recover compensation on your behalf.
If your family has lost someone due to another party’s negligence in McAllen or anywhere in the Rio Grande Valley, we encourage you to reach out before the filing deadline approaches. Contact Redemption Law today to schedule a consultation and learn how we can help you move forward.
