Wrongful Death Lawyer in McAllen

A Compassionate Legal Team Helping Grieving Family Members Pursue Legal Action Following a Loved One’s Death

The sudden death of a loved one can turn your life upside down. We know because we have represented clients with wrongful death claims on numerous occasions in McAllen, Texas.

The grief and the shock are just the beginning. If the accident was caused by someone else, your outrage is likely to grow day by day. Unfortunately, it is impossible to undo a fatal accident. No amount of money can compensate for the loss of your loved one. A South Texas wrongful death lawyer from The Law Office of Lino H. Ochoa is here to help you during this difficult time.

If you have lost a loved one in a tragic accident in McAllen, TX, or the Rio Grande Valley at large, our legal team is here for your family. Our track record shows that we will fight hard for your rights. Over the years, we have recovered over $100 million in compensation for our clients.

Contact our law offices today for a free consultation or call with our experienced South Texas wrongful death attorney.

How Can the Law Office of Lino H. Ochoa Help with Your McAllen, TX Wrongful Death Lawsuit?

Our McAllen wrongful death lawyers can help you in the following ways, among others:

Apply our knowledge of the nuances of Texas wrongful death law to the facts of your case
Offer emotional support to grieving family members throughout the process
Conduct a thorough investigation of the circumstances surrounding the victim’s death
Identify parties who might bear liability for the death
Seek punitive damages if gross negligence or intentional misconduct played a role in the death
Calculate damages
Negotiate with the defendant or insurance company and fight for compensation
Handle paperwork and comply with deadlines

Our McAllen-based wrongful death lawyers at The Law Office of Lino H. Ochoa can help you obtain just financial compensation during your time of need.

What is Considered Wrongful Death Under Texas Law?

The Texas Wrongful Death Act authorizes and governs Texas wrongful death claims. “Wrongful death” is a legal term that refers to the death of someone as a consequence of negligent, reckless, or intentional misconduct by someone else. Wrongful death even applies to no-fault claims, such as product liability, where a defective product results in death.

The Elements of a Wrongful Death Claim

A wrongful death claim can be based on negligence (a truck accident), intentional misconduct (a murder), or even no-fault liability (product liability). The key factor in generating a wrongful death claim is that one party is liable for the financial consequences of the death of another.

Negligence is by far the most common basis for a wrongful death claim.

To establish wrongful death based on negligence, you must prove the following legal elements:

The defendant owed the victim a duty of care
The defendant breached their duty of care to the victim
The victim died
The defendant’s breach of duty (negligence) was the cause of the victim’s death
Given the fact of the defendant’s negligence, a reasonable person could have foreseen the victim’s death

Texas is a modified comparative negligence state. The compensation that your family is entitled to may be reduced if the victim’s negligence contributed to the accident. A court may assign a percentage of fault to each party. When this occurs, the awarded damages will be reduced in proportion to the victim’s amount of fault.

Survival Actions

A survival action is a close companion of a wrongful death claim, as it typically arises from the same course of events. Imagine a fatal truck accident, for example. A wrongful death claim offers compensation to the victim’s surviving family members due to their own losses arising from the death (emotional distress, for example).

A survival action, by contrast, offers compensation for the victim’s injuries between the time of the accident and the time of death. Damages in a survival action consist of any compensation the deceased victim could have collected if they had survived the accident (medical expenses, pain and suffering, etc.).

How is a Wrongful Death Claim Different From a Homicide Claim?

The following are some of the main differences between a homicide prosecution and a wrongful death lawsuit or claim:

A wrongful death claim is civil, while homicide prosecutions are criminal.
In a homicide prosecution, defendants can go to prison if they lose. In a wrongful death claim or lawsuit, money is at stake.
Homicide prosecutions require proof “beyond a reasonable doubt.”
To win a wrongful death lawsuit, you must prove liability by a “preponderance of the evidence”. This typically means that evidence shows it is “more likely than not.”
You can still win a wrongful death lawsuit even if the defendant was acquitted in criminal court. This is due to the disparity between the “beyond a reasonable doubt” standard and the “preponderance of the evidence” standard.

You don’t have to wait until the conclusion of criminal proceedings to file a wrongful death lawsuit.

Who Files a Wrongful Death Lawsuit Against the At-Fault Party in McAllen, TX?

The victim of wrongful death cannot file a lawsuit. So, who can? In Texas, surviving family members (children, parents, or spouse) may file a wrongful death lawsuit. Any of them or all of them may file, and a court will distribute the damages. If none of these parties file the claim within three months of the victim’s death, only then may the estate executor file the wrongful death claim.

An adopted child is eligible for the wrongful death damages of their adoptive parents. Adult children are also eligible for damages from their biological parents.

Texas treats the death of an unborn child the same way it treats the death of any other child. The child’s family can recover damages. Some damages, such as lost financial support, will not be applicable.

What Damages Are Available in a Successful Wrongful Death Case in McAllen, TX?

Damages in a wrongful death lawsuit go directly to the victim’s surviving relatives.

Typical damages in a wrongful death lawsuit consist of:

Lost financial support
Lost savings and inheritance
Lost household income
The value of lost household services (if the victim was a homemaker, for example)
Survivors’ emotional distress
Loss of love and companionship
Loss of advice and support
Loss of services and maintenance.

Survivors do not necessarily qualify for all of these types of damages. The available damages will partly depend on the relationship with the deceased.

Texas typically does not cap damages in wrongful death claims. Plaintiffs can receive as much in damages as the court will allow for their case.

Punitive Damages

Survivors can demand and receive punitive damages in a wrongful death claim just as they could have in a personal injury claim in McAllen, TX. Courts award punitive damages, if at all, only if you submit “clear and convincing evidence” that the defendant acted with gross negligence, malice, or fraud. A homicide might qualify for punitive damages, for example. Punitive damages are not necessarily available even to a victorious plaintiff, as courts are usually reluctant to award them.

What Are Common Causes of Fatal Injuries?

Losing a loved one is always difficult, but when a person’s death is caused by intentional harm or someone else’s negligence, this can be especially difficult to take.

When you come to our dedicated legal team for your wrongful death case, we will pursue all options to help you secure a fair settlement for your untimely loss. The process will begin by performing a thorough investigation and gathering evidence to support your wrongful death claim, including witness statements, medical records, accident reports, and more. From there, your skilled wrongful death attorney will navigate the legal system, pursuing justice while providing compassionate support to you and your loved ones every step of the way.

Various circumstances lead to wrongful death accidents, including the following examples:

Amusement park, hotel, and resort accidents
Aviation accidents
Birth injuries
Building code violations
Car accidents, commercial truck accidents, pedestrian accidents, motorcycle accidents, bicycle accidents, dump truck accidents, and other types of motor vehicle accidents
Defective products, wherein your McAllen or South Texas wrongful death attorney will attempt to hold responsible parties accountable, such as the manufacturers
Dog bites and animal attacks
Drunk driving incidents
Electrocution
Explosions, fires, and smoke inhalation
Exposure to harmful substances and hazardous materials
Inadequate warnings or instructions on dangerous products or drugs
Machine malfunctions and structural collapse
Medical malpractice or medical negligence
Negligent security
Fatal workplace accidents, which are more common in certain professions and fields
Slip, trip, and fall accidents
Swimming pool accidents and preventable drownings
Unintentional poisoning
Violence and assault
And more

When severe injuries later result in death, we will examine the facts of the case to establish liability and seek compensation according to the Texas legal framework for wrongful death cases. With a successful claim and exceptional legal representation, it is possible to recover compensation for costly medical bills, mental anguish, and more.

In cases where the defendant or the insurance company refuses to take responsibility, an experienced attorney can represent you in wrongful death litigation matters. These legal proceedings often take your case to trial and require extensive legal knowledge of trial proceedings.

To learn more, please contact our Texas civil practice to schedule your free case review today.

What is the Statute of Limitations Deadline for a Texas Wrongful Death Claim?

In Texas, you must file a wrongful death lawsuit within two years of the victim’s date of death. Note the distinction with the personal injury statute of limitations, which is two years after the date that the victim suffered their injury. Limited exceptions may apply for filing a wrongful death claim in Texas.

If you fail to file a wrongful death lawsuit before the statute of limitations expires, you will be unable to recover damages for your family’s loss.

If you have tragically lost a loved one in an accident caused by someone else’s negligence in McAllen, Texas, we are here for you. 24/7 at 956-707-3610 to schedule a free, confidential, no-obligation consultation with our McAllen wrongful death attorney. We serve Hidalgo County and its surrounding areas.

What Other Related Practice Areas Does Our McAllen Law Firm Represent?

Our personal injury law firm in McAllen, TX also handles:

McAllen Bad Faith Insurance Lawyers
McAllen Bicycle Accident Lawyer
Brain Injury Lawyers in McAllen, TX
Bus Accident Lawyers in McAllen, TX
McAllen Car Accident Attorneys
Construction Accidents Attorneys in McAllen, TX
McAllen Dog Bite Lawyers
McAllen Medical Malpractice Lawyers
McAllen Motorcycle Accident Lawyers
Pedestrian Accident Lawyers in McAllen, TX
Premises Liability Attorneys in McAllen, TX
Product Liability Lawyers in McAllen, TX
McAllen Slip and Fall Lawyers
McAllen Truck Accident Attorneys
Uber and Lyft Accident Lawyers in McAllen, TX

The Law Office of Lino H. Ochoa
6316 N 10th St Building D, Suite 102 McAllen, Texas, 78504

Office hours: Monday to Friday, from 8 am to 5 pm

Phone: 956-707-3610

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*Disclaimer – we do not endorse these companies or profit from having them listed on our website.

Schedule a Free Consultation with a McAllen Wrongful Death Lawyer to Discuss Your Case Today

The Law Office of Lino H. Ochoa has over 25 years of legal experience representing clients in personal injury cases and grieving family members in wrongful death actions. If you have recently lost a loved one in a wrongful death incident, we will review the facts to determine whether you have the right to file a wrongful death lawsuit and recover compensation from the at-fault party or their insurance provider.

We offer our sincerest condolences to you and your loved ones during this difficult time. We also understand that the legal proceedings that await you are likely to be very challenging, so we want to extend a helping hand to help you pursue the most satisfactory outcome possible.

To discuss your case in more detail with a compassionate wrongful death attorney, please schedule your free, no-obligation case evaluation today. You can reach us at 956-707-3610.