Losing a loved one to someone else's negligence changes everything. The grief is real. The financial pressure comes fast. And the legal clock starts running the day of the death. If your family lost someone in McAllen or anywhere in South Texas due to negligence, you have the right to seek compensation and hold the responsible parties accountable. The Lopez Law Group has spent more than 15 years fighting for families across the Rio Grande Valley. As your wrongful death lawyer McAllen families trust, we handle every case on a no win, no fee basis.
ON THIS PAGE:
- What is a wrongful death claim under Texas law
- Common causes of wrongful death in McAllen
- What compensation may be available to your family
- Deadlines and mistakes that can hurt your case
A wrongful death lawyer in McAllen helps surviving family members file a wrongful death claim against the person or entity whose negligence caused their loved one's death. Under Texas Civil Practice and Remedies Code Section 71.002, eligible family members may recover compensation for funeral costs, lost income, and emotional suffering. Call (956) 968-7800 for a free consultation today.
About Attorney Fernando J. Lopez
Fernando J. Lopez founded The Lopez Law Group to give families in McAllen and across South Texas a lawyer who fights as hard for them as he would for his own family. With more than 15 years of experience in Texas personal injury law, Mr. Lopez has earned recognition from the National Trial Lawyers Top 100 and AIOPIA 10 Best and has been named Distinguished Counsel.
Attorney Lopez is fully bilingual in English and Spanish and has represented families in wrongful death cases involving car accidents, truck accidents, workplace incidents, and medical malpractice across Hidalgo County and the broader Rio Grande Valley. His team has recovered more than $25 million for injured and grieving clients across Texas.
"In our experience handling wrongful death cases across South Texas, the families who preserve evidence and contact an attorney in the first few days recover significantly more than those who wait. The aftermath of a wrongful death moves fast. So does the defense." — Attorney Fernando J. Lopez
Read the full bio of Fernando J. Lopez
What Is a Wrongful Death Claim in Texas?
A wrongful death claim in Texas is a civil lawsuit filed by surviving family members against a person or entity whose negligent or wrongful actions caused their loved one's death. It is separate from any criminal case and allows the family to seek financial compensation for the losses they suffered as a direct result of the untimely death of their loved one.
| Term | What It Means |
|---|---|
| Wrongful Death Claim | Civil action filed by surviving family for a loved one's death caused by negligence or wrongful actions |
| Survival Action | Claim the deceased could have filed had they survived. The estate recovers, not the family directly |
| Criminal Case | A separate legal proceeding. A civil wrongful death claim can proceed regardless of criminal outcome |
| Settlement | A negotiated financial resolution reached before or during litigation |
| Verdict | A court or jury determination of liability and damages if the case goes to trial |
Under Texas law, the right to file a wrongful death claim belongs to the spouse, children, or parents of the deceased. If none of those family members file a wrongful death lawsuit within three months of the date of death, the executor of the estate may file on behalf of the estate. This is why contacting an experienced attorney as soon as possible after a death matters so much.
Common Causes of Wrongful Death in McAllen
Wrongful death cases in McAllen and Hidalgo County arise from a wide range of accidents and incidents. Many of these involve clear negligence by a driver, employer, property owner, or medical provider.
- Fatal car accidents on IH-2 or US-83. McAllen sits at one of the busiest border crossings in Texas. High traffic volume and distracted or negligent drivers lead to fatal collisions every year. These are among the most common causes of wrongful death cases in the area.
- 18-wheeler and fatal truck accidents on IH-69C. Commercial vehicle crashes cause catastrophic injuries. When a driver or trucking company violates federal safety rules and someone dies, the family has the right to seek justice.
- Workplace and construction accidents. Fatal falls, equipment failures, and exposure to hazardous materials kill workers across the Rio Grande Valley every year. Employer negligence is often the cause of death.
- Medical malpractice. A missed diagnosis, a surgical error, or a medication mistake at a McAllen-area hospital can take a life. When a provider falls below the standard of care and your loved one dies, that is grounds for a wrongful death claim in Texas.
- Slip and fall resulting in fatal injury. A property owner who fails to maintain safe conditions can be held liable when a fatal fall occurs on their premises.
- Oilfield or industrial accidents. Families near the Texas Gulf Coast know the risks. When safety protocols are ignored and a worker dies, the employer or contractor may be liable.
- Drunk driving collisions. A negligent driver who chose to get behind the wheel while intoxicated bears full responsibility when that decision takes a life.
- Pedestrian fatalities. A driver who runs a red light or fails to yield at a McAllen intersection can be held accountable for a pedestrian's death.
- Product liability. Defective vehicles, equipment, or consumer products that cause death create a basis for wrongful death litigation against the manufacturer.
Data, Statistics and Local Insights
Fatal accidents in McAllen and Hidalgo County are not rare events. The numbers make the stakes clear.
| Statistic | Year | Source | Relevance |
|---|---|---|---|
| Texas recorded 4,284 traffic fatalities statewide | 2023 | TxDOT CRIS | Scale of fatal accident wrongful death claims in TX |
| Hidalgo County recorded 87 traffic fatalities | 2023 | TxDOT CRIS | Direct relevance to McAllen wrongful death cases |
| Falls are a leading cause of fatal unintentional injury in adults 65+ | 2023 | CDC | Supports premises liability wrongful death claims |
| Texas workplace fatalities: 542 deaths | 2022 | BLS Census of Fatal Occupational Injuries | Supports workplace wrongful death claims |
| Texas motor vehicle crash fatality rate: 1.38 per 100 million vehicle miles traveled | 2023 | NHTSA | National context for fatal accident litigation |
These are not just statistics. Each number represents a family like yours. If your loved one's death is reflected in these figures, Texas law allows you to hold the negligent party accountable through a wrongful death lawsuit McAllen families have the legal standing to file.
What to Do After Losing a Loved One to Wrongful Death
The days after a wrongful death are overwhelming. These steps can protect your family's legal rights while you grieve.
- 1Contact law enforcement immediately. Report the incident and request the official incident report number. This document is foundational to your case.
- 2Preserve all evidence. Do not discard anything. Photographs, dashcam footage, medical records, clothing, and physical items from the scene are all potentially important.
- 3Obtain the death certificate. You will need it to file a wrongful death lawsuit in Texas. Request multiple certified copies early.
- 4Do not speak to the at-fault party's insurance company. Insurance companies work to minimize payouts. Any recorded statement made without an attorney can hurt your wrongful death claim.
- 5Document your family's financial losses. Funeral costs, unpaid medical bills, and the income your loved one would have earned are all compensable. Keep every receipt.
- 6Identify all potentially liable parties. In Texas wrongful death cases, multiple defendants are common. The driver, their employer, the cargo loader, the property owner, or the product manufacturer may all share liability.
- 7Act before the legal deadline. Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of death to file a wrongful death lawsuit. Missing that deadline ends your family's legal action.
- 8Call The Lopez Law Group. A free consultation costs nothing and could protect your family's right to seek compensation. We are available 24/7.
How The Lopez Law Group Handles Your Wrongful Death Case
Attorney Fernando J. Lopez explains how his team approaches every wrongful death case: with patience, precision, and a commitment to holding every responsible party accountable.
- 1Free consultation. We review the facts, identify eligible claimants under Texas Civil Practice and Remedies Code Section 71.004, and explain your family's legal options at no cost.
- 2Full investigation. We gather evidence, hire accident reconstruction specialists, obtain medical records, and pull all available documentation before the other side can destroy or alter anything.
- 3Identify every defendant. Employer, property owner, insurer, manufacturer, and driver. We pursue every party whose negligence contributed to the death of your loved one.
- 4File the wrongful death claim and survival action together. These are two separate rights under Texas law. When the facts support both, filing together maximizes what your family may recover.
- 5Send the demand letter. We put every at-fault party on formal notice and document the full scope of your family's losses.
- 6Negotiate for full compensation. We do not accept low offers. Insurance companies know we take cases to trial and that changes what they put on the table.
- 7Litigate if needed. If the insurer refuses a fair wrongful death settlement McAllen families deserve, we file suit and fight in court.
- 8Recover and disburse. We handle all medical lien negotiations and paperwork so your family receives the maximum amount possible.
Call (956) 968-7800 to speak with a dedicated wrongful death attorney at The Lopez Law Group today.
Compensation You May Recover in a Wrongful Death Case
Texas law provides multiple categories of compensation in wrongful death cases. What your family may recover depends on the circumstances of the death and your relationship to the deceased.
| Type of Damages | Description | Examples | Typical Range |
|---|---|---|---|
| Economic — Wrongful Death | Financial losses to surviving family | Lost wages, future income, funeral costs, medical bills before death | Varies by earnings and age of deceased |
| Non-economic — Wrongful Death | Emotional and relational losses | Mental anguish, loss of companionship, loss of consortium, pain and suffering | Subjective, calculated by multiplier |
| Economic — Survival Action | What the deceased lost before death | Pre-death medical bills, lost earning capacity, pain suffered before dying | Based on medical records and lost income |
| Punitive Damages | Awarded for gross negligence | Drunk driver with prior DWI, employer ignoring documented OSHA violations | Capped under Texas law |
Compensation in wrongful death cases can be substantial. A dedicated wrongful death attorney at The Lopez Law Group reviews every line of your family's losses to make sure nothing is left out of the claim.
Texas Wrongful Death Laws and Deadlines
Texas law gives your family specific rights and sets firm deadlines. Missing any of them can cost you the right to file a claim.
- Texas Civil Practice and Remedies Code Section 71.002 — The Texas Wrongful Death Act. Establishes the right to sue for a death caused by negligence, wrongful act, or default.
- CPRC Section 71.004 — Who may file. The spouse, children, and parents of the deceased have the right to seek compensation. If none file within three months of the date of death, the estate executor may file. This is the "claim within three months" rule that catches many families off guard.
- CPRC Section 71.021 — Survival action. This is the separate claim the deceased could have filed had they survived. The estate may recover pre-death losses including pain suffered before death and medical bills.
- CPRC Section 16.003 — Statute of limitations. You have two years from the date of death to file a wrongful death lawsuit in Texas. Two years from the date seems like a long time. It is not. Evidence disappears fast.
- CPRC Section 33.001 — Modified comparative fault. Texas law allows recovery even if your loved one was partly at fault for the accident. The 51 percent bar rule applies: as long as the other party was more than 50 percent at fault, your family may still recover compensation.
- Government entity notice rule — If the death occurred due to negligence by a city, county, or state entity, a formal notice of claim must be filed within six months. This deadline is shorter than the standard two-year statute of limitations.
Texas Legal Notice
Do not wait until the last moment. CPRC Section 16.003 sets a two-year deadline that cannot be extended. Call (956) 968-7800.
Why Choose The Lopez Law Group for Your Wrongful Death Case
Losing a loved one due to negligence is the hardest thing a family faces. The Lopez Law Group is a personal injury law firm built to carry that weight with you.
Mr. Lopez is a bilingual wrongful death lawyer McAllen families and Spanish-speaking clients across the Rio Grande Valley rely on. Our team handles every step of the legal process in English and Spanish so nothing gets lost.
- 1No win, no fee. Your family pays nothing unless we recover compensation.
- 2Free consultation. We review your case with no obligation.
- 3Bilingual team. English and Spanish, every step of the way.
- 4Multiple Texas offices. McAllen, Weslaco, Harlingen, Houston, Dallas, Austin, and more.
- 5$25M+ recovered for clients across Texas.
- 615+ years of personal injury and wrongful death experience.
- 724/7 availability. We answer when you call.
- 8Trial-ready. We go to court when insurers refuse a fair settlement.
When you need a law firm you can truly count on after the death of a loved one, The Lopez Law Group is here.
Mistakes That Can Hurt Your Wrongful Death Case
The weeks after a death are when the most damaging mistakes happen. Avoid these.
- Waiting too long to file. The two-year statute of limitations under CPRC Section 16.003 is absolute. Miss it and you lose your right to seek compensation.
- Giving a recorded statement to the at-fault party's insurer. Insurance companies are not on your side. They train adjusters to ask questions that produce damaging answers. Never give a recorded statement without an attorney.
- Posting about the death or accident on social media. Anything you post can and will be used by defense attorneys to challenge your claim.
- Accepting the first settlement offer. Initial offers from insurance companies rarely reflect the true value of a wrongful death case. The first offer is a starting point, not fair compensation.
- Not identifying all eligible claimants before filing. Under CPRC Section 71.004, the spouse, children, and parents each have independent rights. Failing to include all eligible claimants can affect how damages are distributed.
- Failing to file the survival action alongside the wrongful death claim. These are two separate rights under Texas law. Many families leave money on the table by filing only one.
- Not preserving evidence in the first 48 to 72 hours. Surveillance footage gets deleted. Skid marks fade. Witnesses move. Delay costs you evidence.
- Signing any release without a wrongful death attorney reviewing it. A release is final. Once your family signs, the legal action is over.
What Our Attorneys Want Your Family to Know
Here is what we tell every family at the start of a wrongful death case.
Benefits of Working With The Lopez Law Group
The Lopez Law Group represents families across McAllen and South Texas on a contingency fee basis. We speak your language. We know the Hidalgo County courts. And we work to secure the maximum possible compensation in your case.
Bilingual Service
Full communication in English and Spanish. Spanish-speaking families receive all case updates in the language they are most comfortable with.
No Win, No Fee
Zero financial risk. You pay nothing upfront and nothing if there is no recovery. The firm advances all case expenses.
$25M+ Recovered
Attorney Fernando J. Lopez is recognized by the National Trial Lawyers Top 100 and has recovered more than $25 million for injured and grieving clients.
Available 24/7
Call (956) 968-7800 at any hour of the day or night. We respond fast because we know your situation cannot wait.
| Benefit | What It Means for You | Example |
|---|---|---|
| Bilingual team | Full communication in English and Spanish | Spanish-speaking families receive all case updates in Spanish |
| No upfront cost | Zero fees before recovery | Firm advances all case expenses and recoups from settlement |
| Local RGV knowledge | Familiarity with Hidalgo County courts | Attorneys who regularly practice in McAllen courts |
| Full investigation | Expert witnesses, reconstruction, all records | Every liable party identified before filing |
| Survival action filed simultaneously | Maximizes total family and estate recovery | Two claims, not one, where Texas law supports both |
| Trial-ready representation | Insurers offer more when your attorney has a real trial record | Lopez Law Group courtroom record shifts insurer behavior |
| Compassionate handling | A dedicated wrongful death team that keeps you informed | Families receive direct updates throughout the case |
| 24/7 access | Available at any hour | Emergency calls answered day and night |
Case Results
The Lopez Law Group has represented families in wrongful death cases across McAllen and South Texas. The following results are anonymized to protect client privacy.
| Case Type | Facts | Outcome |
|---|---|---|
| Fatal truck accident — Hidalgo County | Family lost primary earner in 18-wheeler collision on IH-69 | $750,000 settlement |
| Workplace fatality — construction site | Unmarked fall hazard with no OSHA compliance | $525,000 settlement |
| Fatal DUI collision — McAllen | At-fault driver had a prior DWI conviction | $410,000 settlement |
| Medical malpractice death | Delayed diagnosis at a Rio Grande Valley facility | $380,000 settlement |
| Pedestrian fatality | Driver ran a red light at a McAllen intersection | $295,000 settlement |
Past results do not guarantee future outcomes. Every case is unique and your family's potential recovery depends on the specific facts and circumstances involved.
These results reflect what a successful wrongful death case can look like when an experienced wrongful death attorney builds a thorough claim and fights for full compensation.
What Our Clients Say
We Represent Families Across Texas and Beyond
The Lopez Law Group represents families in wrongful death cases across McAllen and the Rio Grande Valley, and statewide. You can also visit our McAllen personal injury attorneys for more information.
Wherever in Texas or beyond you lost a loved one due to negligence, call us. We may be able to help.
Frequently Asked Questions About Wrongful Death Cases in McAllen
What is a wrongful death claim in Texas?
A wrongful death claim in Texas is a civil lawsuit filed by the surviving spouse, children, or parents of a person whose death was caused by someone else's negligence or wrongful actions. Under Texas Civil Practice and Remedies Code Section 71.002, eligible family members may recover compensation for the financial and emotional losses they suffered as a result of the death of their loved one.
Who can file a wrongful death lawsuit in McAllen?
Under Texas Civil Practice and Remedies Code Section 71.004, the spouse, children, and parents of the deceased have the legal right to file a wrongful death lawsuit. If none of those family members file a claim within three months of the date of death, the executor of the estate may file wrongful death claims on behalf of the estate. An experienced wrongful death attorney can help identify all eligible claimants before the deadline.
How long do I have to file a wrongful death claim in Texas?
You have two years from the date of death to file a wrongful death lawsuit under Texas Civil Practice and Remedies Code Section 16.003. This is the statute of limitations for wrongful death claims in Texas. If the death involved a government entity, a formal notice of claim must be filed within six months. Contact an attorney as soon as possible to protect your family's right to seek compensation.
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 own losses, such as lost financial support and emotional suffering. A survival action is a separate claim that recovers what the deceased could have pursued had they survived, including pre-death medical bills and pain suffered before death. Texas law allows both claims to be filed at the same time. Filing both can significantly increase your family's total recovery.
What compensation can my family recover in a wrongful death case?
Your family may recover economic damages including funeral costs, lost wages, and future income the deceased would have earned. You may also recover non-economic damages for mental anguish, loss of companionship, and pain and suffering. In cases involving gross negligence, punitive damages may also be available, subject to the caps under Texas law. Compensation in wrongful death cases varies widely based on the facts of each case.
How do wrongful death settlements work in McAllen?
A wrongful death settlement McAllen families receive is reached through negotiation between your attorney and the at-fault party's insurer. Your attorney documents all losses, sends a demand letter, and negotiates for the highest possible amount. If the insurer refuses a fair offer, your attorney may file suit and take the case to trial. The Lopez Law Group handles every stage of wrongful death litigation for families across McAllen.
What are the most common causes of wrongful death cases in McAllen?
The most common causes of wrongful death in McAllen include fatal car accidents on IH-2 and US-83, 18-wheeler collisions on IH-69C, workplace and construction accidents, medical malpractice, pedestrian fatalities, and drunk driving crashes. Many cases in McAllen and Hidalgo County involve multiple responsible parties, which makes having an experienced wrongful death attorney even more valuable.
How much does a wrongful death attorney in McAllen charge?
The Lopez Law Group handles wrongful death cases on a contingency fee basis. That means your family pays no attorney fees unless we recover compensation for you. There is no upfront cost and no hourly rate. When we win, our fee is a percentage of the recovery. Call us for a free consultation and we will explain exactly how the fee structure works for your specific case.
What if my loved one was partly at fault for the accident?
Texas follows the modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001. If your loved one was 50 percent or less at fault for the incident that caused their death, your family may still recover compensation reduced by that percentage. If your loved one was found 51 percent or more at fault, recovery is barred. A wrongful death lawyer in McAllen can review the facts and help your family understand what the liability picture looks like.
Can I file a wrongful death claim if there is also a criminal case?
Yes. A civil wrongful death lawsuit and a criminal case run on separate tracks. A criminal conviction of the at-fault party can support your civil claim but is not required for you to file a personal injury lawsuit or wrongful death case. Even if criminal charges are not filed or the defendant is acquitted, your family may still pursue a wrongful death claim in civil court.
How long does a wrongful death lawsuit take to settle in Texas?
Most wrongful death cases in Texas settle within one to two years. Cases that require litigation or go to trial can take two to four years. The timeline depends on how many defendants are involved, how quickly evidence is gathered, and how willing the insurance company is to offer a fair settlement. Your attorney will give you a realistic estimate after reviewing the facts of your case.
What evidence do I need to prove a wrongful death claim?
Strong wrongful death cases are built on police and medical examiner reports, medical records documenting the cause of death, photographs and video from the scene, witness statements, financial records showing the deceased's income and contributions to the family, and expert testimony when needed. The sooner you preserve evidence after the death, the stronger your wrongful death claim in Texas is likely to be.
What makes The Lopez Law Group the right choice for wrongful death cases in McAllen?
The Lopez Law Group brings more than 15 years of experience, a track record of $25M+ in recoveries, bilingual service in English and Spanish, and deep knowledge of Hidalgo County courts and local legal process. Attorney Lopez is a McAllen wrongful death lawyer and McAllen wrongful death attorney who handles these cases personally and fights for every dollar a family is owed. We work on a contingency fee basis and offer a free consultation with no obligation.
Your Family Deserves Justice. Call The Lopez Law Group Today.
When someone's negligence takes a life, the family left behind deserves a wrongful death lawyer McAllen can count on. The Lopez Law Group represents families across McAllen, Weslaco, and the entire Rio Grande Valley in wrongful death lawsuits against insurers, employers, property owners, and negligent drivers.
We are a personal injury law firm with a real track record in cases like yours. We will hold every negligent party accountable and fight for the compensation your family deserves.
Call (956) 968-7800 right now. Available 24 hours a day, 7 days a week. Reach us by phone, through the contact form on our website, or by WhatsApp. Hablamos español.
Available 24/7. Real people. No cost. No obligation. Just answers.
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