McAllen Wrongful Death Lawyer

A phone call in the middle of the night. A knock on the door from a police officer. A hospital room where the news you feared finally becomes real. Losing someone you love because of another person’s carelessness or wrongdoing changes everything in an instant, and no legal claim can undo that loss. What it can do is hold the responsible party accountable and help ease the financial weight your family is now carrying on top of grief you never asked for.

For 45 years, Ezequiel Reyna Law Office has represented Texas families after life-changing accidents. Attorney Ezequiel Reyna has built a reputation for taking on serious cases, preparing them thoroughly, and standing up to the insurance companies and corporations responsible for the harm.

Call us today at (956) 968-9556 for a free consultation to discuss your family’s situation.

What Is Considered Wrongful Death in Texas?

Under Texas law, a wrongful death claim may arise when a person dies because of another party’s wrongful act, neglect, carelessness, unskillfulness, or default. This can arise from a wide range of situations, including car accidents, medical malpractice, workplace accidents, and defective products, among many others. 

Wrongful death claims allow certain surviving family members to pursue compensation for their loss, separate from any criminal charges that may also result from the same underlying conduct.

What Must Be Proven in a Texas Wrongful Death Claim?

A wrongful death claim depends on the facts of the loss and the legal theory involved. In many cases, surviving family members must show that another party owed the deceased a legal duty, breached that duty or otherwise acted wrongfully, and caused the death. The family must also establish the damages caused by the loss. Each of these elements requires supporting evidence, and the strength of that evidence often determines the outcome of the case.

Who Can Be Held Responsible for Wrongful Death

Depending on the circumstances, several parties may be held responsible for a wrongful death, including:

• Individual drivers or other negligent individuals
• Employers or companies, when an employee caused the death while acting within the scope of employment or when the company’s own negligence contributed to the loss 
• Property owners, if a hazardous property condition contributed to the death
• Product manufacturers, if a defective product was involved
• Healthcare providers or medical facilities, when a preventable medical error or other negligent care caused or contributed to the death

Identifying every potentially responsible party is an important part of building a complete claim and pursuing the compensation available under Texas law. 

Statute of Limitations for Wrongful Death Claims

Texas generally requires a wrongful death lawsuit to be filed within two years of the date of death. Limited exceptions may affect the applicable deadline, but missing the deadline can prevent a family from pursuing compensation in court. 

Because grieving families often need time before they are ready to pursue legal action, it is important to keep this deadline in mind and consult with an attorney well before it approaches.

Types of Accidents That Can Lead to Wrongful Death Claims

Wrongful death claims can arise from a wide range of accidents and circumstances, including:

• Car, truck, and motorcycle accidents
• Pedestrian accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Nursing home neglect or abuse
• Premises liability incidents, such as dangerous property conditions
• Acts of violence

When another person’s conduct may have caused or contributed to a loved one’s death, an attorney can help evaluate whether a wrongful death claim may be available. 

How to File a Wrongful Death Lawsuit for a Loved One

If you believe someone else’s negligence caused your loved one’s death, taking prompt action can help protect your family’s legal options. While every case is different, filing a wrongful death lawsuit in Texas generally involves the following steps:

1. Confirm who can bring the claim. In Texas, wrongful death claims are generally brought by the deceased person’s surviving spouse, children, or parents. If none of those family members files within three months, the estate’s personal representative may be able to file unless all eligible family members request otherwise.
2. Gather what you can. Keep documents and information related to the death, including the death certificate, accident or incident report, medical records, insurance correspondence, photographs, videos, and contact information for potential witnesses.
3. Avoid accepting an early insurance settlement. Insurance companies may contact grieving families soon after a fatal accident. Before signing documents, giving a recorded statement, or accepting an offer, understand that doing so could affect your family’s right to pursue full compensation.
4. Speak with a wrongful death attorney promptly. An attorney can investigate the accident, preserve evidence before it disappears, identify all responsible parties, and determine the deadlines that apply to your family’s claim.
5. File the lawsuit within the legal deadline. Wrongful death cases must be filed within the applicable statute of limitations. Waiting too long can prevent your family from pursuing a claim, regardless of how clear the other party’s fault may seem.

A family does not need to have every document, answer, or piece of evidence before seeking legal guidance. At Ezequiel Reyna Law Office, we can evaluate the circumstances of your loss, explain your options, and take on the legal work while you focus on your family. Call (956) 968-9556 to speak with our legal team.

What Do You Need to File a Wrongful Death Lawsuit?

To begin evaluating a wrongful death claim, it can be helpful to have documentation showing the family’s relationship to the person who died, information about how the death occurred, and records reflecting the financial and personal impact of the loss. You do not need to have every answer or document before speaking with an attorney.

Evidence That Can Help Prove a Wrongful Death Case

Strong evidence in a wrongful death case can include:

• Police or incident reports
• Medical records and the death certificate
• Witness statements
• Photographs or video from the scene
• Expert testimony when necessary to establish liability or cause of death
• Financial documentation showing the deceased’s income and the family’s resulting financial losses. 

Preserving evidence quickly can be important. Surveillance footage may be overwritten, vehicles may be repaired or destroyed, witnesses’ memories can fade, and companies may control records that require prompt legal action to obtain.

What Happens if You Lose a Wrongful Death Lawsuit?

If a wrongful death lawsuit is unsuccessful, the surviving family members generally do not recover compensation through that claim. Whether a family owes attorney’s fees or case expenses depends on the terms of its fee agreement, so it is important to review those terms before hiring a lawyer. 

This is one of the many reasons a thorough, well-prepared case matters so much from the very beginning, since the goal is always to build the strongest possible claim before it ever reaches a courtroom.

What Compensation Is Available in a Texas Wrongful Death Claim?

Surviving family members who succeed in a wrongful death claim may be entitled to recover compensation for a range of damages related to their loss.

Damages Included in a Wrongful Death Settlement

Damages available in a Texas wrongful death claim can include:

• Loss of the deceased’s expected earnings and financial support
• Loss of companionship and society
• Loss of care, maintenance, services, support, and advice the deceased would have provided
• Mental anguish

In cases involving a willful act or omission or gross negligence, exemplary damages may also be available. The damages available depend on the facts of the case, the evidence, and the relationship each eligible family member had with the person who passed away. 

Who Pays the Settlement in a Wrongful Death Lawsuit?

A settlement or judgment may be paid through available insurance coverage, the responsible party’s assets, or a combination of sources. The available coverage depends on the circumstances of the death and the parties involved.

When insurance coverage is limited or unavailable, a judgment may be collectible from a responsible party’s assets. Whether that is a realistic source of recovery depends on the individual’s or company’s financial circumstances.

Why Choose Ezequiel Reyna Law Office For Your Wrongful Death Claim?

For 45 years, Attorney Ezequiel Reyna has represented Texans after serious, life-changing accidents. That experience shapes how the Ezequiel Reyna Law Office approaches wrongful death cases: with careful investigation, personal attention, and the preparation required to stand up to insurance companies and corporate defendants. 

Our team investigates what happened, works to identify all potentially responsible parties, and pursues the compensation available under Texas law. 

If you have lost a loved one in McAllen or the surrounding Rio Grande Valley and believe another party may be responsible, timely legal guidance can help protect important evidence and preserve your family’s options. 

Contact Ezequiel Reyna Law Office at (956) 968-9556 for a free consultation. We can listen to what happened, explain the options that may be available, and help your family take the next step.