McAllen Wrongful Death Attorney

McAllen Wrongful Death Attorney

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Losing a family member because of someone else's negligence is one of the most devastating experiences imaginable. The grief is real, and so is your family's legal right to hold the responsible party accountable. Robert R Flores Law Firm, PLLC represents surviving family members in wrongful death claims throughout Texas, pursuing full compensation for the economic and emotional losses that follow when negligence takes a life. Attorney Flores handles these cases with the urgency, sensitivity, and trial-ready advocacy they demand.

What is a Wrongful Death Claim in Texas?

A wrongful death claim is a civil lawsuit filed when a person dies as a result of the negligent, reckless, or intentional act of another party. It is separate from any criminal prosecution that may occur, a wrongful death civil claim can proceed regardless of whether criminal charges are filed. In Texas, wrongful death claims are governed by the Texas Wrongful Death Act (Chapter 71 of the Texas Civil Practice and Remedies Code) and the Texas Survival Statute.

The Texas Wrongful Death Act allows certain surviving family members to bring a claim for the damages they personally suffer as a result of the death. The Survival Statute allows the estate to bring a claim for the damages the deceased person suffered before death, including conscious pain and suffering, medical expenses, and lost earnings between the injury and death.

Who Can File a Wrongful Death Claim in Texas?

Under Texas law, the following family members are entitled to file a wrongful death claim:

  • Surviving spouse

  • Surviving children (biological and adopted)

  • Surviving parents

If none of the above file a claim within three months of the death, the personal representative (executor or administrator) of the deceased's estate may file on behalf of the beneficiaries. Siblings and other relatives do not have standing to bring a wrongful death claim under Texas law, only the spouse, children, and parents of the deceased.

Common Causes of Wrongful Death We Handle

Vehicle accidents

  • Commercial truck accidents, 18-wheelers, semis, and other large commercial vehicles

  • Car accidents caused by drunk, distracted, or reckless drivers

  • Motorcycle accidents

  • Accidents caused by defective vehicles or vehicle components

Premises and property-related deaths

  • Slip and fall deaths on commercial or residential property

  • Drowning deaths at pools, apartment complexes, or water parks without adequate safety measures

  • Deaths caused by structural failures, falling objects, or unsafe conditions

  • Negligent security, resulting in deaths from assaults that occurred due to inadequate security

Medical and care facility negligence

  • Medical malpractice: surgical errors, misdiagnosis, medication errors, anesthesia errors

  • Nursing home abuse and neglect resulting in death

  • Hospital-acquired infection deaths resulting from substandard care

Workplace and product deaths

  • Workplace accidents, construction falls, equipment failures, toxic exposure

  • Defective product deaths, dangerous consumer products, defective vehicles, faulty machinery

  • Industrial and oilfield accidents

Damages Recoverable in a Texas Wrongful Death Claim

Texas allows wrongful death beneficiaries to recover for a broad range of economic and non-economic losses. The specific damages depend on the circumstances of the death and the relationship of the claimant to the deceased.

Damages for surviving family members (Wrongful Death Act)

  • Mental anguish: the grief, pain, and emotional suffering of surviving family members

  • Loss of companionship and society: the loss of the deceased's love, comfort, and companionship

  • Loss of consortium: for a surviving spouse, the loss of the marital relationship

  • Loss of financial support: the income and financial contributions the deceased would have provided

  • Loss of services: the household and caregiving services the deceased would have performed

  • Loss of inheritance: the assets the beneficiaries would have inherited if the deceased had lived a normal lifespan

  • Medical expenses incurred as a result of the fatal injury

  • Funeral and burial expenses

Damages for the estate (Survival Statute)

  • Conscious pain and suffering between the injury and death

  • Medical expenses incurred between injury and death

  • Lost earnings between the injury and death

  • Property damage

Punitive (exemplary) damages

When the death was caused by gross negligence, an extreme degree of risk with conscious disregard for others' safety. Texas allows an award of punitive damages designed to punish the responsible party and deter future conduct. Punitive damages are available in wrongful death cases involving drunk drivers, egregiously negligent trucking companies, and nursing homes with a documented pattern of neglect.

No fee unless we recover. Robert R Flores Law Firm, PLLC handles wrongful death cases on a contingency fee basis. Your family pays nothing unless we recover compensation for you. We advance all case costs, investigation, expert witnesses, and filing fees and recover them only if the case is won or settled.

How We Build a Wrongful Death Case

Wrongful death cases require immediate, aggressive action to preserve evidence. Our McAllen personal injury lawyer begins by securing the accident scene evidence, subpoenaing black box and surveillance data, retaining accident reconstruction and medical experts, and issuing legal hold letters to prevent the destruction of critical records. We build the damages case in parallel, documenting each family member's economic and non-economic losses with the specificity that maximizes recovery at trial or in settlement.

Our litigation posture is trial-ready from day one. Insurance companies and defense counsel know which plaintiffs' attorneys will actually try a case, and they settle for far less when they believe a jury is the alternative. Attorney Flores has the courtroom experience and trial preparation discipline to make that threat credible.

Your Family Deserves Accountability and Results

No amount of money replaces a loved one. But a wrongful death recovery provides financial security, acknowledges the value of the life that was lost, and holds the responsible party accountable in the most meaningful way the law allows. Attorney Flores is committed to providing experienced legal representation, protecting your rights, and serving as a dedicated advocate for families seeking justice in and out of court.

Call (956) 329-1099, available 24 hours, including jail visits. Contact us today to schedule your consultation and to speak with Attorney Flores, who brings expertise, compassion, and strong courtroom advocacy to every case.

Frequently Asked Questions

  • Texas has a two-year statute of limitations for wrongful death claims, measured from the date of death. In cases involving minor children as claimants, the limitations period may be tolled (paused) until the child reaches the age of 18. In cases against governmental entities, notice requirements and shorter claim periods may apply. Contact Attorney Flores as soon as possible, evidence preservation is time-sensitive and begins immediately after the death.

  • Texas follows a modified comparative fault rule. If the deceased was partially at fault, the damages recoverable by the surviving family may be reduced proportionally by the deceased's percentage of fault, but recovery is still possible as long as the deceased was not more than 50% responsible. Defendants and their insurers frequently attempt to shift blame onto the deceased to reduce their liability. Attorney Flores counters this strategy with thorough liability investigation and expert testimony.

  • Yes, and in most cases, both should be pursued simultaneously. The Wrongful Death Act claim is brought by and for the surviving beneficiaries. The Survival Statute claim is brought by the estate's personal representative for the damages the deceased experienced before death. Both claims arise from the same wrongful conduct and can be prosecuted together in the same lawsuit.

  • Uninsured motorist coverage may apply in vehicle accident cases. In premises liability and employer negligence cases, business insurance policies typically provide coverage. In cases involving defective products, the manufacturer's and retailer's insurance may be available. Attorney Flores identifies all potential sources of recovery, including all potentially liable parties, to maximize the compensation available to your family.

  • A criminal case is prosecuted by the government (the State of Texas or the United States) and can result in fines, probation, or incarceration for the responsible party. A wrongful death civil claim is filed by the surviving family and results in monetary compensation. The two proceedings are separate and can occur simultaneously. A criminal conviction can strengthen a civil wrongful death case, but a criminal acquittal does not bar a civil recovery, the standards of proof are different.