McAllen Wrongful Death Lawyer
Losing a loved one is devastating. You deserve answers, accountability, and support. At The Patel Firm, Minesh Patel guides families with steady, compassionate counsel. We offer a free, confidential consultation and no fee unless we win. Call (956) 527-0321 to talk through your options today.
What Counts As “Wrongful Death” In Texas?
Wrongful death is a civil claim for a death caused by another’s wrongful act, neglect, or carelessness. Texas law allows certain family members to seek accountability and compensation through this claim.
The concept focuses on preventable harm. If a company, driver, property owner, or healthcare provider violates a duty and that violation causes a death, the family may pursue damages. Minesh Patel explains how the facts of your situation fit the legal elements, including duty, breach, causation, and damages.
Who Can File A Wrongful Death Claim?
Texas limits who can bring this claim. The surviving spouse, children, and parents may file.
If these family members do not file within three months, the decedent’s estate representative can file unless the family objects. Siblings are not eligible claimants under the wrongful death statute, though they may be heirs in probate.
Minesh Patel, McAllen wrongful death attorney, helps families decide who should file and how to coordinate one unified case.
How Long Do We Have to File in McAllen?
Time limits matter. Most Texas wrongful death claims must be filed within two years from the date of death. Acting early helps your family and your case. Evidence fades quickly, vehicles get repaired, electronic data can be overwritten, and witnesses become harder to find.
What Damages Can Our Family Recover?
Damages recognize both financial and human losses. Texas law allows recovery for economic and non-economic harms, and in egregious cases, exemplary (punitive) damages.
What are economic and non-economic damages?
Economic damages include lost income and benefits, funeral and burial costs, and reasonable expenses tied to the death. Non-economic damages address loss of companionship, support, advice, and mental anguish experienced by the surviving family.
When are punitive (exemplary) damages available?
Exemplary damages may be available when conduct shows gross negligence or a willful disregard for safety. These damages punish and deter dangerous behavior. Minesh Patel evaluates whether the facts justify seeking exemplary damages and how caps may apply in specific categories.
Do medical malpractice deaths have special rules?
Health-care liability cases include unique requirements and caps on certain non-economic wrongful death damages. These cases demand early expert involvement and strict compliance with notice and report rules.
Could Partial Fault Hurt Our Case?
Comparative fault rules can reduce or bar recovery. In Texas, a family cannot recover if the decedent’s responsibility is 51% or more.
Fault is a matter of evidence and persuasion. We gather black-box data, scene measurements, camera footage, maintenance logs, and expert testimony to place responsibility where it belongs.
What Kinds Of Wrongful Death Cases Do You Handle in McAllen?
We handle a wide range of fatal incident types. Each category requires targeted investigation and experts.
Common scenarios include:
- Passenger-vehicle and motorcycle crashes on I-2/US-83 and I-69C/US-281.
- 18-wheeler and cross-border trucking collisions tied to freight movements.
- Pedestrian and bicycle fatalities near busy corridors like 10th St, 23rd St, Nolana Ave, Trenton Rd, and Ware Rd.
- Workplace and industrial incidents, unsafe premises, and dangerous products.
Uncommon but real RGV scenarios we’re prepared for:
- Irrigation canal or drainage ditch drownings tied to inadequate barriers or warnings.
- Carbon monoxide exposure in rentals or short-term housing.
- Tire tread/separation or defective retread failures leading to rollovers.
- UTV/ATV ranch collisions involving unsafe operations or defective parts.
- Charter bus or hazmat incidents on regional commercial routes.
Where do fatal Crashes Happen Around McAllen?
Local context helps juries understand risk. Hidalgo County sees fatal crashes on interstates, U.S./state highways, farm-to-market roads, and city streets.
Commercial traffic and cross-border freight influence crash patterns. Corridors like I-2/US-83 and I-69C/US-281 carry heavy truck volumes feeding the Pharr–Reynosa International Bridge. City arterials such as Nolana, Trenton, 10th, 23rd, and Ware see dense traffic, turning movements, and pedestrian exposure.
In 2024, Texas recorded 4,150 traffic deaths with a fatality rate of 1.35 per 100 million vehicle miles traveled, underscoring the stakes for safety across the region. These facts shape venue strategy.
How Do Texas Wrongful Death Cases Actually Work, Step by Step?
Process clarity reduces stress. We map the path from first call to resolution.
- Intake & eligibility. We listen, verify who may file, and identify urgent tasks.
- Evidence preservation. We send preservation letters, secure vehicles, download ELD/ECM data, collect camera footage, and obtain medical and autopsy records.
- Liability and damages investigation. We retain accident reconstructionists, biomechanical experts, medical experts, and economists.
- Insurance and notice. We identify all policies, corporate relationships, and excess coverage.
- Filing & discovery. We file suit, exchange evidence, and take depositions to lock in testimony.
- Negotiation & mediation. We negotiate from a position of trial readiness to maximize leverage.
- Trial or settlement enforcement. We try the case when necessary and protect the final recovery against liens.
Minesh Patel and our team coordinate probate issues, estate administration, and survival claims where appropriate. The McAllen wrongful death lawyers at The Patel Firm keep families informed with short, clear updates.
What If Medical Malpractice Is Involved?
Medical cases require precision. Short deadlines, expert reports, and statutory caps demand early action.
We analyze records for deviations from the standard of care that caused death. We consult with qualified specialists and build a chronology that explains what happened and why it mattered. Minesh Patel at The Patel Firm handles notice requirements and expert affidavits to keep healthcare claims compliant and moving.
How Much Is A McAllen Wrongful Death Case Worth?
Case value depends on evidence. Liability strength, available insurance, venue, economic losses, and human damages all drive outcomes.
No online calculator can value a family’s loss. We document lifetime earning capacity, household services, and the lived reality of the relationship to present a full, honest picture.
What Should We Do Right Now To Protect The Case?
Early choices can change results. Simple steps today preserve critical proof.
Do this now:
- Gather bills, receipts, and funeral documents.
- List witnesses and save phone numbers.
- Preserve phones, vehicles, clothing, and any photos or videos.
- Route all insurer calls through us and decline recorded statements.
Avoid this now:
- Do not post details on social media.
- Do not sign releases or accept quick checks without counsel.
Call (956) 527-0321 for a free, confidential review. The Patel Firm’s McAllen wrongful death lawyers will take the pressure off your family.
Frequently Asked Questions (FAQs)
Can we file if our loved one may have been partly at fault?
Yes, but recovery is reduced by the percentage of fault and barred if responsibility reaches 51% or more. Fault arguments are evidence-driven, so early investigation matters.
What is the difference between wrongful death and a survival action?
Wrongful death compensates the family for their losses. A survival action compensates the estate for the decedent’s own injuries between injury and death.
Who receives the compensation, and how is it divided?
Juries apportion wrongful death damages among eligible family members according to their losses. We present evidence that shows the real impact on each relationship.
How long does a wrongful death case usually take?
Some cases resolve in several months, while complex matters may take longer than a year. Timelines depend on liability disputes, medical issues, court schedules, and insurance posture.
Do most cases settle or go to trial?
Most cases settle, but we prepare for trial from day one. Trial readiness increases negotiation leverage and protects your family’s position.
What if the at-fault driver was uninsured or a commercial carrier?
We explore all coverage, including commercial and excess policies, employer liability, product claims, and uninsured/underinsured motorist coverage.
Are there damage caps in Texas?
General wrongful death claims are not capped the same way as medical liability claims, which do have statutory caps on certain non-economic damages. Exemplary damages are also subject to specific limits with narrow exceptions.
Can out-of-state conduct be sued in Texas courts?
Texas law allows some claims arising elsewhere to be brought here under specific conditions. We evaluate jurisdiction and venue early to avoid disputes.
Speak with a McAllen Wrongful Death Lawyer Today
Your family deserves compassionate advocacy and clear guidance. Minesh Patel is ready to listen and help.
Call (956) 527-0321 for a free consultation, or send a message to schedule a time that works. The Patel Firm’s McAllen wrongful death attorneys serve families across McAllen, Edinburg, and greater Hidalgo County, and we are honored to stand with you.
