“Excelente abogado y su equipo de trabajo recomendado … ganamos el caso gracias a Dios y al abogado”
Elsa RodríguezGoogle · ES
Wrongful death · McAllen, Texas
McAllen Wrongful Death Lawyer
Estamos con tu familia
When someone you love dies because of another person's carelessness, Texas law may give your family a claim. Our McAllen wrongful death lawyer finds out what happened, deals with the insurance companies and explains each step in English or Spanish. The first conversation is private and free, with no pressure to decide.
- Attorney Alex Martinez handles your case
- Hablamos español, 24/7 hotline
- 4.8 stars from 610 Google reviews
In the media
en los medios
“100% recommend fought for my case until the end, always kept good communication and answered my questions …”
Ile FarmsGoogle · EN
Understanding the claim
What a wrongful death claim is
A wrongful death claim is a civil case a family brings when someone dies because of another person's or company's wrongful act, neglect or carelessness. It asks the people responsible, and their insurers, to pay for what the family has lost. Texas also allows a second claim for the estate, called a survival claim, and our wrongful death attorney looks at both from the first conversation.
Call when you feel able to. Video, vehicle data and witness memories can be lost in the first weeks, and the deadlines below keep running.
| Wrongful death claim | Survival claim | |
|---|---|---|
| Who brings it | The spouse, children and parents (CPRC 71.004) | The estate's representative or the heirs (CPRC 71.021) |
| What it covers | The family's own losses, such as lost financial support, loss of companionship and mental anguish (Gregory v. Chohan, Tex. 2023) | The claim the person who died could have brought, such as pain and suffering before death and medical bills from the injury |
| Also | A jury may add exemplary damages for gross negligence or a willful act (71.009). The money is not used to pay the debts of the person who died (71.011) | Can be brought in the same lawsuit as the family's claim, as in Gregory v. Chohan |
Why Alex Martinez Law
Why families call us
tu familia primero
Your attorney handles the case.
Alex Martinez, licensed in Texas and admitted to the U.S. District Court for the Southern District of Texas, reviews your family's case and stays your contact.
Trial background when it counts.
Adrian Martinez, of counsel, has more than 40 years in civil litigation, including jury trials.
Every family member understands.
We explain each decision in English or Spanish, so spouses, parents and grown children can follow the case together.
Reachable day and night.
Our 24/7 line and WhatsApp reach the team, and you can meet us at our McAllen office or our Brownsville office in Olmito.
Fees only from a recovery.
You pay no attorney’s fee unless we recover money for you. Case costs, such as filing fees and records, are explained in writing before you sign.
How we handle it
How we handle a wrongful death case
Who works your case
Alex Martinez reviews the case first: how the death happened, who may be responsible, which insurance policies apply and which family members can bring the claim. He works with Adrian Martinez, a trial lawyer with 40+ years in civil litigation, and our bilingual team keeps the family informed.
Evidence we gather
- Police, crash and incident reports
- Autopsy, death certificate and medical records
- Photos, video and witness statements
- Safety, inspection and employer records
- Insurance policies for everyone involved
- Records of income, benefits and support
What to bring
You do not need all of this to call us. We can request most records for you.
- Letters or forms from any insurance company
- The police report or case number
- Medical and funeral bills
- Pay stubs or tax returns of the person who died
- Names of the spouse, children and parents
- Photos, messages or notes about what happened
Cases we handle
Wrongful death cases we handle
Fatal car and truck crashes
Deaths caused by careless, distracted or speeding drivers, including 18-wheelers on Expressway 83 and I-69C.
Drunk driving crashes
Claims against the driver and, in some cases, a bar that kept serving them.
Deaths at work
Falls, machinery and vehicle accidents on the job, and claims against employers and other companies at the site.
Oilfield and construction deaths
Explosions, burns, falls and equipment failures at rigs, plants and job sites.
Medical errors
Deaths after a missed diagnosis, a surgical error or a medication mistake.
Unsafe property
Deaths caused by dangerous conditions at stores, apartments and other property.
Texas law
Who can file a wrongful death claim in Texas?
The spouse, children and parents of the person who died. One of them can file for all of them (CPRC 71.004). Brothers, sisters and grandparents are not on this list. If none of the family files within three months of the death, the executor or administrator of the estate must file, unless all of them ask not to.
General information, not legal advice. Exceptions apply — ask us about your own dates.
3 months
for the family to file before the estate's executor or administrator must step in.
51%
If the person who died is found more than 50% at fault, the family cannot recover. A smaller share reduces the award.
6 months
notice for most claims against a government body. Some cities require it sooner.
Deaths caused by medical care follow separate deadlines and limits: Texas medical malpractice rules.
Step by step
What happens after you call
Right now: keep any letters from insurers, do not sign anything, and write down the names of witnesses while you remember them.
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01Day one
A private first conversation
We listen, answer your questions and explain who can file. You decide whether to go ahead.
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02First weeks
Investigation
We request reports and records, preserve evidence and identify every responsible party and insurance policy.
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03First months
Building the claim
We document the family's losses and the survival claim, and work with the estate if one needs to be opened.
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04Months
Negotiation or lawsuit
We present the claim to the insurers. If there is no fair offer, we file suit before the two-year deadline.
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05Can take a year or more
Settlement or trial
The case ends with a settlement or a verdict. Your family makes the final decision on any settlement offer.
Fees and consultation
What a case review costs
You pay no attorney’s fee unless we recover money for you.
Case costs, such as filing fees and records, are explained in writing before you sign.
Right now: keep any letters from insurers, do not sign anything, and write down the names of witnesses while you remember them.
The case review is free. You can call, send a WhatsApp message or fill in the form, and you are welcome to bring a family member.
We explain any case costs, and how they are handled, before you sign anything.
Your attorney
Alex Martinez
J.D., Thurgood Marshall School of Law. Licensed in Texas, admitted to the U.S. District Court for the Southern District of Texas. Works with Adrian Martinez, of counsel, a trial lawyer with 40+ years in civil litigation.
Reviewed by Alex Martinez, State Bar of Texas
Questions
Wrongful death questions
How long do we have to file a wrongful death lawsuit in Texas?
In most cases, two years from the day of the death (CPRC 16.003). Claims against a government body need written notice within six months, and some cities require it sooner. Deaths caused by medical care follow their own rules. Call early so none of these dates is missed.
What if family members disagree about the case?
One family member can bring the claim for the benefit of the spouse, children and parents together (CPRC 71.004). If the case goes to a jury, the jury decides each person's share of the award (CPRC 71.010). We talk with the family early so everyone knows how this works.
Will the money go to pay the debts of the person who died?
No. Damages recovered in a wrongful death claim are not subject to the debts of the person who died (CPRC 71.011). A survival claim belongs to the estate, so it is handled differently, and we explain how before anything is filed.
What if the person who died was partly at fault?
The family can still recover if the person who died was 50% or less at fault, and the award is reduced by that share. Above 50%, Texas law bars recovery (CPRC 33.001). Fault is often disputed, which is one reason we gather the evidence early.
How long does a wrongful death case take?
It depends on how clear the facts are, how many parties and insurers are involved and whether a lawsuit is needed. Some claims resolve in months, and others take a year or more. We give your family a realistic picture after the investigation.
Injury help across South Texas
Offices in McAllen and Brownsville. Phone and video consultations anywhere in the Valley.
Lost a loved one? We are here to listen.
Call any time, in English or Spanish. The first conversation is private.