McAllen Wrongful Death Lawyer

A McAllen Wrongful Death Lawyer Who Answers to Your Family, Not an Insurance Adjuster

You just lost someone you love, and now you need answers. You want to know why it happened, who let it happen, and what your family can do about the bills and the future that changed in an instant. Those questions deserve straight answers, not a runaround.

Attorney Abraham Peña is a McAllen wrongful death lawyer who grew up in the Rio Grande Valley. His practice handles personal injury cases only, in English and in Spanish, so your family will not have to explain your situation to someone new every time you call.

Contact us and walk us through what your family is facing. We will explain, in plain terms, what Texas law allows and what steps come next, so you know where you stand before you decide anything.

The Kinds of Preventable Deaths a McAllen Wrongful Death Attorney Can Help With

A wrongful death claim can follow many kinds of fatal accidents in McAllen and across Hidalgo County. We handle cases involving:

• Fatal car, truck, and motorcycle crashes, including collisions on high-traffic corridors like U.S. Highway 83 and Ware Road.
• Deaths caused by unsafe conditions on someone else’s property, such as an apartment complex or a business.
• Commercial vehicle and tractor-trailer crashes, including those involving cross-border carriers common in the Rio Grande Valley.
• Pedestrian and bicycle deaths at intersections and along roadways across McAllen.
• Deaths caused by a defective vehicle part, car seat, or other product.
• Fatal injuries caused by another person’s reckless or negligent conduct.
• Deaths caused by medical malpractice.
• Deaths caused by neglect in a nursing home or assisted living facility.

What Your Family Can Recover After a Wrongful Death in Hidalgo County

Texas law gives certain family members the right to hold a negligent person or company accountable for a wrongful death. Your family may recover money for several types of losses if your case is successful. Courts have recognized these categories under Chapter 71 of the Texas Civil Practice and Remedies Code:

• Financial Support: Loss of earning capacity, financial contributions, and maintenance.
• Companionship and Society: Loss of love, comfort, companionship, and guidance.
• Mental Anguish: Emotional pain and suffering resulting from the death.
• Loss of Inheritance: What the deceased would likely have saved and passed on to the family.
• Funeral and Burial Costs: Expenses paid by surviving family members.

Insurance companies count on grieving families to accept a fast, low settlement before anyone understands what the claim is actually worth. You have the right to take the time your family needs and to ask questions before you sign anything.

Who Can File and Where Hidalgo County Wrongful Death Cases Are Heard?

Texas limits who is allowed to bring a wrongful death claim. Only a surviving spouse, child, or parent of the person who died can file. If none of them files within three months of the death, the estate’s executor or administrator can bring the claim for the family.

Money recovered through the claim is then shared among the family members who are entitled to it, in shares decided by a jury or by settlement.

McAllen has no district courthouse of its own. Wrongful death lawsuits from McAllen, and from the rest of Hidalgo County, are filed with the Hidalgo County District Clerk at the Hidalgo County Courthouse in Edinburg, about 10 miles north of downtown McAllen. Several district courts inside that courthouse hear civil cases like these.

McAllen Wrongful Death Claim Questions We Hear

How much does it cost to hire a McAllen wrongful death lawyer?

We work on a contingency fee. You pay nothing upfront, and we only get paid if we recover money for your family.

How long do we have to file a wrongful death claim in Texas?

Texas law generally gives your family two years from the date of death to file suit. Waiting even a few months can make evidence harder to gather, so it helps to talk to someone as soon as you are able.

Can my family file a wrongful death case if there is a criminal case pending?

Yes. A wrongful death claim can move forward whether or not the person responsible faces criminal charges. The two cases are separate, and a criminal investigation moving slowly does not have to hold up your family’s civil claim.

What is the difference between a wrongful death claim and a survival claim?

A wrongful death claim covers what your family lost, such as financial support and companionship. A survival claim covers what your loved one could have claimed for their own pain and medical bills had they lived, and that money belongs to the estate.

What if the crash happened near the border or involved a driver from Mexico?

Cases like this can raise extra insurance and jurisdiction questions specific to the Rio Grande Valley. We speak English and Spanish and can walk your family through what applies to your situation.

Do we have to go to court for a wrongful death claim?

Many wrongful death claims settle with the insurance company before trial. If a fair settlement is not offered, we prepare your case as if it will go in front of a judge.

Will filing a wrongful death claim affect anyone’s immigration status?

Generally, no. A wrongful death claim is a civil case, separate from immigration matters. Texas and federal courts have allowed family members to bring these claims regardless of immigration status. In rare cases where immigration status is directly tied to how the death happened, it could come up. An attorney can tell you if that applies to your family’s situation.

What does my family need to do first?

Contact us for a free consultation so we can review what happened and explain your options. We handle the insurance company and the paperwork so your family can focus on each other.

If any of this matches where your family stands right now, contact us and we will talk through your options together.

contact Attorney Abraham Peña

Call Us (737) 999-3335

Talk to a McAllen Wrongful Death Lawyer About Your Family’s Case

No amount of money changes what your family has been through, but it can cover what is now harder to manage on your own. Contact Attorney Abraham Peña for a free, confidential consultation about your case. There is no fee unless we recover money for your family, and every conversation happens in English or in Spanish, on your terms.