Legally Reviewed by Steven R. Davis and John A. Davis, Jr. on June 8, 2026
We place enormous trust in the medical professionals who care for the people we love. When that trust is broken and a family member dies because of medical negligence in McAllen, the surviving family has the right to pursue a wrongful death claim for the loss they have suffered. A claim cannot undo your loss, but it can hold the responsible parties accountable and recover the compensation your family needs to move forward.
At Davis & Davis, our McAllen medical malpractice attorneys have nearly 70 years of combined background and have handled more than 300 jury trials. For decades, our exclusive focus has been on fighting for victims of medical malpractice, including the families left behind after a fatal medical error. We represent families on a no upfront fees basis, so you pay nothing unless we recover compensation for you.
⚠ Time-Sensitive — Texas Law Limits Your Window to File
Texas generally gives families two years to file a wrongful death or medical malpractice claim, and missing the deadline is permanent.
Nearly 70 years of combined background, more than 300 jury trials, and no upfront fees. We fly to clients throughout the United States.
What Wrongful Death From Medical Negligence Means in McAllen
Under Texas law, a wrongful death occurs when a person dies because of another party’s wrongful act, neglect, carelessness, unskillfulness, or default. When a McAllen medical provider fails to deliver the care a patient is owed and the patient dies as a result, the surviving family may bring a wrongful death claim to recover their own losses. This claim is separate from a survival action, which is brought on behalf of the estate for the pain and medical expenses the patient endured before passing, and many families pursue both at once. Fatal negligence can arise from a failure to diagnose, a medication error, a surgical error, or a birth injury, and we investigate every party whose negligence contributed to the occurrence.
Who Can File a McAllen Wrongful Death Claim
Texas strictly limits who may bring a wrongful death action. Under the Texas Wrongful Death Act, only the surviving spouse, children, and parents of the person who died may file or benefit from the claim, and siblings, grandparents, and other relatives are not eligible. One eligible family member may bring the action for everyone, or several may file together. If none of them file within three calendar months of the death, the executor or administrator of the estate must bring the claim unless the family asks them not to. Because these rules can be confusing during a painful time, we help your family confirm who has standing and file the claim correctly.
Damages Available in a McAllen Wrongful Death Claim
Texas law allows surviving family members to recover compensation for both the financial and the emotional losses caused by a death. The damages available in a McAllen wrongful death claim generally fall into three categories:
- Economic damages for final medical bills, funeral and burial costs, lost income and benefits, and the value of household services the family member provided.
- Non-economic damages for the loss of companionship, guidance, love, and emotional support, along with the mental anguish the family endures.
- Punitive damages, which may apply when the negligence rises to gross negligence or willful misconduct and serve to punish the responsible party.
Texas does not cap economic losses like medical bills and funeral costs, though it does limit certain non-economic damages in medical malpractice cases. Our trial tested legal team works with independent medical and financial professionals to document the full value of what your family has lost.
Proving Medical Negligence in a McAllen Wrongful Death Case
Identifying who is responsible is only part of a claim, because your family must also prove that the at-fault party caused the death. To establish medical negligence, your lawyer must show that the provider owed your family member a duty of care, breached the standard of care, directly caused the death through that breach, and that your family suffered real losses as a result. In Texas medical malpractice cases, that evidence includes a qualified medical professional’s review of how the care fell short. The parties who may be held liable can include a treating physician, an anesthesiologist, nurses or other medical staff, medical technicians, or a hospital, and Davis & Davis investigates the records and timeline so every negligent party is named.
Statute of Limitations for McAllen Wrongful Death and Medical Malpractice Claims
Texas sets a firm deadline for these claims. Under Texas Civil Practice and Remedies Code Section 74.251, a medical malpractice claim must generally be filed within two years of the date the negligence occurred or a continuing course of treatment ended, and a wrongful death claim generally runs two years from the date of death. Texas also applies an absolute ten-year statute of repose, which can bar a claim regardless of when the harm is discovered. You can review the official statute through the Texas Civil Practice and Remedies Code published by the Texas Legislature. A few narrow exceptions can pause the clock, such as when the person who died left minor children, but missing the deadline is irreversible, so it is best to speak with a McAllen wrongful death lawyer as soon as possible.
Meet the Attorneys at Davis & Davis
When your claim is handled by named, trial tested attorneys, you know exactly who is fighting for you. Steven R. Davis has dedicated his practice to representing victims of medical negligence and their families, drawing on decades of courtroom background. John A. Davis, Jr. shares that exclusive focus on medical malpractice and has helped lead the firm through hundreds of jury trials. Together they carry nearly 70 years of combined background and more than 300 jury trials, and when Texas capped medical malpractice recoveries in 2003 and many firms left the field, the lawyers of Davis & Davis refused to abandon the families who needed them.
Why Families Choose Davis & Davis for McAllen Wrongful Death Claims
Few Texas firms keep their exclusive focus on medical malpractice, and that focus is what lets us take on hospitals, providers, and their insurers with confidence. Remember, the insurance company is not looking out for your best interests. Their objective is to come to a settlement for the minimum amount that you will accept, and our trial tested legal team is prepared to push back and take a case to trial when justice requires it. We handle every part of your claim, from investigating the death and gathering records to negotiating with insurers and presenting your case to a jury, and because we work on a no upfront fees basis, you owe nothing unless we recover for you.
McAllen Wrongful Death and Medical Malpractice FAQ
Below are answers to questions families often ask our McAllen wrongful death lawyers.
Do I have a valid wrongful death case if a McAllen provider caused the death?
You may have a valid claim if a medical provider breached the standard of care and that failure directly caused your family member’s death. The clearest way to know is to have your case and the medical records reviewed, which we do at no upfront cost.
How long do I have to file a wrongful death or medical malpractice claim in Texas?
Texas generally allows two years under Civil Practice and Remedies Code Section 74.251, with a wrongful death claim running from the date of death. A ten-year statute of repose also applies, so it is important to act quickly.
How much does it cost to hire a McAllen wrongful death lawyer?
Davis & Davis represents families on a no upfront fees basis. You pay nothing out of pocket, and our fee comes only from a settlement or jury award we recover for you.
Who in my family is allowed to file the claim?
Under the Texas Wrongful Death Act, only the surviving spouse, children, and parents may file or benefit from the claim. If none of them file within three months, the estate’s executor or administrator may bring the action.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates family members for their own losses, such as lost support and companionship. A survival action is brought on behalf of the estate for what the patient suffered before death. Many McAllen families pursue both.
Contact Davis & Davis About Your McAllen Wrongful Death Claim
Losing a family member to a preventable medical error is a heartbreaking and life-altering experience, and no family should face it without honest, capable guidance. With nearly 70 years of combined background, more than 300 jury trials, and an exclusive focus on medical malpractice, Davis & Davis has the knowledge and resolve to stand up to negligent providers and their insurers. We investigate every detail, identify all liable parties, and pursue the full compensation your family is owed under Texas law.
Because the Texas filing deadline is strict and evidence can fade with time, the sooner you reach out, the better we can protect your family’s rights. There are no upfront fees, and our trial tested legal team is ready to listen, answer your questions, and fight for the justice your family deserves. To get started with a free case evaluation, please complete our contact form.
