McAllen Wrongful Death Attorneys
When Negligence Claims Lives, We Fight to See Justice Served
Losing someone we love in an accident is the worst experience we can endure. This loss leaves us without the comfort or company of a loved one's presence, robs us of the financial security they provided, and saddles us with the medical debt they left behind. You deserve answers and to see at-fault parties held accountable.
You are not alone in this. Our firm stands ready to help families who have lost fathers, mothers, children, and other loved ones in preventable accidents and as a result of wrongdoing. Our McAllen wrongful death lawyers have secured some of the largest verdicts and settlements nationwide for grieving families, winning billions of dollars for our clients and changing the landscape of wrongful death cases in the U.S.
People turn to us when they’ve lost a loved one because:
- We have won dozens of results worth upwards of $10 million
- We have won hundreds of results worth upwards of $1 million
- We have won cases in all 50 states
- We've set state and national records with our verdicts and settlements
- Our attorneys take no fee unless we win your case
When a person loses their life in an accident, our legal experience tells us that their death was preventable. Whatever the accident—an oilfield accident, a truck accident, a plant explosion, a drowning in an apartment pool—the cause of death will be linked to someone’s negligent choice or inaction. In order to prevent your tragedy from repeating, we need to hold the at-fault parties accountable in court. That’s what Arnold & Itkin LLP is known for: getting companies and people alike to answer for the pain they inflict on others.
To learn what your family can do to get justice for your loved one’s death, speak with our McAllen wrongful death lawyers today: (888) 493-1629.
How Wrongful Death Claims Work in McAllen, Texas
Civil law and criminal law treat a person’s death differently. In criminal law, individuals are charged with manslaughter by the state for causing someone’s death. If a person is found guilty of manslaughter, it does nothing to provide for the family of the deceased victim. And if a company is responsible for someone’s death? Companies virtually never face criminal charges.
However, a wrongful death claim is a civil claim. That means plaintiffs can sue their wrongdoers directly, demanding that defendants compensate them for medical costs, lost wages, and other financial damages. Moreover, plaintiffs can sue companies and organizations as well as individuals. If an employer was responsible for your loved one’s death, a wrongful death claim in civil court may be the only significant accountability they’ll ever face.
Wrongful death claims can demand compensation for losses due to:
- Loss of income
- Loss of benefits
- Loss of inheritance
- Loss of companionship
- Loss of consortium
- Mental and emotional anguish
- Medical costs incurred prior to death
- Funeral costs
These damages include both economic damages (losses that have an objective monetary value) and noneconomic damages (losses that have a subjective value, i.e. mental anguish).
Wrongful death claims also allow plaintiffs to receive punitive damages—damages awarded to punish defendants for gross negligence and deter them from allowing another person to die due to unsafe or negligence action. In Texas, punitive damages are capped at the larger of two figures: $200,000, or twice the amount of economic damages plus noneconomic damages (up to $750,000).
What Qualifies as a “Wrongful” Death
A wrongful death is any accident or event that results in someone’s death due to someone else’s action or inaction. The definition is broad enough to encompass virtually any situation where someone dies as a direct or indirect result of someone’s carelessness or poor choices.
For instance, the following events could lead to a wrongful death claim:
- Fatal car accidents
- Workplace accidents
- Assault or battery that led to fatal injury
- Medical malpractice
- Drowning accidents due to unsafe premises
- Defective products or medications
If multiple parties were responsible for someone’s death, they can both be made to compensate the loved ones left behind. For example, if your loved one was killed in a truck accident partially caused by a drowsy truck driver and by a faulty airbag, then both the trucking company and the auto manufacturer can be taken to court.
Filing a Wrongful Death Claim in McAllen
Strictly speaking, wrongful death claims are for the sake of the people left behind. Settlements and verdicts for wrongful death are intended to provide for grieving families, giving them the chance to grieve in peace while they figure out how to provide for themselves later. As a result, not everyone is eligible to file a wrongful death claim.
In Texas, only family members and household members can file a wrongful death claim:
- Dependents of any kind
Note that wrongful death law gives the primary right to sue to spouses and children. If a spouse or child has already filed a wrongful death claim, then siblings or parents are ineligible. If you have questions about whether you can file a claim, speak with our McAllen wrongful death attorneys at (888) 493-1629.
Wrongful Death FAQ
What type of damages can I get in a wrongful death lawsuit?
Depending on the case, a wrongful death lawsuit may allow you to recover financial compensation for all of your losses and trauma after losing a loved one. This might include medical expenses as well as burial and funeral costs, plus compensation for emotional trauma such as loss of companionship and support. You may be able to recover damages for what your loved one would have earned during his or her lifetime. Because there is no way to go back and prevent a loss in the first place, the goal of a wrongful death lawsuit is to help a family rebuild toward a more stable future.
Do you help people who've lost loved ones in fatal work accidents?
Yes. At Arnold & Itkin, our McAllen wrongful death lawyers have extensive experience helping people who have lost family members in work-related accidents. We have faced off against some of the biggest corporations and workers' comp insurance providers after industrial accidents, plant explosions, truck driver fatalities, and other on-the-job deaths.
There is no excuse for unsafe workplaces. Our trial lawyers fight to expose the wrongdoing and carelessness that causes innocent workers' deaths.
I don't have money to hire an attorney. What can I do if I lost someone I love?
You don't have to pay upfront costs and only pay legal fees if we win your case. At Arnold & Itkin, our team handles McAllen wrongful death cases on a contingent fee basis. This means that we only get paid if and when we recover a settlement or award for a family that has lost a loved one. Because we also offer free consultations, there's absolutely no risk and no obligation when you contact our firm.
Speak with Our McAllen Wrongful Death Lawyers
If you’ve lost someone in an accident, please speak with us as soon as possible. Family members have only two years from the death of a loved one to file a wrongful death claim. Choosing the right attorney for your claim not only affects how much you’ll eventually win in a settlement or verdict, but it affects whether the size of the award will compel the defendant to change their policies to make sure your loved one’s accident never repeats. If you want to prevent others from suffering like you have, you’ll want an aggressive attorney.
Arnold & Itkin LLP is the law firm of choice for people who have lost loved ones in fatal accidents for a simple reason: we get results. We’ve won billions in verdicts and settlements for our clients, often getting them far more than their insurers initially offered them.
For instance, we once filed a wrongful death claim against a company for allowing our client’s loved one to fall to his death while working in a parking lot. Our research found that the guardrail for the parking lot was missing, in violation of OSHA standards.
The initial offer was $200,000. After trying the case for 6 days, Attorney Jason Itkin got a verdict of $2.9 million.
We’ve won hundreds of cases like this one, helping families get justice for tragic and preventable deaths. Now is the time to see how we can help you.
Call our McAllen wrongful death attorneys at (888) 493-1629 for your free consultation.