Losing someone in McAllen: what families should know about a wrongful death claim

Last checked November 8, 2026

We are so sorry for your loss. In Texas, a wrongful death claim belongs to the surviving spouse, children and parents,1 and must generally be filed within two years of the death.2 In McAllen, certified death certificates come from Vital Statistics at 221 S. 15th Street, (956) 681-1195.3

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Road map of McAllen showing S. 15th Street, where the city's Vital Statistics office is located
A Texas wrongful death claim is generally due in 2 years. Map data © OpenStreetMap contributors.

What should a family do first after a death in McAllen?

There is no rush to make every decision today. Please take the time you need. When you are ready, a few simple things can help protect your family's options later. Someone you trust can do them with you or for you.

  1. Keep papers in one folder: hospital bills, the police case number, insurance letters and anything else you receive.
  2. Ask for several certified copies of the death certificate. Banks, insurers and courts may each want one.
  3. Hold off on signing anything from an insurance company, and on giving a recorded statement, until you have had time to get advice.
  4. If the death came from a crash or an accident, ask someone close to you to write down what you remember, while it is still clear.

How do I get a death certificate in McAllen?

If your loved one died within the City of McAllen, the City Secretary's office keeps the record and handles requests for certified copies.4 The Vital Statistics office is at 221 S. 15th Street, and its phone number is (956) 681-1195.3 The application is printed in both English and Spanish.5

What you need to knowDetails
Cost$21 for a certified copy, $4 for each additional copy6
By mailOnly mailed applications have to be notarized7
Who may ask at the countyThe parent, child, brother, sister, spouse, grandparent, legal guardian or managing conservator8
County officeThe Hidalgo County Clerk does not take death certificate requests by mail9

If you are not sure which office holds the record, call Vital Statistics first and tell them where your loved one passed. A funeral home can also often help with this.

Who determines the cause of death for someone who died in McAllen?

In Hidalgo County, a Justice of the Peace is responsible for determining cause and manner of death in cases not attended by a physician, or as the law otherwise requires.10 If your family has questions about an autopsy or an inquest, the county's Justice of the Peace offices are the place to ask. It is okay to ask that a person read the results with you.

If a crash was involved, the police report may help explain what happened. McAllen Police reports are $6, or $8 for a certified copy.11 You can call (956) 681-2080 to ask if it is ready.12 The city's crash request form has Spanish labels.13

Who can file a wrongful death claim in McAllen?

Texas law keeps this to close family. The claim is for the surviving spouse, children and parents of the person who died, and one of them can file it for all.1 Brothers and sisters are not on that list. A person or company can be held responsible if a wrongful act or carelessness by them or their workers caused the death.14

Families sometimes do not agree, and that is understandable. If no one has filed within three months after the death, the executor or administrator must file, unless all of the family members ask them not to.15 A separate claim may also exist for the injury the person had before dying. That claim passes to their heirs, legal representatives and estate.16

How long does a family have in McAllen?

If the claim is againstDeadline
A driver, company or other private partyGenerally two years from the date of death2
The City of McAllen or Metro McAllenState law allows six months for notice, and a city rule may allow less17

We could not confirm a shorter notice period for McAllen, so please ask the city. Risk Management can be reached at (956) 681-1410.18 Metro McAllen is part of the city.19 We know deadlines may be the last thing you want to think about. If you can, ask a family member or friend to make that one call.

How many families in McAllen have been through this?

You are not alone in this. McAllen's Vision Zero plan reports that 42 people died in crashes on city streets from 2018 to 2023.20 TxDOT counted 13 people killed in McAllen in 2025.21 In Hidalgo County that same year, 52 people were killed.22 Behind each of these numbers is a family.

What if my loved one died at work in McAllen?

Different rules can apply. Surviving family members can get free help from the Office of Injured Employee Counsel, whose ombudsmen help beneficiaries in a work-related death with workers' compensation disputes.23 Its office is in Weslaco, and its phone number is 866-393-6432.2425 An employer's coverage may affect whether a lawsuit is possible, and a lawyer can walk you through it.

How do I choose a wrongful death lawyer in McAllen?

Take your time, and bring someone with you if that helps. You should feel listened to. It is fair to ask:

  • Who will be my main contact, and can they speak with my family in Spanish?
  • Who in our family has the right to file, and do we all need to agree?
  • How are fees handled, and what would we pay if there is no recovery?
  • When a death came from a willful act or gross negligence, extra damages may be possible.26 Could that apply here?

Questions

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

Generally two years from the date of death.2

Who can file in Texas?

The surviving spouse, children and parents.1

How much is a death certificate in McAllen?

$21 for a certified copy and $4 for each additional copy.6

Where do I get a death certificate in McAllen?

Vital Statistics, 221 S. 15th Street, (956) 681-1195.3

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McAllen

Wrongful death

Texas

Sources

  1. Tex. Civ. Prac. & Rem. Code § 71.004(a)-(b), checked 2026-11-08. “An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. (b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.”
  2. Tex. Civ. Prac. & Rem. Code § 16.003(b), checked 2026-11-08. “A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”
  3. City of McAllen, Birth & Death (Vital) Records, checked 2026-11-08. “221 S. 15th, Street McAllen, TX 78501 Phone : [956] 681-1195”
  4. City of McAllen, Birth & Death (Vital) Records, checked 2026-11-08. “We are also responsible for tending to requests for certified copies.”
  5. City of McAllen, Birth or Death Certificate Application, checked 2026-11-08. “BIRTH OR DEATH CERTIFICATE APPLICATION SOLICITUD PARA ACTA DE NACIMIENTO O DEFUNCION”
  6. City of McAllen, Birth or Death Certificate Application, checked 2026-11-08. “Certified Copy/Copia Certificada $21.00 Additional Copies /Copias Adicionales $4.00”
  7. City of McAllen, Birth or Death Certificate Application, checked 2026-11-08. “Only mail applications must be notarized/Solo las solicitudes por correo deben estar notariadas”
  8. Hidalgo County Clerk, Birth and Death Records, checked 2026-11-08. “The parent, child, brother, sister, spouse, grandparent, legal guardian or managing conservator of the registrant.”
  9. Hidalgo County Clerk, Birth and Death Records, checked 2026-11-08. “Our office does not accept Death Certificate requests by mail.”
  10. Hidalgo County Justice of the Peace, Inquests, checked 2026-11-08. “is responsible for determining the cause and manner of death in all cases not attended by a physician or as otherwise required by law”
  11. McAllen Police Department, FAQ, checked 2026-11-08. “All accident reports are $6.00 dollars and certified copies of accident reports are $8.00 dollars.”
  12. McAllen Police Department, FAQ, checked 2026-11-08. “inquiry on the status of your report at (956) 681-2080”
  13. McAllen Police Crash Report Request form, checked 2026-11-08. “Copy of Crash Report ($6.00 ea) Certified Crash Report ($8.00 ea)”
  14. Tex. Civ. Prac. & Rem. Code § 71.002(b), checked 2026-11-08. “A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.”
  15. Tex. Civ. Prac. & Rem. Code § 71.004(c), checked 2026-11-08. “If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.”
  16. Tex. Civ. Prac. & Rem. Code § 71.021(b), checked 2026-11-08. “A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person.”
  17. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  18. City of McAllen, Risk Management, checked 2026-11-08. “1300 Houston Ave. City Hall - 1st Floor McAllen, TX 78501 (956)681-1410”
  19. City of McAllen, Risk Management, checked 2026-11-08. “McAllen Public Utility Metro McAllen Municipal Court”
  20. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Between 2018 and 2023, 42 people died and another 227 were seriously injured due to crashes on the streets of McAllen.”
  21. TxDOT, 2025 Crashes and Injuries Cities and Towns, checked 2026-11-08. “MCALLEN 11 13 40 56 633 915 885 1,649 1,167 5,414 62 254 2,798”
  22. TxDOT, 2025 Crashes and Injuries by County, checked 2026-11-08. “Hidalgo 48 52 287 360 1,938 2,926 3,212 5,969 9,506 33,648 399 1,600 15,390”
  23. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost.”
  24. Office of Injured Employee Counsel, OIEC Offices, checked 2026-11-08. “Weslaco Field Office 1108 West Pike Blvd. Weslaco, TX 78596-4651”
  25. Office of Injured Employee Counsel, OIEC Offices, checked 2026-11-08. “Phone: 866-393-6432”
  26. Tex. Civ. Prac. & Rem. Code § 71.009, checked 2026-11-08. “When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.”

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