Did you recently lose a loved one in an avoidable accident in El Paso, Texas? If another party is responsible, you may be entitled to compensation for funeral expenses, loss of inheritance, and more. While this money won’t bring your family member back, it can help alleviate your financial stress after losing them.
The El Paso wrongful death attorneys at Mission Personal Injury Lawyers will help you fight to recover fair compensation after the loss of your loved one.
We have over four decades of combined experience helping victims and their families get financial justice after devastating accidents. Our law firm has successfully secured tens of millions of dollars for our wrongful death and other personal injury clients.
Contact our El Paso, TX law office today to discuss your loved one’s accident. We’re here to listen to your story and provide compassionate legal advice. We offer a free consultation at (915) 591-1000, so there’s no risk in reaching out to discuss pursuing a wrongful death claim.
How Mission Personal Injury Lawyers Can Help With Your Wrongful Death Claim in El Paso, TX
What caused your loved one’s fatal accident in El Paso? Who was at fault? Did your family member share blame for causing the accident?
These are all questions that may arise during the course of your wrongful death action. You don’t have to face them alone. While you grieve your unimaginable loss, let us use our experience, resources, and skills to take on your legal fight for compensation.
When you hire Mission Personal Injury Lawyers to handle your El Paso wrongful death case, you can expect us to:
- Thoroughly investigate the cause of the fatal accident and identify everyone who may share liability
- Help you understand your legal options and keep you updated from start to finish
- Consult experts, including accident reconstructionists, to understand what happened and value your case
- Negotiate with opposing parties for a fair settlement offer and fight allegations of unfair blame
- Argue your wrongful death case before an El Paso County jury if necessary
Our legal team is available 24/7 to take your call. Contact us today to schedule a free case evaluation with an experienced El Paso personal injury lawyer.
What Is Wrongful Death in Texas?
A Texas wrongful death action can be filed if an at-fault party’s negligent, careless, wrongful, or unskillful actions resulted in someone’s death. This cause of action allows surviving family members to seek compensation from the responsible party if the decedent could have recovered damages in a personal injury lawsuit had they survived.
A wrongful death lawsuit is a civil matter intended to provide surviving family members with compensation. It is separate from any criminal charges that may be filed against the defendant. Criminal cases punish defendants for unlawful actions and could result in jail time, statutory fines, and other collateral consequences.
Who Can File a Wrongful Death Action in El Paso?
Texas law allows the following parties to file a wrongful death claim after the death of a loved one:
The estate administrator or executor can file a claim if the decedent has no surviving family members that fall into these categories.
What Causes Most Fatal Accidents in El Paso?
A deadly accident can happen in many different ways, including:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Construction accidents
- Slip and fall accidents
- Medical malpractice
- Nursing home abuse
- Workplace accidents
- Defective products, such as medical devices or auto parts
- Negligent security
- Dog bites
- And more
If another person caused your loved one’s death – regardless of how it happened – our attorneys in El Paso can help you hold them responsible.
How Do I Prove Negligence After a Fatal Accident in Texas?
To recover compensation, the surviving family members must prove that the at-fault party’s actions directly caused the untimely death. Most of these cases are based on negligence – or failing to use reasonable care, resulting in the death of another person.
The elements of negligence in a wrongful death case include:
- The defendant owed the decedent a duty of care;
- The defendant breached their duty of care;
- The defendant’s breach directly caused the decedent’s death; and
- The surviving family members suffered damages as a result.
To prove each element, you’ll need evidence, including:
- Medical reports and ER records
- Eyewitness testimony
- Expert witness opinions and testimony
- Police and accident reports
- Video surveillance footage and photographs
- Toxicology reports
- Employment records
Contact our wrongful death lawyers in El Paso so that we can begin gathering the evidence needed to prove your case.
What Is My El Paso Wrongful Death Case Worth?
It may seem impossible to value your wrongful death claim. All accidents are different, and every victim and surviving family member is unique.
While we cannot give you an exact amount without knowing the specifics, the following factors will affect the value of your El Paso wrongful death case:
- The circumstances of the fatal accident, including the at-fault party’s intent (e.g., if the defendant’s actions were wilful, you may be entitled to exemplary damages)
- The age of your loved one when they died and their life expectancy
- Your loved one’s earning potential
- The level of support your loved one provided the family
- The medical bills, funeral expenses, and other out-of-pocket costs incurred
- The age and identities of the victim’s surviving family members
Contact our El Paso personal injury lawyers today to discuss your loved one’s death and how it happened. We’ll be able to give you a better idea of what your wrongful death case may be worth.
What Types of Damages Are Available in an El Paso Wrongful Death Action?
Qualifying surviving family members can recover the following damages in an El Paso wrongful death action:
- Funeral and burial expenses
- Loss of inheritance
- Lost financial support
- Loss of companionship, guidance, and support
- Medical expenses and other out-of-pocket costs incurred prior to your loved one’s death
- Loss of household services
- Loss of consortium
- Mental anguish
Exemplary or punitive damages may also be awarded if the defendant’s actions were wilful or grossly negligent in causing your loved one’s death. These damages aren’t compensatory in nature; rather, they’re intended to punish defendants for particularly egregious acts.
Can I Recover Compensation If My Loved One Is Being Blamed For Their Fatal El Paso Accident?
Texas operates under a modified comparative negligence law, meaning you can recover compensation if your loved one was partially at fault. However, you’ll be barred from receiving damages if your loved one was more than 50% to blame for the fatal accident.
If your loved one was less than 50% at fault for the incident, your awarded compensation will be reduced in proportion to their assigned fault. For example, the court assigns the decedent 30% of the blame for a fatal motorcycle collision. Accordingly, your awarded damages will be reduced by 30%.
Unfortunately, at-fault parties and insurance companies commonly use this law to limit the amount they have to pay surviving family members. Your loved one isn’t here to defend themselves, and opposing parties take advantage of this.
We won’t let your deceased family member take on any unfair blame. We know how to fight against these claims and downplay victims’ roles in accidents. Contact us immediately if an opposing party is blaming your loved one for their fatal accident.
What Is the Statute of Limitations For a Wrongful Death Lawsuit in Texas?
Texas law gives surviving family members limited time to act following the death of a loved one. You only have two years from the decedent’s date of death to file a wrongful death lawsuit. If you miss this deadline, you’ll forfeit your right to hold the responsible party financially liable for your loved one’s death.
Two years isn’t a lot of time. Contact our El Paso personal injury attorneys today so that we can get started fighting for you and your family.
Contact Our El Paso Wrongful Death Lawyers For a Free Consultation
If you recently lost a loved one in an accident caused by another party, contact Mission Personal Injury Lawyers for assistance. We know you’re struggling, and we’re prepared to take on your legal fight while you focus on what’s most important: grieving and spending time with your family.
Contact our El Paso wrongful death lawyers to discuss your legal options for compensation. We’ll gather evidence, handle communications and negotiations, and get you the compensation you deserve to move forward.
We offer a free initial case evaluation, so reach out today to schedule yours.