The death of a loved one is never easy. While dealing with this loss is always painful, it can be especially traumatic when the death was caused by another person’s actions or negligence, also known as a “wrongful death.” Every year, people across El Paso and Texas grieve the loss of family members who died a wrongful death.
In these cases, the survivors are often left to deal with not only emotional pain but also severe financial losses. At Zinda Law Group, our team of wrongful death attorneys in El Paso has helped countless clients recover the financial compensation they deserve after a wrongful death.
Though no amount of money can ever replace your loved one, it can help you and your family deal with the many unexpected expenses you are likely to face now and in the future. If you have lost a loved one due to someone’s negligence, give us a call or use our website to schedule a free consultation with an experienced El Paso personal injury attorney.
What Is a Wrongful Death Case?
In El Paso, Texas, family members historically could not sue an individual responsible for the wrongful death of their loved one. That all changed when Texas passed the Wrongful Death Act. This act allowed spouses, parents, and children of someone who died to sue when someone else’s negligent acts caused the individual to die.
In personal injury law, “negligence” means that someone acted in a way they should not have. The relevant Texas statute states that a lawsuit for wrongful death may be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another.
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Elements of Negligence
To seek recovery in a wrongful death lawsuit, you must show that the individual that caused the death was negligent. In order to prove negligence, you must demonstrate that:
- The individual owed a legal duty
- The legal duty was breached
- The breach of the duty caused the death
- The death caused a monetary loss
To give an example, imagine that a drunk driver kills another driver. A claimant would state the following in their lawsuit:
- The drunk driver owed a duty not to drive under the influence
- The driver breached this duty by driving under the influence
- The driver’s driving under the influence caused the death
- The death caused monetary losses such as hospital bills, funeral expenses, etc.
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Available 24 / 7|Free ConsultationDetermining Who Is at Fault in an El Paso Wrongful Death Case
Though each case is different in terms of facts, in every case, a wrongful death claimant must show that the party it sues was negligent.
Fault in a Car Accident
In a car accident wrongful death case, the claimant must show that the offending driver was negligent by texting while driving or committing other negligent acts.
Fault in a Truck Accident
In a truck accident wrongful death case, the claimant must show that the truck driver was negligent by sleeping at the wheel or the like.
Fault in a Workplace Accident
In a workplace wrongful death case, the claimant must show that the employer was grossly negligent by perhaps not following a well-established safety protocol.
Fault in a Medical Malpractice Case
In a medical malpractice wrongful death case, the claimant must show that the healthcare provider was negligent by perhaps making an incorrect diagnosis.
Fault in a Product Liability Case
In wrongful death cases involving defective products, the claimant must show that the company that made the product was negligent.
Fault in a Premises Liability Case
In a premises liability wrongful death case, the claimant must show that the owner of the premises was negligent. An example of this may be not checking to see if there were hazardous materials on the premises.
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Available 24 / 7|Free ConsultationWho Can Sue for Wrongful Death in El Paso?
Whether your loved one died because of a work-related accident, a car accident, medical malpractice, or another cause, if another person or group is at fault for the death, you may be eligible to file a wrongful death lawsuit.
Survivors or close family members of the person who died can file a wrongful death claim. Family members who can file wrongful death lawsuits on behalf of victims include:
- The spouse of deceased
- Any biological and adopted children of deceased
- The parents of the deceased
- Any siblings of the deceased
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When filing a wrongful death claim, several steps must be taken before you can recover compensation from the liable party.
Collect Evidence
Make sure that you collect all of the bills associated with the death of the deceased. Also, collect any paystubs or any other evidence of the deceased’s earning capacity.
Get a Lawyer
If you decide to file a claim and believe that you may be able to do so on your own without hiring a lawyer, it may still be useful to at least consult with a lawyer in order to maximize your chances of collecting the highest compensation.
Investigation
Your lawyer will proceed to investigate your case. In doing so, they will seek to establish fault, building the strongest case possible for you and helping you estimate your claim’s value.
Negotiation
Once your case is built, your attorney will start the negotiation process with the other side. They will issue a demand letter stating how much they should pay you in compensation, and then negotiations begin.
Settlement
If an agreement is reached in the negotiation stage, then your case will be settled, and your lawyer will walk you through the steps of receiving your settlement check. Note that most cases are settled before ever having to step foot into a courtroom.
Your case will proceed to trial if an agreement is not met at this stage. Your attorney and legal team will be with you each step of the way during the trial process.
What Damages Are Available in a Wrongful Death Lawsuit?
“Damages” refers to a sum of money awarded by a court to compensate someone for an injury or loss. Texas wrongful death law allows victims to recover many different types of damages. You may be entitled to compensation for a variety of emotional and financial losses, which are sorted into the categories of economic and non-economic damages.
Economic Damages
This category of losses includes monetary compensation to match:
- The value of financial support family members would have received if the deceased were still alive
- The value of household services the deceased would have contributed to if they were still alive
- The value of the medical expenses related to the deceased’s death
- The value of the deceased’s wages and benefits
- Burial and funeral expenses
- Present and future financial losses
Non-Economic Damages
This category of losses includes compensation for the impact of the death of your loved one on your everyday life and includes:
- Loss of consortium
- Mental anguish
- Emotional distress
- Pain and suffering
- Loss of quality of life
- Loss of love, care, and companionship
Legal Time Limits
In Texas, you have two years from the deceased’s date of death to file a wrongful death lawsuit. This is known as the statute of limitations, as this time limit was created by the Texas legislature.
In most cases, missing this deadline will result in the loss of your right to recover compensation. However, exceptions apply in certain circumstances that can alter the filing deadline.
Child Wrongful Death
Putting a value on a human being is a tricky task. Though an adult who is employed may be valued by their earning capacity, putting a value on a child for wrongful death compensation purposes is extremely difficult.
Generally, when evaluating a child’s value for wrongful death compensation purposes, the judge or jury may consider the life expectancy, the child’s earning potential, and other factors.
These factors are hardly clear-cut. For instance, if the deceased child was eighteen years old and accepted to MIT, it may be easier to evaluate their earning potential. However, if the child was only six years old when they died, then the potential earning criteria are useless.
What Is My Wrongful Death Case Worth?
Because a wrongful death case involves the loss of life, these types of cases can have some of the highest settlements of any personal injury case. However, until we know the full details of each case, we cannot accurately project what a claim is worth. Remember, you can always call us for a free consultation to get answers to these types of questions.
How Long does a Wrongful Death Case Last?
Just like the question above, we cannot say until we learn more about the case. Sometimes these cases are resolved within a year, sometimes longer. Call us today, and we can guide you more on this question.
The death of a loved one can create a significant financial burden. Learn how an El Paso wrongful death attorney can help you recover damages after a loss.
When hiring a wrongful death lawyer to help you recover compensation after the loss of a loved one, it is critical to note that these attorneys don’t charge their clients in the same manner as most other lawyers. Instead, like the majority of personal injury attorneys, wrongful death lawyers charge on a contingency fee basis.
That means that you will not be charged unless your lawyer is able to recover compensation on your behalf. Should they fail to do so, they will not collect a fee for their services.
If your lawyer is successful in getting you money for your damages, they will collect a single fee at the end of your case. This fee will be assessed as a fixed percentage of the compensation you recover and will be paid directly from the settlement or court-ordered payout. No matter the outcome, you will never pay a penny out of your own pocket.
Types of Wrongful Death Claims
A wrongful death case is a unique personal injury lawsuit that is typically pursued when there is a fatality due to another person’s negligence or intentional harm. A wrongful death can result from a wide range of events or accidents. Wrongful death actions often include actions brought as the result of:
- Car accidents
- Trucking accidents
- Medical malpractice
- Birth injuries
- Product liability
- Workplace accidents
- Accidental Shootings
Frequently Asked Questions
- Do I have a wrongful death case?
- What are common wrongful death causes?
- How do I prove the wrongful death of my husband or wife?
Get Help from Our El Paso Wrongful Death Attorneys
Wrongful death cases are complex and can be emotionally exhausting. However, an experienced wrongful death lawyer can help you maximize recovery and get some justice in the form of monetary compensation. Our compassionate El Paso wrongful death lawyers and staff can answer all your questions, investigate your case, and fight to get justice for your loss.
The wrongful death lawyers at Zinda Law Group of El Paso provide compassionate support to the families of the deceased and an aggressive pursuit of financial compensation and accountability from those responsible for the death. In the difficult time following the loss of a loved one, we want to relieve you of as much burden as possible.
By securing a competent wrongful death lawyer, you can rest assured that the appropriate steps will be taken to seek the maximum compensation available. Contact us today to receive your free consultation with a skilled and trusted El Paso wrongful death lawyer. You can make an appointment to visit our El Paso office located at 2300 George Dieter Dr, El Paso, TX 79936.
Please note that in-office visits are by appointment only.
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Attorney
We have successfully represented clients in a wide variety of cases across the country.
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