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Wrongful Death Claims in Texas: Your Rights After Losing a Loved One
Losing a loved one is devastating — and when that loss is caused by someone else’s negligence, the pain can feel overwhelming. Sadly, many families in El Paso and throughout Texas do not realize that they still have legal rights, even after a family member has passed away.
At Law Offices of Michael J. Gopin, PLLC, we recently worked with a client who lost both of his parents in a tragic drunk driving accident. He believed he had no legal options simply because his parents were no longer alive. That is a common — and heartbreaking — misconception.
This article explains what wrongful death is, who can file a claim, and the steps families should take to protect their rights under Texas law.
A wrongful death occurs when a person loses their life due to another party’s negligent, reckless, or intentional actions. In Texas, wrongful death claims often involve:
Drunk driving accidents
Car and truck accidents
Motorcycle crashes
Workplace accidents
Dangerous or defective products
Medical negligence
If the deceased would have had the right to file a personal injury claim had they survived, their surviving family members may be entitled to pursue a wrongful death claim.
Texas law clearly defines who may bring a wrongful death claim. Eligible individuals include:
The surviving spouse
Children (including adult children)
Parents of the deceased
If none of these parties file a claim within three months of the death, the estate’s personal representative may file on behalf of the estate, unless the family requests otherwise.
👉 Important: Even adult children have rights, and you do not lose your ability to file a claim simply because both parents have passed away.
While no amount of money can replace a loved one, Texas law allows families to seek compensation for losses caused by the death, including:
Funeral and burial expenses
Loss of financial support
Loss of companionship and love
Mental anguish and emotional pain
Loss of guidance, care, and support
Medical expenses related to the fatal injury
In drunk driving cases, punitive damages may also be available to punish reckless behavior and help prevent future tragedies.
If your family has lost someone due to negligence, taking the right steps early can protect your claim:
Wrongful death cases are complex and time-sensitive. Speaking with a qualified attorney can help you understand your rights before critical deadlines pass.
Police reports, medical records, accident photos, witness statements, and toxicology results can all play a crucial role in building a strong case.
Insurance adjusters may reach out quickly. Their goal is often to minimize payouts — not protect your family’s interests.
In Texas, wrongful death claims generally must be filed within two years from the date of death. Missing this deadline can permanently bar your claim.
Drunk driving accidents are among the most tragic and preventable causes of wrongful death. Families often experience profound grief, anger, and confusion — especially when the loss was entirely avoidable.
If your loved one was killed by an intoxicated driver, you may have the right to pursue both civil damages and, in some cases, additional claims tied to criminal proceedings.
Many families assume they have no legal options after losing a loved one. The truth is, Texas law exists to protect surviving family members, even when the victims themselves are no longer here to speak.
If you have lost a parent, spouse, or child due to someone else’s negligence, you deserve answers — and accountability.
To learn more about wrongful death claims or to speak with a legal professional, contact:
📞 915-333-3333
🌐 www.michaelgopin.com
The Law Offices of Michael J. Gopin, PLLC proudly represent individuals and families across El Paso and throughout Texas in personal injury and wrongful death cases. Our firm is committed to protecting the rights of those affected by serious injuries and tragic loss.
Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...
We are experienced El Paso personal injury lawyers. Give us a call and you’ll be taken care of! (915) 333-3333
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