Wrongful Death Attorney in El Paso

Texas, like all other states, dictates that only certain individuals can file a wrongful death lawsuit. Under the law, only parents, children, and spouses can file a wrongful death claim. Children include those born out of wedlock and adopted children if they were dependent on the deceased. Additionally, parents of a deceased adopted child can file a claim when they suffer losses from the death, such as pain and suffering.

Under Texas law, any one of these individuals may file a wrongful death claim. If more than one of these individuals wishes to file a claim, they can form a group and file a claim.

If none of these family members wishes to file a claim, the estate may file a claim within three months of the death. These claims are filed by the executor of the estate. There is an exception to this rule, and that is that any family member eligible to file a claim can block a claim made by the executor.

In some cases, it can seem clear that a preventable accident was the cause of a person’s wrongful death. However, proving that in court can be more complicated than it seems. For those unfamiliar with the law, this is often difficult.

To prove a death was wrongful, you must first prove that another person’s negligent actions caused the death. Negligence is a legal term used to describe careless or reckless actions. A person does not have to act intentionally in order to be negligent. They simply have to act in an unreasonable manner that hurts another person.

To be negligent, a person must have owed a duty of care to someone else. For example, drivers have a duty of care to drive in a reasonable manner that will not hurt anyone else on the road. Manufacturers have a duty to ensure their products will not harm consumers. Property owners have a duty to ensure that people who enter their property will not become hurt while there. When people do not meet that duty of care, or breach it, they are considered negligent.

Proving that someone acted negligently is not enough to prove wrongful death. You must also prove that the act of negligence caused the death.

To prove negligence, and the fact that it resulted in wrongful death, strong evidence is crucial. This evidence can include police reports, eyewitness statements, expert testimony, photos and videos of the accident scene, and doctor’s reports. If the act that caused the wrongful death was criminal, such as an assault, any evidence used in the prosecution of the criminal case is also useful in a civil wrongful death claim.

A wrongful death claim is meant to compensate surviving loved ones for the losses they have suffered due to the death. Common damages awarded include:

The courts will determine which family members were most dependent on the deceased. Based on these findings, the court will also determine how much certain family members should be awarded in a wrongful death claim.

Additionally, survival claims can be filed in Texas. These differ from wrongful death claims because they act as personal injury claims that survive the death of the deceased. They are meant to compensate the deceased’s estate for losses the deceased incurred before his or her death. These damages can include medical expenses incurred before the death, and pain and suffering sustained by the victim prior to the death.

In Texas, there is a statute of limitations on wrongful death. This is the time limit that loved ones have to file their claim. In Texas, wrongful death claims must be filed within two years of the date of death.

Texas’ statute of limitations is fairly strict. The law states that plaintiffs who file claims after this time are barred from receiving any compensation. That being said, there are some exceptions. The first and most pertinent exception involves wrongful death claims that a child wishes to file. Minor children cannot file a lawsuit or a wrongful death claim, as the courts have determined that they do not have the capacity to do so. However, if the child wishes to file a wrongful death claim after they turn 18, they have two years from the date of their 18th birthday to do so.

The other exception to the statute of limitations in wrongful death claims occurs when the family members eligible to file a claim don’t discover the cause of the wrongful death right away. The cause of death isn’t always obvious. For example, if someone dies while on the job, family members typically seek death benefits from workers’ compensation. However, if those family members learn six months after the death that a third party caused the death, they could have two years from the date of learning that information to file a claim for compensation.

The statute of limitations in Texas is clear about how long family members have to file a claim. This time limit, though, can still become complicated. So family members should always speak to an El Paso wrongful death lawyer as soon as possible to ensure their legal rights are preserved.

Tragically, accidents resulting in wrongful death happen much more than people think. There are also many common causes of wrongful death, including:

Clearly, there are many causes of wrongful death. Unfortunately, none of them are easy to prove. An El Paso wrongful death attorney can help family members establish their claim and demand the compensation they need.