Wrongful Death Lawyer in El Paso
Securing Compensation After the Loss of a Loved One
Losing a loved one is never easy. But when their passing was solely a result of someone else’s wrongdoing, it is even more devastating. After the wrongful death of a family member, it is important to speak with a lawyer as soon as possible to determine if you are eligible to receive compensation.
At the Aranda Law Firm, our attorneys understand how difficult this time is for you and your family. That is why our El Paso wrongful death lawyers are dedicated to securing justice on your behalf by holding those responsible accountable for their actions. Contact us today at (915) 996-9914 to discuss your legal options with an attorney for free.
Types of Wrongful Death Cases
Wrongful death occurs when another person’s negligence or wrongful act causes a person’s death. The decedent’s family may bring a lawsuit against the person who caused the death to be compensated for their unexpected losses.
Common types of wrongful death cases include:
Statute of Limitations in a Wrongful Death Case
In Texas, you only have a limited amount of time to file a wrongful death case. The time frame, known as the “statute of limitations,” is two years from the date of the decedent’s death. This means you have two years from the date your loved one died to file a claim.
It is always important to act quickly. If you fail to bring a lawsuit within the statutory time period, you could lose your right to compensation. Consulting with a wrongful death attorney in El Paso as early in the process as possible can help ensure that a claim is filed within the legal requirement.
Who Can File a Wrongful Death Claim
Under Texas law, only certain people can file a wrongful death claim. If your family member has passed away, you should discuss your legal options with an El Paso personal injury attorney to determine whether you have the right to file a lawsuit.
Individuals who may file a wrongful death claim include the decedent’s:
- Surviving spouse
- Children
- Parents
These individuals may bring a wrongful death claim on their behalf or that of all eligible individuals. If, after three months, none of the listed family members have filed a claim, the personal representative of the deceased person’s estate may bring a wrongful death claim on behalf of the eligible parties. However, a personal representative may not bring a wrongful death claim if the listed family members request that one not be filed.
What Constitutes a Wrongful Death
Wrongful death is a legally defined concept. Under state statute, a wrongful death is one that occurs as a result of another person’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
Types of Damages in a Wrongful Death Case
The types of damages in a wrongful death case differ from those available in a claim based on personal injury. Because a wrongful death claim is brought on behalf of the deceased’s loved ones, it covers the losses they incur related to the person’s death.
Types of damages in a wrongful death case include:
- Funeral costs
- Loss of financial support or lost earning capacity
- Loss of love, companionship, comfort, and society
- Loss of inheritance
- Loss of household services
- Loss of care, support, and guidance
- Survivors’ mental pain and anguish
In some cases, punitive damages are awarded. Designed to make an example out of or punish the person who caused the death for their wrongdoing, these damages are only awarded in cases where it can be proved that the person’s death was caused by the “wilful act or omission or gross negligence of the defendant.”
Wrongful Death Claims - Frequently Asked Questions
Is a Wrongful Death Claim the Same as a Survival Action?
Wrongful death claims and survival actions are two different legal proceedings. A wrongful death claim is a lawsuit brought by or on behalf of a decedent’s loved ones. It is designed to compensate family members for losses related to the person’s death. A survival action is brought on behalf of the decedent’s estate for losses incurred as a result of the accident prior to their death.
Are There Exceptions to the Statute of Limitations?
There are limited exceptions to the statute of limitations. However, it is essential to discuss your case with a personal injury lawyer in El Paso as early as possible to ensure that you are able to obtain compensation and meet all legal requirements.
How Can Wrongful Death Claims Be Proved?
Without the help of a wrongful death lawyer, it can be challenging to prove a claim. As with most cases, you must show that the other person’s negligent act or omission caused the death of your loved one. This is usually accomplished with evidence and testimony related to the case.
Why Hire the Aranda Law Firm?
Our experienced wrongful death lawyers in El Paso understand that there is no amount of money that will ever fully compensate you for the loss of your loved one, but we are also aware of the significant financial hardship that can be caused by their sudden death. Wrongful death claims can help to provide you with the money you need to cover costs, including your family member’s funeral expenses.
You should not have to go through this difficult time alone. The Aranda Law Firm is here to help you and your family through the process. Please do not hesitate to call our office to speak with an experienced member of our legal team.
Contact the Aranda Law Firm for More Information
Did you lose a loved one because of another person’s negligence? Contact the Aranda Law Firm today at (915) 996-9914 to schedule a consultation with a wrongful death lawyer. Your initial case evaluation is free. We proudly serve clients throughout El Paso and the neighboring communities.
Get the dedicated, experienced legal representation you need and deserve. The unexpected loss of a loved one is never easy. You should not have to pay for someone else’s wrongdoing. Call now to get started.
