Wrongful Death Attorney in El Paso

Proudly Serving Clients Across Texas

The loss of a loved one is never easy. Yet it can be even more unbearable when another person’s negligence causes their death. Under certain circumstances, you may be able to file a wrongful death claim to help compensate you for the financial hardship created by the unexpected loss of your family member. To determine whether you can file a lawsuit, you must speak with an experienced personal injury attorney in El Paso for advice and legal assistance.

At K.E. Bradley Law, we know that no amount of money can fully compensate you for losing your loved one. Our job is to help bring you justice. We fight hard to hold parties accountable for their wrongdoing and to get our clients the largest recovery possible if they suffer this unthinkable loss.

Get compensation by scheduling with our El Paso wrongful death attorney at (832) 440-0585 | (915) 222-8082 today!

Why File A Wrongful Death Claim

In the immediate aftermath of a fatal accident, it can be challenging to know where to turn. You and your loved ones can suffer from emotional damage due to sudden and large amounts of grief. In many cases, the loss of a loved one creates financial hardship for the family, mainly if they are the primary breadwinner.

Filing a claim with an attorney in El Paso can not only hold offending parties accountable for their negligence but also provide your family with the financial and emotional stability you need. A wrongful death lawsuit can also help provide coverage for your loved one’s medical bills, funeral expenses, lost wages, and more.

Types of Wrongful Death Cases

Any time a person is killed because of another person’s wrongdoing or negligence, it may give rise to a claim. Discussing your case with your wrongful death attorney is essential to determine if you have a valid cause of action.

Common types of wrongful death cases:

Beyond motor vehicle accidents, any type of personal injury case could become a wrongful death claim if the person is killed. So, if your loved one died in a crash or another kind of accident, you need to speak with an El Paso wrongful death attorney today.

What Constitutes Wrongful Death in Texas?

Texas’s Wrongful Death Act under Sec. 71.001 of the Civil Practice and Remedies Code. It outlines when someone can bring a lawsuit based on wrongful death and what constitutes a valid claim.

According to the Wrongful Death Act, a claim may be brought if someone was killed due to another person’s:

If you have questions about whether your loved one’s passing qualifies for a claim, contact our wrongful death attorney in El Paso at (915) 240-6027.

Who Can File a Wrongful Death Claim in Texas?

Texas limits the people who file and benefit from a wrongful death claim. If none of the people listed below bring a cause of action within three months of the decedent’s death, the executor or administrator of the estate may file a claim on their behalf:

The above parties may bring a wrongful death claim on behalf of themselves or behalf of all. However, these cases can be complex and should be handled by a qualified lawyer.

What Do You Have to Prove in a Wrongful Death Case?

To bring a successful wrongful death case, you must prove that another person’s negligence or wrongful act caused the death of your loved one. In a negligence case, you must show that the offending party owed your loved one a duty of care and that the breach caused their death.

Damages Available in a Wrongful Death Claim

A wrongful death lawsuit can help you obtain compensation for losing your loved one. While no amount of money will fully compensate you for the unimaginable act that caused your family member’s death, filing a claim with our El Paso wrongful death attorney can help ease some of the financial burden created by their loss.

Compensation in a wrongful death claim in El Paso may include:

Your loved one’s lost wages
Loss of financial support
Loss of household services
Your pain and suffering
Loss of love and companionship
Loss of inheritance

If the final decision finds that the death was caused by the “willful act, omission, or gross negligence of the defendant,” exemplary damages may be awarded to you. Exemplary damages (punitive damages) are designed to punish defendants for their egregious acts.

Speak with a Wrongful Death Lawyer for FREE

If your family member died due to someone else’s negligence or wrongful act, you might be entitled to compensation. Filing a wrongful claim is never easy, which is why you need our expert attorney, who can alleviate some of the financial and emotional hardship people experience.

K.E. Bradley is here to help you alleviate your financial and emotional grief through successful representation. Our experience in Texas laws and wrongful death cases has helped past clients get the compensation they deserve. As your attorney, you can expect the best local representation that guarantees you and your loved ones the peace of mind and recompense you seek.

Schedule a free, no-obligation consultation with our wrongful death attorney in El Paso at (832) 440-0585 | (915) 222-8082.

Frequently Asked Questions

How does a wrongful death lawsuit work?

A wrongful death lawsuit is filed when someone dies due to another person’s negligence or intentional actions. The lawsuit seeks compensation for the survivors, including financial losses, medical and funeral expenses, and emotional suffering. The court reviews evidence, determines liability, and may award damages to the eligible family members or beneficiaries.

What are the elements of a wrongful death claim?

To succeed, a wrongful death claim generally requires showing that the defendant owed a duty of care, breached that duty, directly caused the death, and that the survivors suffered damages as a result. Evidence such as medical records, accident reports, and witness statements is crucial.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the deceased person’s survivors for losses like lost income and emotional suffering. A survival action allows the estate to pursue claims the deceased could have made if they had lived, such as medical expenses or pain and suffering experienced before death.

Who can file a wrongful death lawsuit?

Typically, close family members, such as spouses, children, or parents, can file a wrongful death lawsuit. The specific eligibility depends on state law. Sometimes, the personal representative of the deceased person’s estate can file on behalf of the family.

Who is entitled to wrongful death benefits?

Surviving family members, such as spouses, children, and sometimes parents or siblings, may be entitled to compensation. State law determines exactly who qualifies and how damages are distributed among eligible parties.

How long after wrongful death can you sue?

The statute of limitations varies by state, but it generally ranges from one to three years from the date of death. Filing within this period is crucial to preserve your right to seek compensation.