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 wrongful death 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.
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. And in many cases, the loss of a loved one creates a financial hardship for the family, mainly if they were the primary breadwinner.
Filing a claim with our wrongful death 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 is codified into law 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:
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 on behalf of all. However, these cases can be complex and should be handled by a qualified wrongful death attorney.
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:
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.
Wrongful Death Frequently Asked Questions
How long do I have to bring a wrongful death lawsuit?
In Texas, you have two years from your loved one’s death to bring a lawsuit based on wrongful death. Known as a statute of limitations, failure to bring a claim within these two years can result in your claim for compensation being denied. The best way to prevent this is to meet with our wrongful death attorney to ensure your claim meets all legal requirements.
Is a survival case the same as a wrongful death claim?
A survival case and a wrongful death claim refer to two different causes of action. A survival action may be brought by the decedent’s heirs or a legal estate representative. If successful, it can compensate for the losses that occurred while the person was still alive. In other words, it covers any expenses that accrued from the time of the accident until your loved one’s death.
However, damages in a survival action are the same as in a personal injury lawsuit. Speak with a personal injury attorney in El Paso to learn more.
Should I hire a wrongful death attorney?
It is always in your best interest to consult with an El Paso wrongful death attorney as early in the process as possible. Our legal team at K.E. Bradley can help determine the best course of legal action after the death of your loved one.
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, such as yours in El Paso and Missouri City, 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 that you are looking for.