Wrongful Death Lawyers El Paso, TX
Fatal accidents are heartbreaking events that destroy all sense of normalcy for surviving family members. When an untimely death is caused by someone else’s negligent actions, the impact is even more profound and staggering. Moving forward after the loss of your loved one can be emotionally devastating, and dealing with the logistics of the decedent’s affairs can be challenging, making it hard to focus on getting things done.
The El Paso wrongful death lawyers at Farah Law understand the pain you are facing and can assist you during this difficult time. We help guide you through the process of dealing with insurance companies and filing wrongful death claims in Texas. We are here to fight for you and your family.
Wrongful Death Lawsuits in Texas
Wrongful death cases occur when another party’s negligence or recklessness causes a loss of life. Vehicle accidents, medical malpractice, and defective products are just a few of the ways that one party’s negligence can cost someone their life. According to the Texas Civil Practice and Remedies Code Chapter 71, the responsible party can be held accountable for the damages they caused, including punitive, economic, or non-economic damages.
Wrongful death cases allow you the opportunity to recover some of your financial losses and seek justice for what you have lost. These cases also hold the responsible party accountable for their actions. An experienced attorney can help you achieve these goals and provide the resources you need to recover what you’ve lost, allowing your family to heal and move forward.
A lawyer will also help you pursue a swift and amicable resolution in your wrongful death case. They will work to secure the maximum settlement possible through negotiation and mediation, which often help reduce the time and costs associated with these cases. If these approaches fail, your case may proceed to trial, where your attorney will represent you to seek appropriate compensation.
Establishing Negligence in A Wrongful Death Lawsuit
Negligence is a foundational element of any wrongful death lawsuit and is necessary to seek compensation. As such, a lawyer will establish a link between the negligent party’s responsibility to prevent harm, their subsequent failure to do so, and how their failure directly caused another person’s death.
In the event that more than one party is at fault, Texas’ modified comparative negligence laws apply. According to Texas Civil Practice and Remedies Code Chapter 33, the court evaluates each party’s level of contribution to the death ans assigns a percentage of liability, which affects how much they must pay to the plaintiff. If the plaintiff is partially at fault, they can still seek compensation as long as their share of the fault is less than 51%. However, their final compensation will be reduced by the same percentage of their own fault.
Farah Law’s El Paso Wrongful Death Attorneys Are Your Allies
Wrongful death cases can be a complex and emotional process. The wrongful death lawyers in El Paso at Farah Law are your allies during this difficult time. We will advocate for you to ensure your voice is heard and help secure the compensation you deserve. Our team will guide you through the legal system and overcome any obstacles that may arise.
Our legal professionals have extensive knowledge and experience navigating a variety of causes of wrongful death. They can adapt strategies and skillfully maneuver through the applicable legal requirements that govern the particular cause of death your loved one suffered. Some of the common causes of wrongful deaths that a lawyer can help you with include:
- Motor vehicle accidents
- Railroad accidents
- Pedestrian accidents
- Bicycle accidents
- Oil refinery accidents
- Slip and fall accidents
- Product liability
- Medical malpractice
Compassion and Competence Are Our Strengths in Wrongful Death Cases
Regardless of the cause of death, you can rest assured that your Farah Law attorney will actively listen and be empathetic to what you are suffering. From your initial free consultation to your last meeting, they will guide you through the legal options you have and any constraints that must be considered.
From these conversations, they will work with you to create a sound, detailed, and action-oriented strategy to get you a favorable outcome. They will thoroughly investigate the deceased’s death, negotiate with insurance companies and opposing parties, file all relevant paperwork, and represent you in court if needed. We also connect you with other professionals and experts who can help you recover emotionally and physically, especially if you were also injured in the accident that claimed your loved one.
Costs Involved in Working With a Wrongful Death Lawyer in El Paso, Texas
At Farah Law, we recognize that you will have many expenses when dealing with the loss of a loved one, from burial to settling the estate. As a result, we operate on a contingency fee basis for personal injury cases to make legal services more accessible during a tough time. This means that when you need to hire legal representation to resolve your wrongful death case, you do not have to pay any attorney fees upfront.
You only pay if we win your case and you receive compensation. Legal fees are then deducted from the awarded damages, which cover attorney’s fees and other expenses related to your case. You do not have to pay anything upfront, and the remainder of the settlement is yours.
Surviving Family Members Legal Options
When a loved one’s untimely death occurs because of negligent actions by another party, the surviving family members have the right to take legal action. Some options include:
- If the deceased individual had had the right to make a personal injury claim if they had lived, then surviving family members could bring forth a survival action to benefit the decedent’s state.
- If the deceased was killed instantly or died quickly after the accident, surviving family members may choose to file a wrongful death lawsuit to benefit the decedent’s beneficiaries.
- When choosing to file a claim, family members can make individual or joint wrongful death claims.
Immediate family members, such as a surviving spouse, dependents, or the parents of the deceased are the only persons entitled to make a wrongful death claim in Texas. A personal representative or executor can file a claim on behalf of the family or estate if the family doesn’t file one within three months of the decedent’s death. Descendants are only allowed to file a claim if they are over the age of 18, or were legally adopted by the deceased parent.
Families Can File Insurance Claims as Well as Wrongful Death Lawsuits
In addition to seeking compensation through legal actions against at-fault parties, family members may also present the death certificate to insurance companies and claim the death benefits from insurance policies that list them as beneficiaries. However, it is important to be aware that insurance companies may try to pay a low sum, or avoid paying out death benefits on a technicality.
Enlisting the assistance of a El Paso wrongful death lawyer can ensure you have someone to both fight for you and get you the benefits you are entitled to receive. Experienced attorneys know the legal language needed to present your case and can encourage insurance companies to compensate you fairly. You can also discuss your lawsuit goals and settlement offers with your attorney so they can assess and negotiate as needed.
Compensatory Options in a Wrongful Death Case
When you file wrongful death claims in Texas, you can seek financial compensation to cover the deceased person’s final expenses, as well as receive compensation for other factors that may affect your life now. Compensation can ease any financial burden created by the loss of your loved one. You may be able to claim more than one type of damages under Texas law in your case.
The first type of compensation you may be able to claim is economic damages, calculated by the financial expenses or losses you have incurred. Economic damages cover the deceased’s funeral expenses and final medical bills, your loss of inheritance or loss of income, and any other relevant monetary costs associated with their death.
You may also claim non-economic damages to cover what you have had to experience thus far, as well as accommodate the changes to your life that are directly impacted by the loss of your loved one. Non-economic damages provide for your pain and suffering, emotional and mental anguish, and loss of companionship.
Finally, given the stark outcome of the at-fault party’s actions, you may also be able to claim punitive damages. Punitive damages are often used in situations of gross negligence to provide additional financial assistance to cover the more significant expenses. Punitive damages are also used to deter and punish the individual who was at fault.
Texas Wrongful Death Statute of Limitations
According to Texas Civil Practice and Remedies Code Chapter 16, the surviving parents, spouse, or children have two years to bring a Texas wrongful death claim against the at-fault party. After the statute of limitations expires, immediate family members may no longer make a survival action. Depending on the cause of death, some exceptions may apply that could result in a shorter or longer period of time.
For example, if the plaintiff bringing the lawsuit is a minor child, the start date for the statute of limitations is usually delayed until the child’s 18th birthday. If the plaintiff is mentally or physically incapacitated during the two-year period—such as being in a coma from the same accident that killed the decedent—the statute begibs when the plaintiff recovers.
It is important to talk with a El Paso personal injury lawyer to discuss your options and strategies as soon as possible. They will ensure your claim is made within the statute of limitations, and help prevent legal issues that could arise and create delays due to the specific causes of wrongful death your loved one suffered from.
Contact Our El Paso Law Firm for a Free Consultation
The untimely death of a loved one can make you feel as though your world is spiraling out of control. However, with the help of a El Paso law firm, you do not have to navigate this difficult time alone. A wrongful death lawyer will provide you with legal advice tailored to your situation, all within the protection of an attorney-client relationship.
When you work with personal injury lawyers from Farah Law, you get the advantage of working with a legal team that has years of experience compassionately handling wrongful death cases. They will help you navigate this difficult time and help you get the compensation you need to alleviate any financial hardship. Learn more about your options and how a El Paso wrongful death lawyer can lighten your burden when you schedule a consultation with us today.
