Texas Wrongful Death Attorney

Compassionate Legal Support During Unimaginable Loss

When a loved one is taken due to the carelessness or misconduct of another party, the law provides a pathway to hold them accountable. We help Texas families secure the financial compensation necessary to face a devastating future with dignity.

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What Constitutes Wrongful Death Under Texas Law?

In Texas, a wrongful death claim is a civil action filed by the statutory beneficiaries of a deceased person whose death was caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another. This is distinct from criminal charges.

For a case to qualify, our legal team must prove three core elements by a preponderance of the evidence:

• Duty: The defendant owed the decedent a duty of care (e.g., to drive safely, to maintain a safe workplace).
• Breach: The defendant failed to uphold that duty (i.e., they were negligent or reckless).
• Causation: The defendant's breach directly caused the death.

Key Legal Distinction

A wrongful death suit seeks financial compensation for the survivors' losses, not to punish the wrongdoer with jail time (that is the criminal system's role). The burden of proof is also lower in a civil court, making compensation achievable even if criminal charges were not filed or failed.

Who Has Standing to Bring a Lawsuit in Texas?

Texas law strictly defines who can bring a wrongful death action. Generally, only the immediate surviving family members are permitted to file the claim.

Statutory Beneficiaries

• The surviving Spouse.
• The surviving Children (including adopted children).
• The surviving Parents (including adoptive parents).

The Estate Representative

If none of the statutory beneficiaries file a claim within three months of the death, the claim may be brought by the personal representative of the decedent's estate for the benefit of the family.

Note: Siblings, grandparents, and unmarried partners generally cannot file a claim.

Accidents Where Negligence is a Factor

We investigate deaths occurring from serious lapses in judgment or adherence to safety standards. Our focus is on identifying the negligent act, whether by an individual or a corporation.

• Fatal Auto Accidents: Deaths caused by drunk drivers, distracted driving (texting), speeding, or reckless operation of a vehicle.
• Commercial Trucking Wrecks: Complex cases involving fatigued drivers, improper maintenance, or corporate pressure leading to fatal 18-wheeler accidents.
• Oilfield & Workplace Incidents: Deaths resulting from OSHA violations, lack of safety equipment, gas explosions, or equipment failure in industrial settings.
• Premises Liability Deaths: Fatalities on commercial properties due to negligent security, structural collapse, fire code violations, or dangerous conditions.
• Medical Malpractice: Mistakes in diagnosis, surgical errors, or medication errors leading to preventable death in a hospital or clinic.
• Defective Products: Death caused by a poorly designed or manufactured consumer product, vehicle part, or piece of machinery.

Calculating Your Loss: Recoverable Damages

A wrongful death award is intended to compensate the family for both the financial and emotional voids left by the deceased. Our McAllen wrongful death lawyer uses expert economists and life planners to accurately value these losses.

Pecuniary Damages (Financial Losses)

• Lost Earning Capacity
• Loss of Inheritance
• Funeral and Burial Expenses
• Loss of Services

Non-Pecuniary Damages (Emotional & Intangible Losses)

• Loss of Companionship & Society
• Mental Anguish

Exemplary Damages (Punitive): Available in rare cases where the death was caused by gross negligence or a willful act, intended to punish the defendant.

Understanding Survival Claims

In Texas, families can often file two separate but related suits: the Wrongful Death claim (for the family's loss) and a Survival Claim.

A Survival Claim is filed on behalf of the deceased's estate. It recovers damages that the deceased person themselves sustained between the time of the injury and the time of death.

Secure Both Wrongful Death and Survival Damages

The Two-Year Statute of Limitations

The most critical factor in a Texas wrongful death case is time. You generally have only two years from the date of death to file a lawsuit.

If this deadline is missed, you lose the legal right to seek compensation forever.

Don't Risk the Deadline - Contact Us Now

How We Build Your Family's Case

• Scene and Evidence Preservation
• Expert Consultation
• Loss Documentation

Why Legal Expertise is Non-Negotiable

After a fatal accident, the responsible party's insurance adjusters will act quickly. They are trained to minimize payouts. Having an experienced El Paso wrongful death lawyer levels the playing field.

Protecting Your Rights

Our wrongful death attorney El Paso TX ensures you do not sign away your rights or accept a premature settlement that fails to account for your future financial needs.

Maximizing Financial Recovery

We access and present expert testimony and economic projections that drastically increase the recovered value compared to what an individual could negotiate alone.

Find Peace of Mind and Secure Your Family's Future

The initial step is a confidential discussion about the facts of your case. There is no obligation, and our conversation is always free.