What Is a Wrongful Death Claim?
A wrongful death claim is filed when a third party is responsible for the death of another person negligently or through intentional harm; the responsible parties can be held liable under the law. When a family loses a loved one because of another person's carelessness, they are entitled to receive monetary compensation. Even if the person responsible for the death of a loved one has had criminal charges filed against them, there is still a chance to also file a civil lawsuit involving a wrongful death claim. If a company rather than an individual caused the fatality, the only way to hold them accountable is to present a wrongful death claim.
The person (or party) who files the lawsuit (known as the “plaintiff”) is responsible for proving their case against the defendant. This is known as the “burden of proof." Essentially, it entails showing that the defendant owed a duty of care, that this duty of care was breached, and that this was the cause of the decedent's injuries and, ultimately, their death. Proving this requires substantial evidence, including accident reports, medical records, and even video footage, depending on what evidence is available and what type of incident caused your loved one's death.
At , we are here to assist you during this unspeakably difficult time. Our El Paso wrongful death lawyers have the experience and resources to build powerful cases, as well as a long track record of securing groundbreaking victories for our clients. We have been recognized by prestigious legal organizations, such as Super Lawyers® and Best Law Firms®,, for our determination and our refusal to ever back down. We know what justice means to you and your family. We're here to help you get it.
Why Fatal Accidents Are So Common in El Paso
El Paso is a unique place. Located directly on the U.S.–Mexico border, it is both a gateway for international commerce and a community defined by its hardworking people. While these qualities make El Paso a cultural and economic hub, they also contribute to serious dangers for families in this region, particularly when companies cut corners on safety or push workers past their limits. Sadly, many of the wrongful death cases in El Paso stem from accidents tied to local industry and the transportation networks that keep it running.
Border & Transportation Risks
El Paso is one of the busiest border crossings in the United States. Every day, thousands of trucks pass through ports of entry like the Bridge of the Americas (BOTA) and Ysleta-Zaragoza International Bridge, carrying goods between the U.S. and Mexico. That constant flow of freight feeds directly onto I-10, Loop 375, and U.S. 54—highways that are already congested with local commuters. This creates a dangerous combination: heavy 18-wheeler traffic, long-haul drivers under pressure to meet deadlines, and urban roadways not designed to handle such volume.
Truck accidents are consistently one of the leading causes of fatal crashes in El Paso County. A single collision between a semi-truck and a passenger vehicle can devastate an entire family and, what’s worse, these tragedies are often preventable. Many result from driver fatigue, speeding to meet delivery schedules, or trucking companies failing to maintain safe fleets.
Industrial & Workplace Accidents
Beyond transportation, El Paso’s economy is built on industries that demand hard, physical labor:
- Industrial Work: Warehouse and logistics facilities line the border, employing thousands of residents who move and store the goods coming across. These jobs may not seem as dangerous as oilfields or construction sites, but warehouse workers face everyday risks from heavy equipment, forklift accidents, and unsafe conditions caused by poor training or rushed operations. Employers that ignore safety standards put workers’ lives in jeopardy.
- Oil and Gas: Oilfield work is another major source of risk. Even though most drilling happens to the east in the Permian Basin, many families in El Paso rely on oilfield jobs. This means workers often travel long distances to and from remote drilling sites. The oil and gas industry is one of the deadliest in the country, with accidents ranging from equipment failures to explosions and transportation crashes on rural highways. When companies fail to provide safe working conditions or push crews to work exhausting hours, lives are lost—and families back home in El Paso are left to pick up the pieces.
- Construction: Construction is also a constant presence in a growing city like El Paso. Road expansions, new housing, and commercial projects mean that construction crews are working year-round, often in extreme desert heat. Falls, equipment accidents, and struck-by incidents are leading causes of death in this industry. Too often, these accidents happen because employers don’t provide proper fall protection, safety gear, or adequate training.
- Agricultural Work: Agriculture continues to play a significant role in the economy surrounding El Paso. Farmworkers and ranch hands face hazards ranging from tractor rollovers to exposure to dangerous chemicals. These jobs are physically demanding and sometimes performed under harsh conditions. When safety rules are ignored, even a single misstep can lead to a fatal outcome.
Filing a Wrongful Death Lawsuit: What Counts As Grounds for a Claim?
A wrongful death lawsuit may be filed against any individual or business entity responsible for causing the death of a person through negligence, wrongdoing, or intentional misconduct.
For example, the following could qualify for a wrongful death claim:
There is a statute of limitations on these cases—this means you have two years to file a wrongful death claim before it is too late to file. Contact an El Paso wrongful death attorney to determine if you can still file.
How Do I Know If I Have a Case?
Although a wrongful death claim can be filed for most accidents that cause the death of another, it does not cover every incident. Wrongful death claims need to prove that a person or company caused or could have prevented a person's death and that the death left family members with economic or emotional losses. To find out if you have a case, your best option is to talk to an experienced El Paso wrongful death lawyer.
Types of Damages in an El Paso Wrongful Death Case
In Texas, you may be able to claim the following damages:
- Economic Damages: You can receive compensation for financial damages on funeral and medical expenses related to the death, loss of the decedent's future earnings and benefits, and more.
- Non-Economic Damages: This includes damages such as pain and suffering and mental anguish.
- Punitive Damages: Also known as “exemplary damages”, there are cases where you can be awarded this type of compensation in addition to economic and non-economic damages, as a way of punishing the responsible parties for willful negligent acts.
Who Can File a Wrongful Death Claim in El Paso, Texas?
Although laws vary from state to state regarding the eligibility of the person who can file a wrongful death claim, close family members of the victims are usually the ones who have the right to file suit.
To come forward with a wrongful death suit in Texas, one must be a relative or dependent such as:
- Children
- Spouses
- Parents
- Siblings
- Parents of unmarried children
Children and spouses are given the primary right to file a wrongful death claim, so a parent, sibling, or another relative will likely not be able to file a claim if a child or spouse is pursuing one.
To learn more about wrongful death in Texas, visit Sec. 71 of the Civil Practice & Remedies Code.
Wrongful Death Claims We've Handled in the Past
We can tell you that wrongful death claims help you get answers and hold the responsible parties accountable because we've seen this play out for our clients time and again. Even when we've gone after corporations in high-profile cases, our attorneys have ensured that our clients' side of the story is heard, and that juries see through the ploys that corporations use to avoid taking responsibility.
In one case, we helped a mother secure a measure of justice for her daughter, who had been killed while in her kitchen because a crane collapsed onto her apartment, a tragedy that could easily have been prevented if the real estate developer, Greystar, had simply secured the crane appropriately. This would have been the common-sense thing to do ahead of a storm. Instead of owning up to their failure, Greystar tried to pin the blame on the crane operator, and tried to delay the case indefinitely. In spite of their tactics, we were able to win the record-breaking verdict of $860 million for our client.
The track record of our El Paso wrongful death attorneys also includes:
- $222 million won for the widow of a worker who died from scalding injuries sustained in an industrial accident
- $125 million recovered for the widow of a dredge worker was killed by the burn injuries sustained in an offshore explosion
- $81 million won for two adult children suing on behalf of their deceased mother, who was killed in an accident
- $27.7 million recovered for the family of a worker who was killed in a workplace accident
- $12.5 million won for the family of a man who was electrocuted by a fallen power line
- $10 million recovered within six months of filing for a fatal trucking accident
- And many other legal victories
Contact Our Wrongful Death Lawyers in El Paso Today
Don't wait to find out if our attorneys can help you. We can discuss the details of your case confidentially in a free case review, and if we take your case, we will charge nothing upfront. In fact, we don't charge our clients a penny until we've recovered financial compensation for them. We only get paid once you do. If you have lost a loved one due to the negligent or even intentional acts of a person, corporation, or any other entity, we are prepared to help you secure the answers and justice you deserve.
Contact us online today or call (888) 493-1629 to reach our wrongful death attorneys.
