El Paso Wrongful Death Lawyers

Yes, you can sue for wrongful death in Texas. Under the Texas Wrongful Death Act (Texas Civil Practice and Remedies Code, Chapter 71), surviving family members and the deceased's estate may bring a wrongful death claim when the death is caused by the negligence, carelessness, unskillfulness, or wrongful act of another party.

In Texas, a wrongful death suit can be filed by specific surviving family members of the deceased, as outlined in the Texas Wrongful Death Act. The eligible individuals who can file a wrongful death claim include the spouse of the deceased, children of the deceased (including legally adopted children), and parents of the deceased (including adoptive parents). Siblings and other relatives are not eligible to file in Texas. If the eligible family members do not initiate a claim within the time limit, the personal representative or executor of the deceased person's estate may file the wrongful death claim unless a family member requests explicitly that a suit not be filed.

In Texas, compensation awarded in a wrongful death lawsuit is typically distributed among the eligible surviving family members. The distribution of compensation depends on the specific circumstances of each case. The court may consider various factors, such as the extent of each family member's financial dependence on the deceased, the degree of emotional suffering, and the nature of their relationship with the deceased. In some cases, the court may award a portion of the compensation to the deceased person's estate, which can then be distributed according to the deceased's will or the state's intestacy laws if there is no valid will.

While it's impossible to provide an exact average payout, both settlements and jury verdicts in wrongful death cases can range from tens of thousands to millions of dollars—depending on the case's specific circumstances. It is difficult to provide a specific average payout for wrongful death cases in Texas, as each case is unique and depends on various factors. These factors include the circumstances surrounding the death, the amount of economic and non-economic damages, and the specific details of each case.

Generally, a wrongful death lawsuit may take several months to a few years to reach a resolution. Some cases may settle relatively quickly through negotiations, while others may require extensive investigation, discovery, and a trial, which can extend the duration of the process. The duration of a wrongful death lawsuit in Texas can vary significantly depending on the case’s specific circumstances. Several factors can influence the timeline, such as the complexity of the case, the number of parties involved, the availability of evidence, and more.

Yes, there is a deadline for filing a wrongful death claim in Texas, known as the statute of limitations. In general, the statute of limitations for Texas wrongful death claims is two years from the date of the deceased person's death. There may be some exceptions to this, such as when the claim involves a minor or if the defendant's wrongful act was fraudulently concealed. However, these exceptions are rare, and it is essential to consult with an experienced wrongful death attorney as soon as possible to ensure your case is filed within the required time frame.

In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the individual's death. This legal timeframe is crucial as it sets the period within which the deceased's family or estate representatives must initiate legal action against those responsible for the death. Failure to file within this period can result in the loss of the right to seek compensation through the courts.

In a wrongful death lawsuit, damages aim to compensate the deceased's family or estate for the loss and suffering resulting from their loved one's untimely death. These can include economic damages, such as lost earning capacity, medical and funeral expenses related to the deceased's final illness or injury, and loss of inheritance. Non-economic damages may also be sought, covering pain and suffering, loss of companionship and support, and mental anguish experienced by the survivors. In some cases, exemplary (punitive) damages may be awarded to punish the wrongdoer for gross negligence or willful misconduct and to deter similar behaviors in the future. The specific damages available can vary based on the case's circumstances and the relationship between the deceased and the claimants.

In wrongful death lawsuits, punitive damages, also known as exemplary damages, can be awarded, but they are not automatic. These damages are intended to punish the defendant for particularly reckless, egregious, or malicious behavior and to deter similar conduct in the future. The awarding of punitive damages is subject to specific legal standards, and claimants must present clear and convincing evidence of the defendant's gross negligence or willful misconduct. The decision to grant punitive damages rests with the court or jury and is made in addition to compensatory damages that cover economic and non-economic losses.

In a wrongful death case, the burden of proof falls on the plaintiff, who must establish the defendant's liability for the deceased's death by a "preponderance of the evidence." This legal standard is lower than the "beyond a reasonable doubt" requirement used in criminal cases. To meet this burden, the plaintiff must show that it is more likely than not that the defendant's negligence or wrongful actions directly caused the death. Essentially, the evidence presented by the plaintiff must tip the balance in favor of their claims, convincingly demonstrating that the defendant's conduct resulted in the loss of life and justifying the claim for damages. This involves proving elements such as duty of care, breach of duty, causation, and damages.