Top El Paso Wrongful Death Attorneys Near You | Trusted Legal Help

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This article is all about the Wrongful Death Attorney in El Paso, We will be also sharing information on what is wrongful death attorney, How to claim your compensation, What is an attorney, and how to find the best attorney in El Paso. We will be also sharing step by step process on how to file a wrongful death case. So read this article till the very end.

What Is Wrongful Death & Its Lawsuit?

Wrongful Death also known as accidental or intentional death is an event when someone kills another person due to recklessness, negligence, or intensional actions. The common examples are accidents, Wrong exercises, Product or safety failure, and many more.

To protect the rights of people all us states have a law of Wrongful death, The family member or eligible person can file the case and get the compensation. The lawyers of this special lawsuit are called “Attorneys”. We have shared detailed information on the same below.

Wrongful Death Attorney in El Paso

A wrongful Death Attorney is a professional lawyer with having master’s and specialization in the field of Wrongful Death. Wrongful death is a very big topic, so to get more information on it, This attorney can be helpful. We can consult with them and get an idea about how things work and what will be the details you need to file the case.

They can also be very helpful with the lawsuit and all the local-level management you need to speed up your case. Ahead in this article, we have shared information on how to find the best attorney and other points.

Wrongful Death Laws in Texas (El Paso)

The following statutes and acts outline the rights of surviving family members in Texas wrongful death cases:

Texas Wrongful Death Act (Chapter 71, Texas Civil Practice and Remedies Code)

• This act governs who can file a wrongful death lawsuit in Texas and the types of damages that can be claimed.
• Eligible family members include spouses, children (biological and adopted), and parents. Siblings are not permitted to file under this act.
• The act allows claims for both economic and non-economic damages, including loss of companionship, financial support, and emotional distress.

Survival Statute (Texas Civil Practice and Remedies Code, Section 71.021)

• This law allows the deceased person’s estate to recover damages that the deceased could have claimed had they survived.
• Damages may include medical bills, lost wages, and pain and suffering experienced before death.

Comparative Negligence in Texas (Section 33.001, Texas Civil Practice and Remedies Code)

• Texas follows a modified comparative negligence rule, which means the deceased’s family can recover damages as long as the deceased was less than 51% at fault.
• If the deceased is found partially at fault, the compensation is reduced by their percentage of responsibility.

Federal Employers’ Liability Act (FELA)

• If a wrongful death occurs in a railway workplace, federal laws like FELA apply. FELA provides compensation to railroad workers injured or killed on the job due to employer negligence.

Occupational Safety and Health Act (OSHA)

• For workplace-related wrongful deaths, OSHA regulations may provide insights into whether safety standards were violated, which could bolster a wrongful death claim.

Read Also – Dallas, TX Wrongful Death Attorney – Best Wrongful Death Attorney Near Dallas

Critical Wrongful Death Claim Details in El Paso (Texas)

Texas Is a “Fault” State

Texas operates under a fault-based system for personal injury and wrongful death claims. This means the at-fault party (or their insurance) is financially responsible for damages caused by their negligence. In contrast, some states follow a no-fault system where victims rely on their own insurance for compensation.

Minimum Insurance Requirements in Texas

In cases involving vehicular accidents leading to wrongful death, the at-fault driver must have at least the following insurance coverage:

• $30,000 for bodily injury per person.
• $60,000 for bodily injury per accident.
• $25,000 for property damage.

However, these minimums are often insufficient to cover the damages in wrongful death cases, especially when multiple parties are affected. Victims’ families may pursue additional compensation through personal assets of the at-fault party or an umbrella insurance policy.

Comparative Negligence in Texas

Texas follows the modified comparative negligence rule, which allows compensation if the deceased was less than 51% at fault for the incident. If the deceased was partially responsible, the compensation is reduced by their percentage of fault. For example:

• If the deceased was 20% at fault, the family could recover 80% of the damages.
• If the deceased was 51% or more at fault, the family cannot recover damages.

Statute of Limitations

Under Texas law, families have two years from the date of death to file a wrongful death lawsuit. Exceptions may apply in certain cases, such as:

• Discovery of negligence after the fact.
• Cases involving minors.

Who File Wrongful Death Lawsuit in 2024?

• Spouse of the Deceased: The surviving spouse of the deceased has the primary right to file a wrongful death claim.
• Children of the Deceased: If the deceased had children, they may also be eligible to file a wrongful death lawsuit. This includes biological children, as well as adopted children, who can claim damages for their loss and suffering.
• Parents of the Deceased: In cases where the deceased was a minor or did not have a spouse or children, the parents can file a lawsuit.
• Personal Representative of the Estate: If the deceased’s estate has a personal representative then they can also file the wrongful death case.

What Are the Major Benefits & Compensation allowed in El Paso?

• Economic Damages: These cover tangible financial losses resulting from the deceased’s death. This includes medical expenses incurred before death, funeral and burial costs, and loss of financial support.
• Non-Economic Damages: Non-economic damages address the emotional and intangible losses experienced by the surviving family members. This can include compensation for loss of companionship, emotional distress, pain, and suffering.
• Punitive Damages: Awarded in cases where the defendant’s conduct was particularly obvious or reckless. Punitive damages are intended to punish the defendant and prevent similar behavior in the future.
• Survival Action Damages: These damages are followed by the deceased’s estate and cover the deceased’s pain and suffering from the time of injury until death.

Points To Remember While Hiring a Wrongful Death Attorney

• Local Legal Connections: An attorney with strong local connections, including relationships with expert witnesses and other legal professionals, can leverage these resources to strengthen your case and the legal process.
• Understanding of Emotional Impact: Ensure the attorney acknowledges and addresses the emotional aspects of a wrongful death case. They should offer not just legal guidance but also support in managing the emotional toll of the process.
• Fee Structure Clarity: Confirm the details of the attorney’s fee structure, including any contingency fees, hourly rates, or additional costs. Clear understanding prevents surprises and ensures you know how legal fees will be managed.
• Experience with Similar Cases: Look for an attorney with experience handling cases similar to yours in terms of circumstances and damages. Specific experience with similar wrongful death scenarios can be crucial for understanding your case.
• Professional Network: An attorney’s professional network, including connections with medical experts, forensic specialists, and other professionals, can provide valuable insights and support your case with expert testimony.

Geographical Insights: El Paso’s Unique Challenges

• Proximity to the Border:
  El Paso’s location near the U.S.-Mexico border often adds complexities to wrongful death cases, especially if the at-fault party resides or operates across the border. Navigating international laws and holding foreign entities accountable may require specialized legal expertise.
• Highway Accidents:
  El Paso has a dense network of highways, including Interstate 10, which is notorious for high-speed crashes. Many wrongful death claims stem from trucking accidents or multi-vehicle collisions along these busy routes.
• Workplace Hazards in Key Industries:
  Industries like warehousing and construction are significant employers in El Paso. Fatal workplace accidents often occur in these sectors, making workplace wrongful death claims a common concern for local families.
• Medical Facilities:
  While El Paso is home to several reputable hospitals, medical malpractice cases often arise from inadequate staffing or negligence in emergency care, particularly in underserved areas.

Case Studies of Wrongful Death in El Paso

Case Study 1: Fatal Car Accident on I-10

In 2021, a 37-year-old man tragically lost his life in a multi-vehicle collision on Interstate 10 near the Mesa Street exit. The investigation revealed that a distracted truck driver caused the accident. The victim’s family filed a wrongful death lawsuit against the trucking company and received a settlement that covered funeral costs, lost income, and emotional damages.

Case Study 2: Workplace Death at a Construction Site

A 29-year-old construction worker died in a scaffolding collapse at a downtown El Paso site. The family worked with a wrongful death attorney to hold the construction company accountable for failing to meet safety standards. The case highlighted the importance of workplace safety regulations in preventing tragic accidents.

Case Study 3: Medical Malpractice at a Local Hospital

A patient passed away due to a misdiagnosis at a prominent El Paso hospital. The wrongful death claim revealed that a series of medical errors led to the fatality. The case resulted in policy changes at the hospital and compensation for the grieving family.

Wrongful Death Case Study Sample in El Paso

Case Overview:

In El Paso, a wrongful death case involved a tragic accident where a young father, Carlos, died as a result of a truck driver’s negligence. Carlos was a 35-year-old construction worker who was driving home from work when his vehicle was struck by a commercial truck that ran a red light.

Evidence:

Police Reports: Detailed the driver’s impairment and the traffic violations.
Medical Records: Provided evidence of the fatal injuries sustained by Carlos.
Witness Testimonies: Included statements from other drivers who observed the truck running the red light and Carlos’s immediate family members who testified to the emotional and financial impact of his death.
Outcome: The case was settled out of court for $2.5 million. The settlement covered:

Impact:

The settlement provided financial relief to Carlos’s family, allowing them to cover immediate expenses and secure their financial future. It also brought a sense of justice and accountability for Carlos’s tragic death.

Always Consult Before Speaking with Insurance Companies

Before engaging with insurance companies regarding a wrongful death claim, it’s important to consult with a qualified attorney. Insurance companies often aim to minimize their payout and may use various tactics to undervalue your claim or even deny it outright.

An attorney can provide strategic advice on how to handle communications, ensure your rights are protected, and help you understand the full value of your claim. This consultation can prevent you from making statements or decisions that could weaken your case, ensuring that you receive the compensation you deserve while guiding the complexities of the legal process.

Simple Process of Filing Wrongful Death Lawsuit In El Paso

• Consult a Wrongful Death Attorney: Begin by meeting with an experienced wrongful death attorney in El Paso. You can also directly contact the top Wrongful Death Attorney in El Paso from this article.
• Gather Evidence and Documentation: Collect all relevant evidence, including medical records, police reports, witness statements, and any documentation related to the deceased’s financial and emotional impact.
• File a Complaint: Your attorney will draft and file a formal complaint with the appropriate court. This document outlines the allegations against the defendant and the damages you are seeking.
• Serve Legal Papers: After filing the complaint, the defendant must be officially notified through the service of process. This involves delivering copies of the legal documents to the defendant, ensuring they are aware of the lawsuit.
• Negotiate a Settlement: Your attorney may engage in negotiations with the defendant’s insurance company or legal team to settle. Settlements can expedite resolution and may be preferable to the uncertainties of a trial.
• Attend the Trial: If a settlement cannot be reached, the case will proceed to trial, During the trial, your attorney will present the case before a judge or jury. They will argue on your behalf, using evidence and testimony to support your claim and seek a favorable verdict.
• Receive the Judgment or Settlement: Once the trial concludes or a settlement is reached, you will receive the awarded compensation. Your attorney will assist in managing and distributing the funds according to the court’s order or settlement agreement.

Top Listing of Professional Wrongful Death Attorney in El Paso with Address

Wrongful Death Attorney in Sunset Heights

1. Name: Law Offices of Michael J. Gopin, PLLC
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Sunset Heights
   • Address: 1300 N El Paso St, El Paso, TX 79902
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 532-1111
   • Google Map Direction: Click Here
2. Name: Chavez Law Firm
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Sunset Heights
   • Address: 2101 N Stanton Street, El Paso, TX 79902
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 995-5777
   • Google Map Direction: Click Here
3. Name: Flores Mendez Law
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Sunset Heights
   • Address: 1013 E San Antonio Ave, El Paso, TX 79901
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 955-5164
   • Google Map Direction: Click Here

Wrongful Death Attorney in Kern Place

1. Name: Scherr Legate PLLC
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Kern Place
   • Address: 109 N Oregon St, 12th Floor, El Paso, TX 79901
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 544-0100
   • Google Map Direction: Click Here
2. Name: Law Office of Carlos Eduardo Cardenas, P.C.
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Kern Place
   • Address: 717 E San Antonio Ave, El Paso, TX 79901
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 544-7860
   • Google Map Direction: Click Here
3. Name: Law Firm of Daniela Labinoti, P.C.
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Kern Place
   • Address: 707 Myrtle Ave, El Paso, TX 79901
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 581-4600
   • Google Map Direction: Click Here

Wrongful Death Attorney in West Side

1. Name: Lovett Law Firm
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in West Side
   • Address: 619 Arizona Ave, El Paso, TX 79902
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 757-9999
   • Google Map Direction: Click Here
2. Name: Harmonson Law Firm
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in West Side
   • Address: 7170 Westwind Dr, El Paso, TX 79912
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 584-8777
   • Google Map Direction: Click Here
3. Name: Farah Law
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in West Side
   • Address: 1231 E Missouri Ave, El Paso, TX 79902
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 533-0880
   • Google Map Direction: Click Here

Wrongful Death Attorney in East Side

1. Name: Law Offices of Ruben Ortiz
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in East Side
   • Address: 1141 E Rio Grande Ave, El Paso, TX 79902
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 308-8850
   • Google Map Direction: Click Here

2. Name: Law Offices of Ruben Ortiz

• Rating: 4.8
• Skills: Wrongful Death Attorney in East Side
• Address: 1141 E Rio Grande Ave, El Paso, TX 79902
• Working Hours: 24 Hours
• Closed On: Open 24 Hours
• Contact: (915) 308-8850
• Google Map Direction: Click Here

3. Name: The J. D. Vance Law Firm

• Rating: 4.8
• Skills: Wrongful Death Attorney in East Side
• Address: 7413 Remcon Cir #105, El Paso, TX 79912
• Working Hours: 24 Hours
• Closed On: Open 24 Hours
• Contact: (915) 581-8900
• Google Map Direction: Click Here

Wrongful Death Attorney in Mission Valley

1. Name: The Herrera Law Firm
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Mission Valley
   • Address: 500 N Mesa St, El Paso, TX 79901
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 351-7800
   • Google Map Direction: Click Here
2. Name: Aranda Law Firm
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Mission Valley
   • Address: 2509 Montana Ave, El Paso, TX 79903
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 996-9914
   • Google Map Direction: Click Here
3. Name: Glasheen, Valles & Inderman Injury Lawyers
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Mission Valley
   • Address: 707 Myrtle Ave, El Paso, TX 79901
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 590-1900
   • Google Map Direction: Click Here

Wrongful Death Attorney in Upper Valley

1. Name: Villarreal & Begum Law Firm
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Upper Valley
   • Address: 10710 Gateway Blvd N Suite B6, El Paso, TX 79924
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 600-3100
   • Google Map Direction: Click Here
2. Name: Lovett Law Firm
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Upper Valley
   • Address: 619 Arizona Ave, El Paso, TX 79902
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 757-9999
   • Google Map Direction: Click Here
3. Name: Reynaldo Garza, PC
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Upper Valley
   • Address: 5827 N Mesa St #320, El Paso, TX 79912
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 532-2000
   • Google Map Direction: Click Here

Wrongful Death Attorney in Northeast

1. Name: Enriquez Law Firm
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Northeast
   • Address: 2410 N Piedras St, El Paso, TX 79930
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 351-4331
   • Google Map Direction: Click Here
2. Name: Gomez Law Firm
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Northeast
   • Address: 1200 Golden Key Cir, El Paso, TX 79925
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 845-1111
   • Google Map Direction: Click Here
3. Name: Ortega, McGlashan, Hicks Law Firm
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Northeast
   • Address: 609 Myrtle Ave, El Paso, TX 79901
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 542-1883
   • Google Map Direction: Click Here

Wrongful Death Attorney in Lower Valley

1. Name: Gamez Law Firm
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Lower Valley
   • Address: 500 E San Antonio Ave Suite B130, El Paso, TX 79901
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 543-9823
   • Google Map Direction: Click Here
2. Name: Anderson Injury Lawyers
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Lower Valley
   • Address: 2800 Montana Ave, El Paso, TX 79903
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 440-4444
   • Google Map Direction: Click Here
3. Name: Carabin Shaw Law Firm
   • Rating: 4.8
   • Skills: Wrongful Death Attorney in Lower Valley
   • Address: 1201 Montana Ave Suite 3, El Paso, TX 79902
   • Working Hours: 24 Hours
   • Closed On: Open 24 Hours
   • Contact: (915) 779-2301
   • Google Map Direction: Click Here

Top Frequently Asked Question Wrongful Death

Check More – Top Wrongful Death Attorney Near Austin | Wrongful Death Attorney in Austin with Address

Verdict

In the above article, We have shared information on the Wrongful Death Attorney in El Paso, We have also shared information on what is wrong with an attorney, How to file a wrongful case, and how to find the best attorney for your case. The article will teach you everything about wrongful death and how you can file a lawsuit on your own.

If you want to have an Attorney, then also we have shared a list of the top wrongful death attorneys in El Paso. Now what are you waiting for, file your case now, We will be back with another refreshing article, then bye.