Wrongful Death

Wrongful Death Attorneys in El Paso

As experienced personal injury lawyers, Rios, Parada & Seañez know car accidents, truck accidents, and other incidents that cause injury can also lead to wrongful death. Losing a loved one is a difficult life event, but losing them due to the negligence or carelessness of someone else can be devastating and disorienting.

Call our law offices today at (915) 532-2333 to get the compassionate help you deserve.

What is Wrongful Death in Texas?

The Texas Statutes Section 71.001 states that an action leading to wrongful death may be brought forward if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party leads to and causes the death of another.

Wrongful Death Cases Are Not Easy But Are Worth the Legal Process

In Texas, as in many states, a wrongful death case begins when an individual passes away as a direct result of someone else’s negligence, carelessness, or intent to harm. If you suspect your child, spouse, parent, or loved one has been killed due to the negligence of someone else, contact a wrongful death lawyer as soon as possible. These cases are complicated and require the attention and expertise of a professional who understands the law and is able to help you get fair compensation. 

We understand that these cases are wrought with personal and emotional chaos, and it’s why we aim to provide our clients with compassionate and effective legal counsel to help them through a difficult time. As your wrongful death attorney, we are here to hold the responsible person or entity accountable for the tremendous pain and hardship they have caused in your life.

A wrongful death claim may result from a variety of circumstances:

Filing a Wrongful Death Claim

If you have lost a loved one due to someone’s negligence, there are a few things you should know when considering filing a wrongful death claim. For one, only certain parties are allowed to bring a wrongful death claim forward. Close friends or distant relatives don’t often qualify for these types of lawsuits.

In Texas, a surviving spouse, children, or parents can file a wrongful death suit. An adoptive child can also file for the untimely death of an adoptive parent if they have been legally adopted. Texas does not allow siblings to file this type of lawsuit.

Types of Damages Sought With a Wrongful Death Claim

Having someone torn out of your life comes with various levels of complications. The impact reaches into many aspects of our lives, and the law allows you to sue for different types of damages. A person can seek damages for:

Consultation From Our Personal Injury Lawyers

The Law Offices of Rios, Parada & Seañez offer consultations for personal injury cases, and we are ready to get started on yours. As your wrongful death attorney, we will investigate every aspect of the case and stand up for your family. If you suspect your loved one died due to the negligence of a company, organization, or another driver, give us a call AS SOON AS POSSIBLE. The statute of limitations on wrongful death cases in Texas is two years. During your first consultation, we will discuss several key details of the case:

Why Choose Rios, Parada & Seañez?

During this incredibly difficult time, you deserve a team that will handle the legal battle so you can focus on your own well-being. The last thing a grieving family should have to worry about is navigating the legal system alone. Our attorneys take on the full burden of your wrongful death case, including investigating, building, and fighting your claim from start to finish. You can remain focused on your family and your healing.

Frequently Asked Questions

Under Texas law, a wrongful death claim may be filed by the surviving spouse, children, or parents of the deceased. If none of these family members file a claim within three months of the death, the executor or administrator of the deceased's estate may file on behalf of the estate. If you are unsure whether you have standing to bring a wrongful death claim, our attorneys can advise you during a free phone consultation.

A wrongful death claim is brought by surviving family members to recover damages they have personally suffered as a result of their loved one's death, such as lost financial support and loss of companionship. A survival claim, by contrast, is brought on behalf of the deceased person's estate and seeks to recover damages the deceased would have been entitled to had they survived. This may include their pain and suffering before death and any medical expenses incurred. In many cases, both types of claims can be pursued simultaneously, and our attorneys will ensure all available avenues are explored.

To succeed in a wrongful death claim, you must establish that another party's negligence or wrongful act caused your loved one's death, that you are a qualifying surviving family member, and that you have suffered measurable damages as a result. Our attorneys will investigate the circumstances of your loved one's death, gather evidence, identify all liable parties, and build a case that meets this legal standard.

Surviving family members may be entitled to compensation for the loss of the deceased's financial contributions and future earning capacity; loss of companionship, care, and emotional support; mental anguish and grief suffered by surviving family members; medical expenses incurred before death; and funeral and burial costs. In cases involving particularly egregious conduct, punitive damages may also be available. Our attorneys will evaluate every category of loss your family has suffered.

Texas law generally allows two years from the date of death to file a wrongful death lawsuit. Missing this deadline will almost certainly bar your family from recovering any compensation, regardless of how strong your case may be. We strongly encourage you to contact an attorney as soon as possible, not only to protect your legal rights but to ensure critical evidence is preserved before it is lost.

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Contact a Trusted Wrongful Death Attorney

It is important to hold parties accountable for negligence. If a company, organization, or another person caused the death of your loved one, contact an attorney who can help you get the compensation you deserve. No settlement will ever bring someone back, but fighting for justice can help alleviate some of the financial strain.

Call us at (915) 532-2333 or visit us at our downtown office at 1505 E Missouri Avenue, El Paso, TX.