Compassionate Legal Representation for Families Who Have Lost Loved Ones in El Paso and West Texas
Losing someone you love is devastating. When that loss results from another person’s negligence, recklessness, or intentional misconduct, the grief is compounded by anger, confusion, and a sense of profound injustice. No legal action can bring your loved one back, but holding responsible parties accountable can provide a measure of justice and the financial security your family needs to move forward.
If you lost a spouse, parent, child, or other family member due to someone else’s wrongful conduct, Texas law gives you the right to seek compensation through a wrongful death claim. These cases are emotionally difficult and legally complex, requiring an attorney who combines compassion with experience.
At DJC Law, our El Paso wrongful death attorneys understand the profound loss your family is experiencing. We handle these sensitive cases with the care they deserve while fighting aggressively to hold negligent parties accountable. We’re here to guide you through this difficult process and pursue the justice your loved one deserves.
Contact us today for a free, confidential consultation. We’ll listen to your story, explain your legal options, and help you understand what steps to take next.
Understanding Wrongful Death Claims in Texas
A wrongful death claim is a civil lawsuit brought by surviving family members when someone dies due to another party’s negligence, recklessness, or intentional conduct. These claims are separate from any criminal charges that might be filed—you can pursue a wrongful death case even if no criminal prosecution occurs, and the outcome of a criminal case doesn’t determine your civil claim.
Texas wrongful death law is governed by the Texas Civil Practice and Remedies Code, which establishes who can file a claim, what damages are available, and the deadlines for taking action. Understanding these rules is essential to protecting your family’s rights.
The purpose of a wrongful death claim is twofold: to compensate surviving family members for their losses, and to hold wrongdoers accountable for the harm they’ve caused. While no amount of money can replace your loved one, a successful claim can provide financial security and a sense of justice during an incredibly difficult time.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who can bring a wrongful death lawsuit. Only specific family members have the legal standing to file a claim:
Surviving spouse: The deceased’s husband or wife at the time of death has the right to file a wrongful death claim.
Children: Both biological and legally adopted children of the deceased can file, regardless of age. This includes adult children.
Parents: The deceased’s biological or adoptive parents can bring a wrongful death claim.
These family members can file individually or together. When multiple eligible family members exist, they may file a joint lawsuit or separate claims, though courts generally prefer consolidated actions to ensure consistent outcomes.
Important limitations: Siblings, grandparents, aunts, uncles, and other extended family members cannot file wrongful death claims under Texas law, regardless of how close they were to the deceased. Unmarried partners, including long-term domestic partners, also lack standing to file.
If no eligible family members file a wrongful death claim within three months of the death, the personal representative of the deceased’s estate may file on the family’s behalf—unless the eligible family members specifically request that no action be taken.
Wrongful Death vs. Survival Actions
Texas recognizes two distinct types of claims when someone dies due to another’s wrongful conduct. Understanding the difference is important because each addresses different losses.
Wrongful Death Claims
Wrongful death claims compensate surviving family members for their own losses resulting from their loved one’s death. These damages focus on what the survivors have lost—companionship, financial support, guidance, and more.
Survival Actions
Survival actions are brought on behalf of the deceased’s estate and recover damages the deceased person could have claimed had they survived. These include pain and suffering the deceased experienced before death, medical expenses incurred before death, lost wages from the time of injury until death, and other damages personal to the deceased.
Both claims can be pursued simultaneously, and many wrongful death cases include both types of damages. Our attorneys evaluate every case to identify all available claims and maximize your family’s total recovery.
Why Families Trust DJC Law
Choosing an attorney for a wrongful death case is deeply personal. You need someone who combines legal expertise with genuine compassion. Here’s what sets our firm apart.
Compassionate, Personalized Attention
We understand that you’re grieving. We handle every case with sensitivity, taking time to listen to your story and understand your loved one’s life. You’re not just a case number to us—you’re a family seeking justice.
No Fee Unless We Win
We handle wrongful death cases on contingency. You pay nothing upfront and owe us nothing unless we successfully recover compensation for your family. This allows you to pursue justice without financial risk during an already difficult time.
Thorough Investigation
We investigate every wrongful death case thoroughly, working to uncover exactly what happened and who bears responsibility. We consult with experts, gather evidence, and build the strongest possible case for your family.
Aggressive Advocacy
While we treat families with compassion, we treat negligent defendants and their insurers with determination. We fight aggressively to hold wrongdoers accountable and secure maximum compensation for your family’s losses.
Common Causes of Wrongful Death
Wrongful death claims arise from many different circumstances. Any situation where negligence, recklessness, or intentional misconduct causes a fatal injury may give rise to a claim. Common causes include:
Motor vehicle accidents: Car crashes, truck accidents, motorcycle collisions, pedestrian accidents, and bicycle accidents caused by negligent drivers.
Workplace accidents: Fatal injuries on construction sites, in industrial facilities, and in other dangerous work environments.
Medical malpractice: Deaths caused by misdiagnosis, surgical errors, medication mistakes, birth injuries, and other healthcare negligence.
Defective products: Fatal injuries caused by dangerous or defective vehicles, machinery, medical devices, medications, or consumer products.
Premises liability: Deaths resulting from dangerous property conditions, including falls, drownings, fires, and inadequate security.
Nursing home abuse and neglect: Deaths of elderly residents due to abuse, neglect, falls, medication errors, or infections.
Criminal acts: Homicides and other violent crimes may give rise to civil wrongful death claims against perpetrators and potentially against third parties who failed to provide adequate security.
Drunk driving: Fatal crashes caused by intoxicated drivers, with potential claims against both the driver and establishments that over-served them under Texas dram shop laws.
Whatever the cause, if your loved one’s death resulted from another party’s wrongful conduct, your family may have a valid claim.
Compensation in Wrongful Death Cases
Texas law allows surviving family members to recover both economic and non-economic damages in wrongful death cases. The specific damages available depend on your relationship to the deceased and the circumstances of the death.
Economic Damages
Economic damages compensate for the financial losses caused by your loved one’s death:
- Loss of financial support: The income and benefits your loved one would have provided to the family over their expected lifetime
- Loss of inheritance: The savings and assets your loved one would have accumulated and passed on to heirs
- Loss of household services: The value of services your loved one provided, such as childcare, home maintenance, and other contributions
- Funeral and burial expenses: Costs associated with laying your loved one to rest
- Medical expenses: Bills incurred for treatment of the injury or illness that led to death (typically recovered through a survival action)
Non-Economic Damages
Non-economic damages address the profound personal losses that can’t be measured in dollars:
- Loss of companionship and society: The loss of your loved one’s presence, comfort, and company
- Loss of love and affection: The emotional bond you shared with the deceased
- Loss of guidance and counsel: Particularly significant when a parent dies, leaving children without parental guidance
- Loss of nurture and care: The comfort and support your loved one provided
- Mental anguish: The emotional pain and suffering experienced by surviving family members
- Loss of consortium: For surviving spouses, the loss of intimate partnership and marital relationship
Exemplary (Punitive) Damages
In cases involving gross negligence, willful misconduct, or intentional harm, Texas law may allow exemplary damages—also called punitive damages. These are designed to punish the wrongdoer and deter similar conduct in the future. Punitive damages are not available in every case but may significantly increase recovery in appropriate circumstances.
Calculating Damages in Wrongful Death Cases
Determining the value of a wrongful death case is complex and requires careful analysis of many factors. Our attorneys work with economists, actuaries, and other experts to calculate the full extent of your family’s losses.
For economic damages, we consider your loved one’s age, health, education, occupation, earning history, expected career trajectory, retirement benefits, and life expectancy. We calculate what they would have earned and provided to the family over their remaining lifetime.
For non-economic damages, we document the nature of your relationships, the role your loved one played in the family, and the profound impact their loss has had on each surviving family member. While these losses can’t be quantified the same way as economic damages, they are equally real and equally deserving of compensation.
Every wrongful death case is unique. The value depends on the specific circumstances of your loss, and we work to ensure your family receives full and fair compensation.
Who Can Be Held Liable?
Wrongful death claims can be brought against any party whose negligence, recklessness, or intentional misconduct caused or contributed to your loved one’s death. Potentially liable parties include:
Individual wrongdoers: Negligent drivers, violent criminals, careless property owners, and others whose personal conduct caused the death.
Employers: Companies can be held liable for their employees’ negligent acts committed within the scope of employment, such as trucking companies responsible for their drivers.
Product manufacturers: Companies that design, manufacture, or sell defective products that cause fatal injuries.
Property owners: Those responsible for dangerous conditions on their property that lead to fatal accidents.
Healthcare providers: Doctors, nurses, hospitals, and other medical professionals whose negligence causes patient deaths.
Government entities: In some circumstances, government agencies can be held liable for wrongful deaths, though special rules and limitations apply.
Bars and restaurants: Under Texas dram shop laws, establishments that serve alcohol to visibly intoxicated customers can be held liable if that person causes a fatal drunk driving accident.
Our attorneys investigate every potential source of liability to ensure all responsible parties are held accountable.
The Wrongful Death Claims Process
Pursuing a wrongful death claim involves several stages. While every case is different, the general process includes:
Investigation: We thoroughly investigate the circumstances of your loved one’s death, gathering evidence, interviewing witnesses, consulting experts, and identifying all responsible parties.
Claim filing: We prepare and file the wrongful death lawsuit on behalf of eligible family members, formally initiating the legal process.
Discovery: Both sides exchange information, take depositions, and gather evidence to support their positions.
Expert consultation: We work with medical experts, accident reconstructionists, economists, and other specialists to prove liability and damages.
Negotiation: Many wrongful death cases settle through negotiation. We fight for a fair settlement that fully compensates your family’s losses.
Trial: If the defendant won’t offer fair compensation, we’re fully prepared to present your case to a jury and fight for the verdict your family deserves.
Throughout this process, we keep you informed, answer your questions, and provide the support you need during this difficult time.
Time Limits for Filing
Texas law imposes strict deadlines for filing wrongful death claims. In most cases, you have two years from the date of death to file a lawsuit. Missing this deadline typically means losing your right to pursue compensation forever.
Some situations may affect this deadline:
Claims against government entities often have much shorter notice requirements—sometimes as little as six months. If your loved one’s death involved a government vehicle, public property, or government employee, contact an attorney immediately.
Discovery rule: In rare cases where the cause of death wasn’t immediately apparent, the deadline may be extended until the cause was discovered or reasonably should have been discovered.
Criminal proceedings: Don’t wait for criminal charges or trials to conclude before pursuing your civil claim. The two-year deadline runs from the date of death regardless of any criminal case.
Because of these strict deadlines, we strongly encourage families to consult with an attorney as soon as possible after losing a loved one to someone else’s wrongful conduct.
Wrongful Death and Criminal Cases
When a death results from criminal conduct—such as drunk driving, assault, or homicide—both criminal charges and civil wrongful death claims may arise. These are separate proceedings with important differences.
Different burden of proof: Criminal cases require proof “beyond a reasonable doubt.” Civil wrongful death cases only require a “preponderance of the evidence”—meaning it’s more likely than not that the defendant is responsible. This lower standard makes civil claims easier to prove.
Different outcomes: Criminal cases can result in imprisonment but don’t directly compensate victims’ families. Wrongful death claims focus on financial compensation for survivors.
Independent proceedings: You can pursue a wrongful death claim even if no criminal charges are filed, charges are dropped, or the defendant is acquitted. A not-guilty verdict in criminal court doesn’t prevent you from winning a civil case.
If your loved one’s death involved criminal conduct, our attorneys can coordinate with prosecutors while pursuing your family’s civil claim.
Distribution of Wrongful Death Damages
When multiple family members are entitled to wrongful death damages, questions arise about how the recovery should be divided. Texas law provides guidance, but these situations can become complicated.
If family members file a joint claim, they may agree among themselves how to divide any recovery. If they cannot agree, the court will determine a fair distribution based on each family member’s individual losses.
Damages are distributed based on each beneficiary’s relationship to the deceased and their specific losses. For example, a surviving spouse might receive compensation for loss of consortium, while children might receive damages for loss of parental guidance—each reflecting their unique loss.
Our attorneys help families navigate these sensitive issues and work toward fair outcomes for all eligible beneficiaries.
How Our El Paso Wrongful Death Lawyers Help
Wrongful death cases require an attorney who combines legal expertise with compassion and sensitivity. Our team handles every aspect of your claim so you can focus on your family during this difficult time.
We investigate your loved one’s death thoroughly, gathering evidence, consulting with experts, and determining exactly what happened and who bears responsibility. We handle all communication with insurance companies, defendants, and their attorneys.
We work with economists and other experts to calculate the full value of your family’s losses—both economic and non-economic. We fight aggressively to hold all responsible parties accountable and secure maximum compensation.
Throughout the process, we treat you with the respect and compassion you deserve. We understand that no legal outcome can undo your loss, but we’re committed to helping your family find justice and financial security.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Texas?
Generally, you have two years from the date of death to file a wrongful death lawsuit. Claims against government entities may have shorter notice deadlines. Contact an attorney as soon as possible to ensure you don’t miss any critical deadlines.
Can I file a wrongful death claim if my loved one was partially at fault?
Yes. Texas follows modified comparative negligence rules. You can recover compensation as long as your loved one was not more than 50% responsible for the incident that caused their death. The recovery may be reduced by their percentage of fault.
What if no criminal charges were filed?
You can pursue a wrongful death claim regardless of whether criminal charges are filed. Civil cases have a lower burden of proof than criminal cases, and many wrongful death claims succeed even without criminal prosecution.
How much does it cost to hire a wrongful death attorney?
Nothing upfront. We work on contingency, meaning we only get paid if we recover compensation for your family. This allows you to pursue justice without financial risk.
Can siblings or grandparents file a wrongful death claim?
No. Under Texas law, only the surviving spouse, children, and parents of the deceased can file a wrongful death claim. Other family members, regardless of how close they were to the deceased, cannot bring these claims.
How long does a wrongful death case take?
Every case is different. Some cases settle within months, while others—particularly those involving complex liability issues or defendants who refuse to offer fair compensation—may take a year or more to resolve. We work to achieve the best outcome as efficiently as possible while never sacrificing quality for speed.
Contact Our El Paso Wrongful Death Attorneys Today
Losing a loved one to someone else’s wrongful conduct is devastating. While nothing can undo that loss, pursuing a wrongful death claim can provide your family with justice, accountability, and the financial security you need to move forward.
At DJC Law, our El Paso wrongful death lawyers combine compassion with aggressive advocacy. We’ll treat your family with the sensitivity you deserve while fighting relentlessly to hold responsible parties accountable.
Contact us today for a free, confidential consultation. We’ll listen to your story, explain your options, and help you take the first step toward justice for your loved one. You don’t have to face this alone.
