If a child, parent, or spouse has died because of negligence, you need an experienced El Paso wrongful death attorney. An attorney will help you evaluate your legal options, which may include filing a wrongful death lawsuit.
Under Texas law, certain surviving family members may seek justice for the deaths of their loved ones.
When your loved one dies due to the negligence or wrongful actions of another, you may bring what is called a wrongful death action.
If you have questions about bringing this type of legal action, it may be time to begin searching for a wrongful death attorney in El Paso.
The El Paso wrongful death lawyers at Grossman Law Offices are standing by and ready to help you with your legal claim. Contact us today for a free case evaluation to see what we can do for you.
The Highest Calling for Our El Paso Wrongful Death Lawyers Is to Support You After the Loss of a Loved One
Most of our clients come to us in some of the most difficult times in their lives.
If you have recently lost a family member due to the actions of another, we know how emotional and painful this time must be for you.
We also know that during this time, you will need more than just an attorney to help you with your legal claims.
You will also need someone who will be there to support you as you work through the loss of your loved one. At Grossman Law Offices, we pride ourselves on being able to provide you with precisely this support.
We have been helping families of victims for decades through the worst times in their lives.
During that time, we have helped clients with making funeral arrangements, finding grief counselors, and any other services we can to help you through this process.
Wrongful Death Lawsuits Are More About Acknowledgement and Accountability Than They Are About Money
When you’ve lost a family member, bringing a lawsuit can be the last thing on your mind. Because no amount of money will bring your loved one back, people often don’t see any point in bringing a civil action.
However, wrongful death lawsuits do have a purpose. And that purpose is often about more than just the money.
Sure, it is true that a successful wrongful death action may result in financial compensation. But more than that, a wrongful death action provides opportunities for accountability, closure, and change.
By bringing a wrongful death lawsuit, you can help hold the at-fault party accountable for the death of your loved one.
Further, this may encourage bad actors to make serious changes that can ultimately create a safer world. All of this in turn may help provide you with some closure in the aftermath of the death of your loved one.
Wrongful Deaths Are Commonly (and Mistakenly) Referred to as “Accidental” Deaths
Referring to wrongful deaths as “accidental” deaths is a mischaracterization of what wrongful deaths are.
Describing a wrongful death as merely accidental implies that there is no one to hold accountable for your loved one’s death, but this is not the case.
Under Texas Statute section 71.002, a wrongful death occurs where a person’s “wrongful act, neglect, carelessness, unskillfulness, or default” causes another person’s death.
When a person commits a wrongful act or is careless or reckless in their actions, this is not an accident. Rather, this means that someone has failed to act as a reasonable person would have under similar situations.
When this leads to someone’s death, which could have been avoided with reasonable care, it is a mistake to categorize this as an accidental death.
This may seem like a small distinction to make, but at Grossman Law Offices, we think it is important to note the difference.
When your loved one dies due to the actions of another, and their death could have been prevented, it should be classified as a wrongful death. We will fight for the justice that you and your loved one deserve.
What Are Common Incidents That Result in Wrongful Deaths in El Paso?
While we wish it weren’t the case, wrongful deaths occur all too often. In fact, they can occur in nearly any setting at any time.
Some of the most common causes of wrongful death actions include:
- Car accidents,
- Commercial trucking accidents,
- Bicycle accidents,
- Medical malpractice,
- Criminal assault,
- Nursing home neglect,
- Slip and fall accidents,
- Workplace accidents,
- Dangerous premises, and
- Defective products.
Regardless of how, where, or when your loved one’s death occurred, you should consider contacting a wrongful death lawyer in El Paso to help you assess your case. Wrongful death lawsuits can be difficult to prove.
But with the right El Paso wrongful death lawyer in your corner, you can fight to get the accountability and compensation you need and deserve.
What Do Wrongful Death Attorneys Have to Prove to Win My Case?
In most wrongful death actions, you must be able to prove negligence. The elements of a Texas negligence claim are:
- Causation, and
Thus, your El Paso wrongful death lawyer must be able to prove all four elements to win your case.
First, you must be able to prove that a legal duty existed. Essentially, your attorney must be able to prove that the opposing party had a legal duty to act in a reasonable manner under the circumstances.
Second, you must be able to prove that the opposing party breached that duty to act reasonably.
Your attorney does not need to prove that the at-fault party intentionally caused the death of your loved one. Rather, they must only prove that they acted carelessly or recklessly under the circumstances.
Third, your attorney will need to prove that the at-fault party’s careless actions caused the death of your loved one.
Sometimes, a causal link between the wrongful act and your loved one’s death can be the most difficult element to prove.
Lastly, you must be able to prove that actual damages exist. Your attorney will need to provide information showing that you suffered harm as a result of your loved one’s death.
To win your wrongful death case, you must be able to prove all four elements of your negligence claim.
Thus, it is crucial to have an experienced El Paso wrongful death lawyer in your corner with the resources available to help you prove your claim.
Do Wrongful Death Cases Often End Up at Trial?
More often than not, wrongful death cases will reach some sort of out-of-court settlement.
In fact, some estimate that as high as 95% of civil lawsuits will end in a pre-trial settlement. However, the fact remains that there is always a chance that your case may end up at trial.
In the event your case does not end in a settlement, it is imperative to have a wrongful death attorney in El Paso with tried and true trial experience.
The team of attorneys at Grossman Law Offices has a history of success taking cases to trial. In many cases, settlement is absolutely a viable option. However, we know that not all cases can be resolved with an out-of-court settlement.
We will settle your case only if that is what is in your best interest. But we are not afraid to take your case to court if that is what it takes to get you the outcome you are entitled to.
What Family Members Can Bring a Wrongful Death Claim in Texas?
Under Texas law, only certain people can benefit from bringing a wrongful death claim. The only people that may bring an action to recover damages in a wrongful death lawsuit are:
- The surviving spouse of the deceased;
- Children of the deceased; and
- Parents of the deceased.
This means that friends of the deceased cannot bring such an action. In fact, even certain family members, such as siblings or grandparents, cannot bring an action under Texas wrongful death laws.
If you are the surviving spouse, child, or parent of someone who has died due to the wrongful actions of another person, contact our team today.
We will be happy to discuss your case with you and see whether you may have an actionable wrongful death claim.
What Are the Damages That are Claimed in a Wrongful Death Action?
Legal damages refer to the sum of money you may be entitled to recover due to the actions of another party. Damages in a wrongful death action might include compensation for:
- Lost earning capacity of the deceased;
- Loss of any inheritance or benefits you may have been entitled to had your loved one survived;
- Loss of companionship, comfort, and love of your loved one; and
- Your own emotional pain and suffering due to the death of your loved one.
Of course, no amount of money will bring back the loved one you lost. However, receiving monetary compensation can help you get through this difficult time.
The El Paso wrongful death lawyers at Grossman Law Offices can help you assess your damages and determine what you may ultimately be entitled to recover.
What Is the Statute of Limitations for Bringing a Wrongful Death Claim in Texas?
A statute of limitations is essentially the legal timeframe in which you must bring your legal claim. The statute of limitations varies from state to state and from legal issue to legal issue.
In Texas, the statute of limitations for bringing a wrongful death action is two years. This means that you must file your wrongful death lawsuit within two years after the date of your loved one’s death.
Failure to do so can result in losing any compensation whatsoever that you may have otherwise been entitled to.
Thus, time is of the essence. Make sure to contact a wrongful death lawyer in El Paso as soon as possible to discuss your case before time runs out.
What Evidence Will Be Used by the Defendant to Try to Skirt Liability in a Wrongful Death Case?
A wrongful death case will often come down to which party has the evidence available to prove their claim.
This means that the defendant will do whatever they can to prove that they were not at fault and that their actions did not cause the death of your loved one.
Examples of evidence they may try to use in an effort to avoid liability could include:
- Eyewitness testimony,
- Your own statements, and
- Police reports, where available.
The defendant may try to use these types of evidence against you. However, your El Paso wrongful death lawyer will help you gather evidence and use it to your advantage.
Deaths Caused by Vehicular Accidents in El Paso
One of the most common causes of wrongful death in El Paso is motor vehicle accidents.
Below are some statistics on vehicular-related deaths in El Paso:
- 27% of all accident fatalities happened on I-10;
- Almost one-half of the crash fatalities in El Paso involved a pedestrian;
- DUI was the leading cause of fatal accidents in El Paso, accounting for more than 30% of deaths;
- One-third of fatal crashes in El Paso had at least one vehicle traveling at more than 60 mph; and
- 10% of fatal accidents involved a motorcyclist.
If your loved one’s death arose out of any of the above scenarios, you may have an actionable wrongful death claim.
Don’t hesitate to reach out to our team to discuss your case and see what steps you need to take to move forward.
I Lost a Loved One and the Cause of Death Doesn’t Make Sense—Will an El Paso Wrongful Death Lawyer Help Investigate and Get Answers?
Absolutely. Our job is to do the leg work and heavy lifting on your wrongful death case so that you don’t have to.
At Grossman Law Offices, our skilled wrongful death attorneys have decades of experience helping family members of deceased victims with their legal dilemmas.
Additionally, we have countless resources at our fingertips that will allow us to investigate your claim and get the answers you need to support it.
Is Grossman Law Able to Help Me Even Though Your Office Isn’t Located in El Paso?
Yes! While we do not have a physical office location in El Paso, we regularly help clients throughout the state of Texas.
We are able to handle all aspects of a case remotely, so don’t let distance prevent you from getting the representation you need and deserve. You can contact us by email, phone, or directly on our website to get started.
Will I Have to Hire Grossman Law’s Wrongful Death Attorneys If I Get a Free Consultation?
Not at all. We offer free consultations to potential clients, but that in no way obligates you to move forward with us.
While we would love the opportunity to help you with your legal dilemma, we know that choosing the right attorney for you and your needs is no easy task.
Feel free to browse our website and research other El Paso wrongful death lawyers as well.
If and when you are ready to move forward with our team, we will be standing by and ready to help.
What Information Do I Need to Have Ready Before I Call an El Paso Wrongful Death Attorney?
If you are ready to discuss your case with an attorney, contact our team today. You should be ready to discuss the facts of your case, but you won’t need much more than that.
We are happy to answer any questions you may have so that we can make this process as simple as possible.
At Grossman Law Offices, we have been helping families in need for decades, and we hope we can do the same for you. Contact us today for your free consultation to discuss your case learn how we can help.