El Paso Wrongful Death Lawyers

Wrongful Death Claim: The Basics

As found in Texas Civil Practice and Remedies Code Section 71.002, when an individual suffers an injury that results in death due to another’s wrongful act, neglect, carelessness, unskillfulness, or default, then their loved ones can file a wrongful death suit.

Essentially, in order to bring forth a successful wrongful death claim, you must prove that the party against whom you’re filing suit, or their agent (via the theory of vicarious liability) acted in a negligent and wrongful manner, and that the death of the decedent would not have occurred but for this negligent or wrongful act.

These criteria may apply to a number of different accident and situation types.

Our El Paso wrongful death lawyers have served the families of those who have been wrongfully killed in:

• Car accidents;
• Large truck accidents;
• Motorcycle accidents;
• Bicycle accidents;
• Pedestrian accidents;
• Slip and falls; and
• More.

If you believe that someone caused your loved one’s death due to negligence, please contact our law firm. We will review your claim for free and help you determine whether you have a case.

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Who Can File a Wrongful Death Lawsuit in Texas?

In Texas, the surviving spouse, children, or parents of the deceased can file a wrongful death action. This is stipulated in Texas Code Section 71.004.

One of the individuals listed above can bring forth the action for the benefit of all. The code continues to read that if none of the above–the spouse, children, or parents of the decedent–choose to bring forth a wrongful death claim, then the executor or administrator of the decedent’s estate maintains the right to bring forth the wrongful death action.

Understanding the Legal Process for a Wrongful Death Claim

If you’ve never been involved in a legal matter before, the idea of filing a wrongful death lawsuit can feel overwhelming. While every case is unique, most claims follow a general process that includes investigation, filing, negotiation, and, if necessary, trial. Our El Paso wrongful death lawyer guides families through each phase with compassion and clarity, making sure you understand what to expect and how we are working to protect your best interests.

Step 1: Investigation and Pre-Filing Preparation

Before a wrongful death lawsuit begins, a law firm must first conduct a thorough investigation into what happened.

At Tawney, Acosta & Chaparro P.C., our wrongful death attorney in El Paso will start by gathering critical evidence such as:

• Police or accident reports,
• Medical records,
• Surveillance footage or photos,
• Eyewitness statements, and
• Expert opinions (accident reconstruction, medical, and financial).

This information forms the foundation of the claim. It helps establish fault, prove damages, and determine whether to file a wrongful death claim, a survival action, or both.

Step 2: Filing the Lawsuit

Once the evidence is collected, your attorney will draft and file a civil complaint with the appropriate court. This document outlines the facts of the case, who is held responsible, and the compensation sought. In most cases, the defendant has a specified time to respond, after which litigation proceeds through the discovery process, possible mediation, and, if needed, trial.

Although litigation can feel intimidating, your El Paso wrongful death lawyer will handle everything for you, allowing your family to focus on healing while we focus on seeking justice.

Step 3: Negotiation or Litigation

Most wrongful death cases resolve through negotiated settlements. However, if the at-fault party refuses to offer fair compensation, your case may proceed to trial. Your lawyer will advocate for full accountability and financial justice throughout the process.

Pursuing a wrongful death claim is never easy, but understanding the path forward can help ease some of the emotional and logistical burden. Our El Paso wrongful death lawyers take pride in providing clear guidance, thorough case preparation, and relentless advocacy for families across El Paso.

While no amount of money can replace your loved one, a successful claim can bring a measure of justice and much-needed financial relief during an incredibly difficult time.

Damages Recoverable in a Wrongful Death Action

Filing a wrongful death action is both a legally-intensive process and extremely emotional for loved ones.

For this reason, understanding the types of damages that are recoverable in a wrongful death suit and their worth is recommended.

In Texas, the types of damages that are recoverable in a wrongful death suit include:

Economic Losses

Economic losses are the most common type of damages that are sought in a wrongful death suit.

These damages refer to actual economic losses suffered by the plaintiff(s), typically as a result of medical expenses incurred by the deceased prior to death, funeral and burial expenses, and the value of the decedent’s lost wages, benefits, and loss of earning capacity. A plaintiff maintains the right to seek the full value of economic losses.

Non-Economic Losses

Non-economic losses are more difficult to calculate, as these losses refer to the value of intangible losses suffered by the plaintiffs, such as the value of emotional anguish, loss of consortium, loss of comfort and care, and pain and suffering.

Exemplary Damages

Texas law allows for the recovery of exemplary damages, also known as punitive damages when the death of the individual is caused by the “willful act or omission or gross negligence” of the defendant.

Exemplary damages are not compensatory in nature; instead, they are intended to punish the defendant for their egregious action.

What Is the Average Settlement for a Wrongful Death Claim?

There is no reliable “average” settlement for a wrongful death case. Each claim is shaped by unique factors that impact the final amount. At Tawney, Acosta & Chaparro P.C., we carefully analyze the full picture before determining what constitutes a fair recovery.

Factors that influence settlement value include:

• Extent of financial losses. This includes lost income, medical expenses, funeral costs, and future earnings the deceased would have provided.
• Relationship to the deceased. Close familial relationships, such as a surviving spouse or child, often receive higher noneconomic damage awards.
• Strength of liability evidence. The clearer the fault, the stronger the claim.
• Insurance policy limits. A defendant’s available coverage may cap how much can realistically be recovered.
• Whether punitive damages apply. If the defendant’s conduct was grossly negligent or intentional, punitive damages may increase the award.

Settlements can range from tens of thousands to several million dollars, depending on these and other case-specific details.

The Statute of Limitations for Wrongful Death Actions in Texas

Those who believe that they may have a wrongful death action and want to file a lawsuit do not have an unlimited amount of time to do so.

Rather, wrongful death actions in Texas must be brought within two years of the individual’s death. If more than two years pass from the time of death, any potential plaintiffs are barred from recovery, with few exceptions. The strict statute of limitations is one of the primary reasons that it is essential to consult with an attorney as soon as possible after the wrongful death of a loved one.

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What Is a Survival Action?

A survival action is a type of legal claim that allows the deceased person’s estate to pursue compensation for the harm the individual suffered before passing away. While a wrongful death claim focuses on the losses experienced by the surviving family, such as emotional grief or financial support, a survival action centers on the pain, suffering, and expenses the deceased incurred between the time of the accident and their death.

These claims can also cover similar damages to a wrongful death claim:

• Medical expenses—related to the injury before death;
• Lost wages—the person would have earned during that period;
• Pain and suffering—experienced before passing; and
• Property damage—sustained in the incident.

Under Texas law, the estate, often through the executor or administrator, files the survival action. Any compensation awarded becomes part of the estate and is distributed to the heirs or beneficiaries according to the will or intestacy laws.

In some cases, a survival action and a wrongful death claim may be filed simultaneously to ensure the full scope of damages is accounted for. At Tawney, Acosta & Chaparro P.C., we carefully evaluate each case to determine which claims may apply and build a strategy that honors your loved one while protecting your family’s future.

Why You Should Hire an El Paso Wrongful Death Attorney

It can be extremely difficult to lose a loved one, and even more challenging to understand your legal rights pertaining to the recovery of damages after a loved one’s death.

When you work with a skilled wrongful death lawyer in El Paso, you’ll have an advocate on your side who is committed to guiding you through the process, answering any questions, and protecting your best interests.

Wrongful death claims can be difficult to win; you must gather evidence that proves that the defendant should be held liable for the death and that speaks to the extent of damages you and other family members have suffered. This may require working with various experts, interviewing eyewitnesses, organizing a variety of documents, and more.

In addition to simply establishing fault and damages, negotiating for a fair settlement amount is also a key part of the process, and is one that sometimes requires litigation to resolve.

Why Choose Our El Paso Wrongful Death Attorneys?

Our firm has handled numerous high-stakes wrongful death claims. We approach every case with personal attention, aggressive litigation strategy, and compassion for your family’s needs.

What sets Tawney, Acosta & Chaparro P.C. apart?

• Deep local roots. We understand the values of the El Paso community and the challenges families here face.
• Proven experience. Our team has secured millions in compensation for Texas and New Mexico families after tragic losses.
• Full-service support. We manage all legal, procedural, and insurance issues, giving you the space to grieve and recover.
• No fee unless we win. We represent clients on contingency, meaning you owe us nothing unless we recover compensation for you.

We are committed to holding negligent parties accountable and securing the justice your loved one deserves.

Contact Our El Paso Wrongful Death Lawyers Today

If you have lost a loved one, please call our Texas wrongful death attorneys at the office of Tawney, Acosta & Chaparro P.C. today for a free consultation. We understand the hurt and frustration you’re experiencing, and can provide you with the support and assistance that you need. Give us a call at (575) 222-1000 or send us a confidential message today.

FAQs About Wrongful Death Claims in El Paso

What if I’m Not Sure Who Was at Fault?

You do not need all the answers before contacting a lawyer. One of the first steps we take is investigating the cause of death and identifying all potentially liable parties. These may include negligent drivers, employers, property owners, or manufacturers.

Can Multiple Family Members Be Compensated?

Yes. Multiple qualifying family members may be part of a wrongful death claim, and damages may be recovered individually. A court or settlement agreement will typically determine the distribution of compensation.

What’s the Difference Between a Civil and Criminal Case?

A wrongful death lawsuit is a civil claim seeking monetary damages. It is separate from any criminal prosecution (such as manslaughter or homicide), which may result in jail time or fines. A civil claim may proceed even if the defendant is not charged or convicted in a criminal court.

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