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At Thompson Law, our El Paso wrongful death lawyers recognize the profound impact that losing a loved one due to an unintentional injury can have on families. According to the Centers for Disease Control, 227,039 individuals in the United States lost their lives to accidents in 2022, making it the third leading cause of death after heart disease and cancer. In Texas, civil courts recognize the family’s right to file a lawsuit in the event of a loved one’s wrongful death.
In Texas, families have the legal right to pursue compensation through wrongful death claims when negligence or reckless behavior leads to such tragic events. Family members should not have to endure the pain of losing a loved one and the challenge of moving on alone if the death was caused by someone else’s reckless or negligent actions. To successfully navigate this complex legal process, it is essential to have experienced El Paso wrongful death lawyers by your side.
Various types of personal injury accidents can lead to such loss, including car accidents, truck wrecks, motorcycle crashes, falls from height, slip and fall injuries, and pedestrian accidents. In fact, falls from height and motor vehicle traffic deaths rank second and third, respectively, as leading causes of unintentional injury deaths in the United States.
If you’ve lost a loved one in any of these types of accidents, our El Paso wrongful death lawyers are here to help. At Thompson Law, our committed legal team is ready to gather the essential evidence and establish liability, ensuring you receive the justice and compensation you deserve.
In Texas, certain individuals are legally permitted to file a wrongful death lawsuit to seek justice and compensation for the loss of a loved one. Understanding who can initiate this process is essential for families navigating their grief during such challenging times. The following individuals are generally eligible to file a wrongful death claim in Texas:
While many close family members are entitled to file a wrongful death claim, certain individuals may not have standing to initiate such legal action. Generally, the following are not eligible to file a wrongful death claim in Texas:
Filing a wrongful death lawsuit in Texas involves meeting specific requirements to ensure the case is valid and admissible in court. Here’s a breakdown of what’s needed:
We offer accident injury victims committed and relentless legal representation, ensuring fair compensation for their claims. Our El Paso wrongful death attorneys craft robust cases backed by solid evidence to secure the compensation you deserve.
We offer accident injury victims committed and relentless legal representation, ensuring fair compensation for their claims. Our El Paso wrongful death attorneys craft robust cases backed by solid evidence to secure the compensation you deserve.
In Texas, several primary factors contribute to wrongful death cases, often stemming from negligence or recklessness. Understanding these causes can help families recognize the circumstances that may warrant a wrongful death claim. The leading causes include:
Recognizing these leading causes emphasizes the importance of accountability and highlights the need for families to consult experienced attorneys in pursuing justice for their loved ones.
In Texas, motor vehicle crashes are the leading cause of wrongful death claims. Our El Paso wrongful death attorneys have compiled crash data from the El Paso Police Department to examine fatal traffic accidents. According to the 2023 crash reports, the findings reveal:
Sources: Crashes and Injuries Cities and Towns; Crashes and Injuries by County; DUI (Alcohol) Crashes and Injuries Cities and Towns; DUI (Alcohol) Crashes and Injuries by County.
In wrongful death lawsuits, compensation aims to address the various losses suffered by the surviving family members due to the death of their loved one. The damages awarded can be both economic and non-economic, reflecting the financial burden and emotional impact of the tragic loss.
Economic damages, also known as special damages, are monetary losses that can be quantified and are intended to compensate the surviving family members for specific financial expenses incurred due to the wrongful death, such as:
Non-economic damages, also known as general damages, are non-monetary losses that account for the less tangible impacts of a loved one’s death, such as:
In cases of particularly egregious conduct, courts may award punitive damages intended to punish the wrongdoer and deter similar behavior in the future. Punitive damages may be awarded in cases where the defendant’s actions are found to be particularly reckless, malicious, or grossly negligent.
For instance, in cases of drunk driving that lead to a fatal accident, the court may impose punitive damages to deter future occurrences and emphasize the seriousness of the defendant’s actions. Similarly, if a manufacturer knowingly produces and sells a defective product that results in death or serious injury, punitive damages may be warranted to hold the company accountable for its disregard for consumer safety.
Understanding the various types of compensation available can assist grieving families in navigating their options when pursuing a wrongful death claim. If you have such a claim, call our El Paso wrongful death lawyers for a FREE CASE REVIEW. We are here to answer your questions, explain the claims process, and help you get started with our law firm today.
The value of a wrongful death claim can vary significantly based on several factors, making it challenging to determine an average settlement amount. Each case is unique, and the compensation awarded often reflects the specific circumstances surrounding the wrongful death. Factors that influence the value of a wrongful death settlement include:
Our El Paso wrongful death lawyers can help family members understand these factors so they can better evaluate their wrongful death claims and pursue fair compensation for their losses.
A survival action, often referred to as a survival claim, is a legal action initiated by the estate of a deceased individual to recover damages that the deceased could have pursued had they survived. Unlike a wrongful death claim, which focuses on the losses experienced by the survivors, a survival action compensates the deceased’s estate for losses incurred before their death. This may include claims for medical expenses, lost wages, pain and suffering, and any other damages that the individual experienced as a result of the injuries leading to their death.
Survival actions serve to ensure that the estate of the deceased is made whole for the losses they endured, and these claims can be crucial in providing financial support to the survivors. Working with experienced legal representation can help navigate the complexities of survival actions and ensure that all potential damages are adequately addressed.
In Texas, the eligibility to file a survival action is typically determined by the decedent’s estate and may vary based on specific circumstances. Generally, the following parties may be eligible to file a survival action:
It’s important for potential plaintiffs to understand that the specific conditions and requirements for filing a survival action can depend on various factors, including whether the estate has been probated. Our El Paso wrongful death lawyers can provide valuable guidance on navigating these legal proceedings.
A bystander claim for negligent infliction of emotional distress (NIED), also known as bystander recovery or a bystander emotional distress claim, allows individuals who witness a traumatic event, such as a wrongful death, to seek compensation for the emotional distress and trauma they experience as a result of witnessing the incident. Unlike traditional wrongful death claims, which focus on the losses suffered by the survivors of the deceased, bystander claims address the psychological impact on those who were present at the scene.
To file a bystander claim in Texas, plaintiffs must generally show a close relationship with the victim and prove that their emotional distress directly resulted from witnessing the event. Our El Paso wrongful death lawyers can help you navigate the specific requirements and nuances of filing such claims in Texas.
In Texas, the tax implications of wrongful death settlements can vary based on the nature of the compensation received. Generally, the IRS does not tax compensatory damages received for wrongful death claims, as these are intended to replace lost income and provide financial support to the survivors. This includes damages for loss of companionship, emotional suffering, and medical expenses incurred prior to death. However, any interest accrued on the settlement amount is taxable.
In Texas, the statute of limitations for filing a wrongful death claim is two years from the date of death. This means that legal action must be initiated within this time frame, or else the claim may be dismissed by the court. However, certain circumstances may warrant an extension to this deadline, such as if the cause of death was not immediately apparent or if there is evidence of fraud or misconduct involved in the case.
It’s important to seek legal counsel as soon as possible after a wrongful death occurs to ensure that all deadlines and requirements are met for pursuing a claim. Our El Paso wrongful death lawyers have extensive experience in handling these types of cases and can help guide you through every step of the process.
Thompson Law achieved one of the top 100 wrongful death settlements in the United States in 2021 and secured 15 of the top 50 injury settlements in Texas, including wrongful death claims. Our extensive experience with various wrongful death cases is evident in our results.
The figures listed above reflect the amounts we’ve successfully secured for our clients from settlements, not the total settlement amount. Our El Paso wrongful death lawyers service a diverse range of claims across various accident types, including case types other than those listed. . If you’ve lost a loved one in an accident, please call our law firm for a FREE CONSULTATION to explore how we might assist you.
Our El Paso wrongful death lawyers operate on a contingency fee basis, meaning we only get paid if you do. If we secure compensation for you, we earn a percentage of the amount recovered.
Our bilingual English and Spanish team is eager to assist and support your recovery journey. Our El Paso wrongful death attorneys are available 24/7 to start representing you in your wrongful death claim and will guide you through the process, allowing you to focus on healing your family.
Take steps to ensure your right to full financial recovery for your loved one’s untimely passing. The sooner you understand your options, the sooner you and your family can begin to heal.
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.
