El Paso Wrongful Death Lawyer – Losing someone you love is not easy. Although dealing with death is always painful, it can be very devastating when the death is caused by the actions or negligence of another person, also known as a “wrongful death.” Every year, people across El Paso and Texas mourn the wrongful death of family members.
In these cases, survivors are often left to endure not only emotional pain but huge financial losses as well. At Zinda Law Group, our team of El Paso wrongful death attorneys has helped many clients receive the financial compensation they are entitled to after their death.
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While no amount of money can replace your loved one, it can help you and your family deal with unexpected financial expenses now and in the future. If you have lost a loved one due to human negligence, give us a call or use our website to schedule a free consultation with an El Paso personal injury attorney.
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In El Paso, Texas, family members are unable to sue anyone for the tragic death of a loved one. That all changed when Texas passed the Wrongful Death Act. This practice allows spouses, parents, and children of the deceased to sue when someone’s negligence causes the death of the deceased.
In personal injury law, “negligence” means that someone acted in a way they should not have acted. Texas common law states that a wrongful death lawsuit will be brought when the “wrongful act, negligence, misconduct, incompetence, or recklessness” of one party causes the death of another person.
To recover in a wrongful death lawsuit, you must prove that the person who caused the death was negligent. To prove negligence, you must prove that:
To give an example, let’s say a drunk driver kills another driver. Applicants must state the following in their essay:
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Although each case is different on the facts, in each case, a wrongful death plaintiff must prove that the defendant was negligent.
In a wrongful-death car accident, the plaintiff must prove that the driver was negligent in driving or engaged in other negligent acts.
In a wrongful death car accident, the plaintiff must prove that the driver of the car was negligent by falling asleep at the wheel or otherwise.
In a workplace wrongful death lawsuit, the plaintiff must prove that the employer was grossly negligent by failing to follow safety procedures.
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In a wrongful death lawsuit, the plaintiff must prove that the doctor was negligent in making the wrong diagnosis.
In a wrongful death case involving a defective product, the plaintiff must prove that the company that made the product was negligent.
In a wrongful death lawsuit, the plaintiff must prove that the homeowner was negligent. An example of this might be checking to see if there are dangerous items in the room.
Whether your loved one died as a result of a work-related accident, car accident, medical malpractice, or another cause, if another person or party is at fault for the death, you may be entitled to file a wrongful death lawsuit.
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Survivors or family members of the deceased can file a wrongful death lawsuit. Family members who can file wrongful death lawsuits for victims include:
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When filing a wrongful death claim, several steps must be taken before you can recover from creditors.
Make sure that you have received all debts related to the death of the deceased. Also, collect any money or any proof of the family’s income.
If you decide to file a lawsuit and believe you can handle it yourself without hiring an attorney, it may be worth contacting an attorney to improve your chances of getting a refund.
Your attorney will continue to review your case. In doing so, they will want to prove a mistake, build a strong case for you and help you determine the merits of your claim.
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When your case is over, your attorney will begin a process of negotiation with the other party. They will give you a settlement letter explaining how much they will pay you, and begin negotiations.
If you have reached an agreement during the negotiations, then your case will be settled and your lawyer will walk you through the process of getting your payment. Be aware that most cases are settled before they go to court.
Your case will go to trial if an agreement is not reached at this time. Your attorney and legal team will be with you every step of the way during the legal process.
“Damages” means an amount of money awarded by a court to compensate a person for injury or loss. Texas wrongful death law allows victims to recover many types of damages. You can claim compensation for different amounts of emotional and financial losses, which are divided into economic and non-economic damages.
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This type of loss includes compensation for the impact the death of a loved one has on your daily life including:
In Texas, you have two years from the date of the death to file a wrongful death lawsuit. This is known as the statute of limitations, as it was created by the Texas legislature at this time.
In most cases, missing this date will result in the termination of your right to a refund. However, there is an exception in some cases that can change the installation time.
Placing value on people is a tricky business. Although the availability of opportunities can be appreciated by a working adult, assessing wrongful death compensation for a child is very difficult.
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Generally, when considering a child’s worth for wrongful death cases, a judge or jury may consider life expectancy, the child’s potential income, and other factors.
These things are not obvious. For example, if
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