El Paso Wrongful Death Lawyers

When a family member dies due to another party’s negligent or intentional actions, the surviving relatives face overwhelming grief while simultaneously confronting difficult legal questions. Wrongful death cases present unique challenges that require thorough knowledge of Texas law and compassionate representation during an already difficult time. The loss of a loved one creates emotional trauma that extends far beyond the initial shock, affecting families for years to come.

Our El Paso wrongful death lawyers at Flores Mendez Law provide dedicated legal representation for families who have lost loved ones due to preventable circumstances. These cases involve intricate legal procedures, detailed evidence gathering, and strategic advocacy. Understanding your rights and legal options becomes paramount when dealing with the aftermath of a preventable death.

What Constitutes a Wrongful Death Case?

A wrongful death case arises when someone dies due to another person’s or entity’s negligent, reckless, or intentional conduct. Texas law defines wrongful death as any death caused by wrongful acts, neglect, carelessness, unskillfulness, or default of another party. The key element distinguishing wrongful death from natural death involves the preventable nature of the circumstances leading to the fatality.

Common situations that may constitute wrongful death include:

• Motor vehicle accidents caused by distracted or intoxicated drivers.
• Medical malpractice resulting from surgical errors or misdiagnosis.
• Workplace accidents due to safety violations.
• Defective products that cause fatal injuries.

Our El Paso wrongful death lawyers carefully review the circumstances surrounding the death to determine whether another party bears legal responsibility.

Who Can File a Wrongful Death Lawsuit on Behalf of the Deceased?

Texas law limits who may file a wrongful death lawsuit, prioritizing immediate family members and designated representatives. The deceased person’s surviving spouse, children, and parents have the primary right to file a wrongful death claim. If none of these relatives exist or choose not to file suit, the personal representative of the deceased’s estate may initiate legal proceedings.

The hierarchy of filing rights begins with the surviving spouse, followed by children, then parents. Adult children may file suit even if a surviving spouse exists, and parents retain the right to file if they can demonstrate the deceased provided financial support or would have provided support in the future. 

This system prevents multiple conflicting lawsuits while protecting the interests of those most affected by the loss. Siblings, grandparents, and other extended family members generally cannot file wrongful death lawsuits in Texas unless appointed as the estate’s personal representative.  

Do I Need to Prove Negligence to Win a Wrongful Death Case?

Proving negligence forms the foundation of most wrongful death cases, though the specific legal theory depends on the circumstances. Negligence requires demonstrating four key elements: duty of care, breach of that duty, causation linking the breach to the death, and resulting damages. The plaintiff must show that the defendant owed a legal obligation to exercise reasonable care and failed to meet that standard.

The burden of proof in wrongful death cases follows the civil standard of preponderance of evidence, meaning plaintiffs must show that their version of events is more likely true than not. This standard differs from criminal cases, which require proof beyond a reasonable doubt. Consequently, defendants may face wrongful death liability even if criminal charges were dismissed or resulted in an acquittal.

What Evidence Is Required to Support a Wrongful Death Claim?

Successful wrongful death claims require comprehensive evidence demonstrating both liability and damages. Some evidence includes:

• Accident reports
• Witness statements
• Photographs of the scene
• Medical records
• Employment records showing safety violations
• Product defect documentation
• Testimony from qualified professionals

What Happens if the Deceased Was Partially at Fault for the Accident?

Texas follows a modified comparative negligence system, which allows recovery even when the deceased bears partial fault for the accident. Under this system, damages are reduced by the percentage of fault attributed to the deceased, provided their fault does not exceed 50 percent of the total responsibility for the incident.

If the deceased is found 30 percent at fault for an accident that caused their death, the surviving family members can still recover 70 percent of the total damages awarded. However, if the deceased’s fault equals or exceeds 51 percent, the family cannot recover any damages from other parties involved in the incident.

The determination of comparative fault requires careful analysis of all circumstances leading to the death. Our El Paso wrongful death lawyers anticipate and counter arguments that the deceased contributed to their own death while presenting evidence that other parties bear primary responsibility for the fatal incident.

What Role Does Life Insurance Play in Wrongful Death Cases?

Life insurance proceeds and wrongful death lawsuit recoveries serve different purposes and generally do not affect each other under Texas law. Life insurance represents a contractual agreement between the deceased and the insurance company, providing financial protection that beneficiaries receive regardless of how the death occurred. These proceeds compensate for the loss of the deceased’s life rather than addressing the negligent conduct that caused the death.

Wrongful death lawsuits seek to hold responsible parties accountable for their actions and compensate survivors for specific losses caused by the defendant’s conduct. The damages available through wrongful death claims may include lost earnings, medical expenses, funeral costs, and loss of companionship, which differ from the fixed benefit amounts provided by life insurance policies.

Our El Paso Wrongful Death Lawyers at Flores Mendez Law Help Clients Pursue Compensation

Flores Mendez Law handles the legal burdens so loved ones can focus on grieving and healing. For a free, confidential consultation, call our El Paso wrongful death lawyers at 915-308-9999 or submit our online form. Located in El Paso, Texas and Las Cruces, New Mexico, we serve clients across the surrounding areas.