Wrongful Death Lawyer in El Paso
The possibility of a fatal accident happening to you or a loved one is always present. We are always at risk of losing our lives.
There are a variety of accidents that can give rise to a wrongful death case. Some of the most common accidents that are the focus of a wrongful death cases or survival action cases are pedestrian accidents, car accidents, 18 wheeler accidents and motorcycle accidents. Workplace accidents are also common causes of wrongful death cases and survival action cases.
If someone you love has passed away because of an accident due to another’s fault, Joseph Law, PLLC, can help you hold the responsible parties accountable. We understand navigating the legal system is the last thing on your mind when dealing with this unfortunate situation. That is why we are here. We can explain the process of the case, complete the work for the case and hold the responsible parties accountable for their actions or inactions.
Who is eligible to file a claim?
Chapter 71 of the Texas Civil Practice and Remedies Code provides that a surviving spouse, children, and parents of the deceased have the exclusive benefit of recovering damages for a wrongful death action. It is important to note that siblings are not allowed to file a wrongful death action. Chapter 71 allows a party to recover if the death was caused by another person or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.
How do you prove wrongful death?
There are four elements you must prove to prevail on a wrongful death claim. You must prove the defendant’s actions caused your loved one’s death. You must show the defendant acted with negligence or with specific intent to cause harm. You must show your loved one’s death affected you or other surviving family members who are entitled to compensation under Texas law. Finally, the surviving family members must suffer monetary injury because of the untimely death.
Often, negligence is difficult to prove under certain circumstances. It is important to retain an attorney who will thoroughly investigate your loved ones case. It is important to contact an attorney as soon as possible because evidence related to your loved ones case disappears with every passing day.
Damages that can be recovered in a wrongful death action include loss of inheritance, loss of companionship and support, loss of benefits, loss of consortium for the spouse, mental anguish and financial loss due to the loss of the loved one. Damages under a wrongful death action are generally not subject to medical liens. Payment for damages are paid directly to the relatives who are entitled to maintain a claim.
What is a survival action?
A survival action is filed by or on behalf of an estate to recover damages suffered by the decedent who was the victim of a wrongful death. Recoverable damages include pain and mental anguish suffered by the decedent prior to his or her death, property damage,medical expenses incurred prior to the death of the decedent, funeral and burial expenses, and punitive damages. Payment for damages goes to the estate, unlike a wrong death action where payment goes directly to the relatives. Wrongful death and survival actions are not exclusive and are usually pursued simultaneously.
Contact Joseph Law, PLLC, in El Paso
If a loved one has lost their life due to someone else’s negligence, Joseph Law, PLLC, can help you hold the responsible parties accountable and get the compensation your family deserves. Call to schedule a consultation today.