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The sudden, unexpected death of a loved one can throw your family into emotional and financial turmoil. If you recently lost someone you love because of another person’s actions, an El Paso wrongful death lawyer at Loncar Lyon Jenkins may be able to help you prove the cause of your loved one’s death and the financial impact their death had on your family. A wrongful death lawsuit may help you pay the funeral and burial expenses for your loved one. It can also potentially cover the emotional trauma of surviving family members and the financial gap the loss of a loved one can create. A successful lawsuit can also mean you recover the costs of replacing the services your loved one provided to your household and to loved ones who relied on them for financial support.
If someone you love lost their life because of the negligent actions of another person, you could be eligible for financial compensation. An El Paso wrongful death lawyer may be able to guide you through filing a wrongful death lawsuit against the person responsible for the death of your loved one.
Wrongful death is a legal term that refers to a situation in which a person’s death is caused by the negligence, recklessness, or intentional actions of another party. In such cases, the surviving family members of the deceased may be entitled to file a wrongful death lawsuit seeking compensation for their losses.
When someone you love is the victim in a wrongful death, it can be hard to set emotions aside and get to the bottom of the cause of their death. When an El Paso wrongful death lawyer from our team represents your claim, we fight hard to prove the cause of your loved one’s death. Some actions we might take include:
El Paso, like many other cities, experiences various incidents that can lead to wrongful death. These tragedies occur when someone’s negligence, recklessness, or intentional actions result in the loss of a life. Understanding the primary causes of wrongful death in El Paso can help raise awareness and encourage people to take steps to prevent such incidents.
These accidents can involve cars, trucks, motorcycles, or pedestrians and may result from factors such as speeding, distracted driving, driving under the influence of alcohol or drugs, or failing to follow traffic laws. When a fatal accident is caused by another driver’s negligence, the victim’s family may be entitled to file a wrongful death claim.
Is another significant cause of wrongful death in El Paso. This occurs when a healthcare provider fails to provide the standard of care expected in their profession, leading to a patient’s death. Examples of medical malpractice include surgical errors, misdiagnosis, delayed diagnosis, or improper medication administration. In these cases, the victim’s family may seek compensation through a wrongful death lawsuit.
Can also result in wrongful death, particularly in industries such as construction, manufacturing, or mining. Employers have a responsibility to provide a safe working environment and ensure that their employees have the necessary training and equipment to perform their jobs safely. When an employer fails to meet these obligations and a worker dies as a result, the victim’s family may have grounds for a wrongful death claim.
Can also lead to wrongful death in El Paso. When a product is designed, manufactured, or marketed with defects that make it dangerous to use, and someone dies as a result, the manufacturer or other responsible parties may be held liable through a wrongful death lawsuit. Examples of defective products that can cause fatal injuries include faulty vehicles, dangerous pharmaceuticals, or malfunctioning household appliances.
Wrongful death in El Paso can result from various causes, including motor vehicle accidents, medical malpractice, workplace accidents, and defective products. These incidents often share a common thread: the negligence or wrongful actions of another party. By understanding the primary causes of wrongful death, individuals and organizations can work to prevent these tragedies and help keep the community safe.
Each year, Loncar Lyon Jenkins represents over 7,000 clients all over Texas and will travel to any city or town within the Lone Star state.
In El Paso, Texas, the eligibility to file a wrongful death claim is governed by the Texas Wrongful Death Act. This law specifies who may bring a wrongful death action on behalf of the deceased person. The following individuals are typically eligible to file a wrongful death claim in El Paso:
The deceased person’s legally recognized spouse at the time of death has the primary right to file a wrongful death claim. This includes common-law spouses who have met the requirements for a valid common-law marriage in Texas.
The deceased person’s children, including adult children and legally adopted children, may file a wrongful death claim. Stepchildren may also be eligible if they can demonstrate that they relied on the deceased for support.
If the deceased person is unmarried and has no children, their parents may file a wrongful death claim. This includes biological and adoptive parents.
If the deceased person’s estate has a personal representative (also known as an executor or administrator), they may file a wrongful death claim on behalf of the eligible family members.
In rare cases where there is no surviving spouse, children, or parents, the deceased person’s siblings may be eligible to file a wrongful death claim.
It is important to note that in Texas, only one wrongful death claim may be filed on behalf of all eligible family members. This means that the eligible parties must either file the claim together or agree to have one party represent the interests of all beneficiaries.
To file a wrongful death lawsuit in El Paso, Texas, the following requirements must be met:
A wrongful death claim can only be filed if a person has died due to the negligent, reckless, or intentional actions of another party.
The person filing the wrongful death lawsuit must be eligible under Texas law. As mentioned earlier, this typically includes the surviving spouse, children, parents, or personal representative of the deceased person’s estate.
The plaintiff (the person filing the lawsuit) must demonstrate that the defendant (the person or entity being sued) acted negligently or committed a wrongful act that caused the death. This may involve showing that the defendant owed a duty of care to the deceased, breached that duty, and that the breach directly caused the fatal injury.
The plaintiff must have suffered damages as a result of the wrongful death. These damages may include economic losses, such as medical expenses, funeral costs, and lost income, as well as non-economic losses, such as pain and suffering, emotional distress, and loss of companionship.
In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person’s death. There are some exceptions to this rule, such as in cases involving minors or when the cause of death is not immediately known, but it is essential to consult with an attorney as soon as possible to ensure that the claim is filed within the appropriate timeframe.
The lawsuit must be filed in the appropriate court with jurisdiction over the case. In El Paso, this may be the El Paso County District Court or a federal court if the case involves parties from different states or a federal question.
The plaintiff must establish a causal link between the defendant’s actions and the deceased person’s death. This means showing that the death would not have occurred but for the defendant’s negligence or wrongful act.
An experienced El Paso wrongful death lawyer can investigate the accident or incident, assessing your case to determine if you have a valid claim.
A survival action, also known as a survival claim, is a legal claim that allows the estate of a deceased person to pursue a personal injury lawsuit that the deceased individual would have been able to file had they survived. This type of claim is separate from a wrongful death lawsuit and is governed by different laws.
In a survival action, the estate seeks compensation for the damages that the deceased person suffered between the time of the injury and their death. These damages may include:
The costs of medical treatment that the deceased person incurred as a result of the injury before their death.
The wages or earnings that the deceased person lost between the time of the injury and their death.
Compensation for the physical pain and emotional distress that the deceased person experienced due to the injury before their death.
The purpose of a survival action is to ensure that the responsible party is held accountable for the harm they caused to the deceased person, even if that person did not live long enough to pursue a personal injury claim themselves. Any damages recovered through a survival action become part of the deceased person’s estate and are distributed to the beneficiaries according to the terms of their will or state law.
In El Paso, Texas, the eligibility to file a survival action is determined by the Texas Survival Statute. According to this law, the personal representative of the deceased person’s estate is typically the one who files a survival action on behalf of the estate. This personal representative may be:
If the deceased individual had a valid will that appointed an executor, this person would be responsible for filing the survival action.
If the deceased person did not have a will or the will did not name an executor, the court may appoint an administrator to manage the estate and file any necessary legal claims, including a survival action.
In some cases, if the deceased person did not have a will and no administrator has been appointed, a family member or heir may step forward to serve as the personal representative and file the survival action.
Losing a loved one due to another’s negligence is devastating, and navigating the legal process alone can be overwhelming. A wrongful death attorney in El Paso can provide legal advice, support, and guidance throughout your claim.
An experienced attorney will thoroughly investigate the circumstances surrounding your loved one’s death. This includes gathering police reports, medical records, witness statements, surveillance footage, and other critical evidence to build a strong case establishing liability.
Your attorney will handle all communications with insurance companies and opposing counsel. They understand the tactics insurers use to minimize payouts and will protect your interests during negotiations, ensuring you don’t accept an inadequate settlement offer.
Legal counsel will accurately calculate the full value of your claim. This includes quantifying economic damages like medical bills, funeral expenses, and lost future income, as well as non-economic damages such as loss of companionship and emotional suffering.
A wrongful death attorney will ensure compliance with Texas legal requirements and deadlines. They’ll file all necessary documentation within the statute of limitations and identify which family members have legal standing to pursue compensation under state law.
If a fair settlement cannot be reached, your attorney will prepare your case for trial. They’ll develop compelling legal arguments, work with expert witnesses, and advocate forcefully for your family’s rights in court.
The right legal representation allows you to focus on processing your grief while your attorney handles the complexities of your wrongful death claim. With their guidance, you can pursue the justice and compensation your family deserves.
Selecting the right wrongful death lawyer in El Paso can ensure you obtain the justice and fair compensation you deserve for your devastating loss.
Here are the key attributes to consider during your search:
Specifically handling wrongful death cases in Texas is essential. Look for an attorney with a proven track record of successful settlements and verdicts in cases similar to yours, as well as familiarity with El Paso courts and local legal procedures.
Demonstrate the attorney’s commitment to your case. Your lawyer should explain complex legal concepts in understandable terms, keep you updated on case progress, and promptly return calls and emails.
Wrongful death cases often require significant upfront costs for investigation, expert witnesses, and court fees. Choose a firm with sufficient resources to handle your case through trial if necessary.
Provide insight into the attorney’s reliability and effectiveness. Research online reviews, ask for client testimonials, and consider seeking recommendations from trusted sources in the El Paso community.
The attorney’s fee structure should be transparent and reasonable, typically working on a contingency basis where they only get paid if you win. Ensure you understand all potential costs and fee arrangements before signing an agreement.
By carefully evaluating these qualities, you can select a wrongful death attorney who will effectively advocate for your family’s interests and guide you through the legal process with confidence and support.
Choosing the right legal representation for your wrongful death claim is crucial.
At Loncar Lyon Jenkins, we offer many important qualities that make us a strong choice for families in El Paso.
Our firm brings extensive experience handling wrongful death cases in Texas, with a proven track record of securing substantial settlements and verdicts for bereaved families. Our deep understanding of state laws and local court procedures helps maximize compensation.
At Loncar Lyon Jenkins, we maintain a strong presence in El Paso with significant resources to thoroughly investigate claims, hire expert witnesses, and pursue cases through trial when necessary. Our financial stability ensures your case receives the investment it needs.
Our firm’s attorneys prioritize personalized attention, providing direct access to legal counsel and regular case updates. We understand the emotional toll of losing a loved one and offer compassionate support throughout the legal process.
Our contingency fee structure means you pay nothing unless they win your case. This arrangement allows families to pursue justice without financial strain during an already difficult time.
At Loncar Lyon Jenkins, we have built a reputation for aggressive negotiation with insurance companies and skilled trial advocacy when settlement offers prove inadequate. Our attorneys fight tirelessly to secure full compensation for their clients.
With Loncar Lyon Jenkins representing your wrongful death claim, you gain dedicated advocates who combine legal expertise with genuine care for their clients’ well-being.
Our commitment to excellence and client service makes us a trusted choice for families seeking justice in El Paso.
Texas wrongful death lawsuits allow families to pursue both economic and non-economic damages to compensate for their loss.
Economic damages cover quantifiable financial losses.
Include all costs related to the deceased’s final injury or illness, from emergency care to hospitalization and any treatments attempted before death.
Encompass all reasonable costs associated with laying your loved one to rest, including the funeral service, burial plot, headstone, and related expenses.
Account for the deceased’s expected lifetime earnings, including salary, bonuses, retirement contributions, and insurance benefits that would have supported the family.
Represents the value of assets and savings the deceased would likely have accumulated and passed on to family members had they lived a full life.
Calculate the monetary value of domestic tasks the deceased performed, such as home maintenance, childcare, or cooking.
Compensates for the emotional pain, grief, and psychological trauma family members experience after losing their loved one.
If your injury has prevented you from participating in activities you once enjoyed or has diminished your overall quality of life, you may be entitled to compensation for this loss.
Acknowledges the deprivation of love, guidance, support, and relationship the deceased provided to spouse, children, and parents.
Specifically compensates spouses for the deprivation of intimate relations and marital partnership.
These damages aim to provide compensation for both financial and emotional impacts of wrongful death, though no amount can truly replace a lost loved one.
At Loncar Lyon Jenkins, our attorneys employ proven methodologies to accurately calculate damages in wrongful death cases, ensuring families receive fair compensation for their losses.
For economic damages, attorneys gather extensive documentation including tax returns, pay stubs, and employment records to project lost future income. They work with economic experts to calculate lifetime earnings potential, accounting for factors like career advancement, inflation, and retirement benefits. They compile medical bills, funeral costs, and receipts for other expenses. To value lost household services, they assess the cost of hiring professionals to perform tasks the deceased handled, from childcare to home maintenance.
Non-economic damages calculations typically use either the multiplier or per diem method. The multiplier method applies a factor of 1.5 to 5 times the economic damages, with the multiplier increasing based on case severity and impact on the family. The per diem approach assigns a daily rate to the family’s suffering, multiplied by their life expectancy.
Attorneys consider factors like the deceased’s age, relationship quality, and surviving family members’ emotional trauma to determine appropriate figures.
These calculated values serve as the foundation for settlement negotiations and trial strategy, with our attorneys advocating for maximum compensation reflecting the true impact of the loss.
In El Paso, our attorneys serve the following areas:
In El Paso, Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the person’s death. This means that eligible family members or the personal representative of the deceased’s estate must file the lawsuit within this two-year window, or they may lose the right to seek compensation. However, there are some exceptions to this rule. In cases involving minors, the statute of limitations may be extended until the child reaches the age of 18. Additionally, if the cause of death is not immediately known or discoverable, the statute of limitations may be tolled (paused) until the cause is determined.
Yes. Seeking legal counsel after losing a loved one in a wrongful death accident in El Paso is highly advisable. A wrongful death attorney can investigate the circumstances, gather evidence, handle communications with insurance companies, and determine liability. Texas law has specific timeframes for filing wrongful death claims, known as statutes of limitations, typically giving families two years from the date of death to take legal action. An attorney can help identify all potential sources of compensation, including medical expenses, funeral costs, lost income, loss of companionship, and pain and suffering. They can also determine which family members have legal standing to file a claim under Texas law, as only certain relatives qualify.
Yes, most wrongful death lawyers in El Paso offer free initial consultations. During these consultations, they evaluate your case’s merit, explain your legal options, and discuss their fee structure – typically working on a contingency basis where they only get paid if they win your case. This allows families to explore their legal options without financial risk or obligation.
Most wrongful death attorneys in El Paso work on a contingency fee basis. This means they only collect payment if they win your case, typically taking 33-40% of the final settlement or verdict. There are no upfront costs, and the initial consultation is free. The firm also advances court costs, expert witness fees, and investigation expenses, recovering these from the settlement. If the case is unsuccessful, you owe nothing.
Clay Jenkins started his personal injury practice in 1989 after clerking for the Texas Supreme Court. He co-counseled some of Brian Loncar’s biggest cases for 25 years before purchasing an interest in the firm. He is the former Chairman of the Board of Advocates for the Texas Trial Lawyers Association and previously served as President of the Dallas Trial Lawyers Association. Learn More
Our highly experienced lawyers will contact you for a Free Legal Consultation.
The untimely loss of a loved one can leave you stressed, frustrated, and angry. At Loncar Lyon Jenkins, we work hard to support families who have lost a loved one due to someone else’s negligent actions. If you need guidance and support preparing and filing a wrongful death lawsuit, do not hesitate to call our client care team. Our El Paso wrongful death lawyers may be able to help you file an insurance claim or lawsuit for financial recovery. Call our offices to reach the client intake team at Loncar Lyon Jenkins today.
