Wrongful Death Attorney in El Paso
How do You Know if You Have a Wrongful Death Claim in El Paso?
If you think you might have a wrongful death case, it’s important to understand the elements of wrongful death and how the claim process works. Losing a loved one is one of the most difficult challenges we will face in life, and legal complications only make the situation worse. It’s vital to enlist a wrongful death attorney to ensure that you are awarded the justice you deserve.
A wrongful death claim is filed on behalf of the loved ones or survivors of someone who lost his or her life as a result of someone else’s negligence or intentional harm. One simple way to know if a wrongful death claim is applicable is if the victim would have otherwise had a personal injury case, but they died as a result of the incident. Wrongful death can occur as a result of either intention or negligence. Some examples of wrongful death situations include:
Medical Malpractice: If a doctor was careless in treating a condition or failed to recognize and treat a condition in the first place, and the victim died as a result, a wrongful death action can be brought against the doctor. Some of these instances include surgical errors, defective medical devices, pharmaceutical errors, incorrect diagnoses, and birth injuries.
Intentional Killing: If the victim died because someone else intentionally harmed them, causing death, that person can be sued for wrongful death in order to repay the loved ones affected by the victim’s death.
Traffic Accidents: Car, truck, and motorcycle accidents occur every day, and unfortunately, they often result in death. If the other driver was at fault for the accident that killed the victim, that driver could face a wrongful death claim.
Workplace Accidents: Accidents at work can sometimes result in injury or death. Employers are held accountable for the safety of their employees and thus can be sued for wrongful death. Common examples of wrongful death in the workplace include repetitive motion and strain injuries, asbestos and mesothelioma, manufacturing accidents, railroad worker accidents, and barge and towboat accidents.
Defective Products: If a manufacturer fails to create safe products for the public and someone dies as a result of using an unsafe product, a wrongful death suit can be brought against the product manufacturer. Common defendants in these cases are pharmaceutical companies, vehicle companies, childcare toy companies, and manufacturers of toxic food products and storage containers.
What Must You Prove?
The goal of a wrongful death claim is to hold the defendant liable for the victim’s death. The plaintiffs, usually the family members of the victim, must meet the same burden of proof that the victim would have to meet if they had survived and brought a personal injury case against the defendant. Put simply, it must be proven that the victim died directly as a result of the defendant’s negligence or ill will. The plaintiff must also prove that they have been affected by the death and that they qualify for compensation.
Who Can File a Wrongful Death Claim?
Specifically in Texas, including El Paso, the parents, the children, and the spouse of the deceased may file a wrongful death claim. The victim’s siblings and grandparents are not allowed to file a wrongful death claim in the state of Texas. The plaintiff must, of course, prove that they should be allowed to collect wrongful death damages.
Wrongful Death Damages
Damages that the plaintiff may receive include:
- Loss of the victim’s expected income
- Funeral and burial costs
- Medical costs that resulted from the incident
- Loss of inheritance as a result of the death
- Loss of love or companionship
- The victim’s death and suffering prior to their death
Cazares Law Firm is in Your Corner
Our goal is to do everything we can to win you the compensation you deserve. Christopher Cazares is experienced and compassionate, and he will do everything he can to seek justice for you and your family. Contact us today.