What is the Texas Wrongful Death Act and How Does it Affect my Wrongful Death Claim?

If your loved one in El Paso passed away because of a negligent person or business, you might be able to file a wrongful death civil suit. Even though these cases are complicated, a Texas wrongful death lawyer can help you assemble a strong one. If you believe that someone in your family suffered a wrongful death, our attorneys are here to listen to you and help you move forward.

If you suspect an El Paso wrongful death case applies to your loved one’s passing, you may ask, “What is the Texas Wrongful Death Act and how does it affect my wrongful death claim?” To answer, we look to the Texas Civil Practices and Remedies Code, which outlines our state’s wrongful death statute. It states that “an action for actual damages arising from an injury that causes an individual's death may be brought if liability exists.” The code continues, “A person is liable…if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.” Some common causes in wrongful death cases include:

• Medical malpractice
• Reckless drivers
• Defective products
• Workplace accidents
• Assault and battery
• Murder

Skilled El Paso personal injury lawyers know how to manage a myriad wrongful death claims and are ready to leverage that experience in your favor. We understand the trauma that comes with losing a loved one to any of the above wrongful death causes, and, at Carabin Shaw, we are here to help you figure out your next steps.

El Paso wrongful death claims allow the plaintiff—the deceased’s children, parents, or spouse—to file a lawsuit against a defendant responsible for the death. A strong case will result in the defendant paying damages, which might include:

• Funeral and burial costs
• Loss of emotional support
• Loss of expected income, in a spouse’s case
• Loss of inheritance
• Mental anguish

Wrongful death attorneys serving El Paso understand the nuances of this type of claim, and they know how to secure the right compensation for your loss.

To prove a wrongful death claim, the plaintiff will need to establish the following three criteria:

1. Duty of care: Your lawyer needs to show that the defendant had a legal obligation to exercise caution when performing an activity that could reasonably harm others, including your loved one. For example, doctors have a responsibility, per the Hippocratic Oath, to use their knowledge to help others, admit when they do not know the solution, and avoid a “play at God” approach to care.
2. Breach of duty of care: A valid wrongful death claim must show that the defendant failed to uphold their duty of care. For example, El Paso personal injury lawyers need proof that a doctor was negligent and violated the Hippocratic Oath, as well as other laws and regulations surrounding medical care.
3. Causation of death: Finally, your attorney needs to make the connection between the breach of duty of care and the untimely death needs to be apparent.

Though compiling evidence and making these connections requires a lot of work, a lawyer will know how to prove your El Paso wrongful death claim.

Wrongful death claims have two primary goals:

1. Holding the guilty party responsible for their harmful actions
2. Helping family members collect damages that will help them move forward

Losing a loved one in an untimely, preventable fashion is terrible. At Carabin Shaw, we know we cannot reverse your loss. Our goal, however, is to give you some of the tools you need to start healing. We want to help you offset the emotional and monetary costs associated with wrongful death.

To schedule a free consultation with a lawyer in El Paso, dial 915-779-2301 or call us toll-free at 1-800-862-1260.