El Paso Wrongful Death Lawyer

Under Texas Civil Practice & Remedies Code § 71.004, the surviving spouse, children, and parents have legal rights to file wrongful death claims.

• One eligible family member can file on behalf of all beneficiaries, or multiple eligible relatives can file together.
• If none of those beneficiaries file a claim within three months of the death, the executor or administrator of the estate may bring the claim unless the family requests that no action be filed.
• Immigration status does not prevent an eligible spouse, child, or parent from pursuing a wrongful death claim in Texas.
• In most cases, siblings, grandchildren, aunts, uncles, and unmarried partners cannot bring a wrongful death lawsuit in Texas.

If your family is unsure who can file, the El Paso wrongful death lawyers at AK Law Firm will review your situation and explain your rights at no cost.

Our legal team moves quickly to protect critical information and build the strongest possible case before the evidence disappears. Here is how the process typically works.

1. Free Consultation. We begin with a free, confidential consultation, during which our legal team will review what happened, answer your questions, and explain the legal options available to your family. Consultations are available in English or Spanish.
2. Investigation & Evidence Preservation. Our attorneys immediately begin investigating the circumstances surrounding the fatal accident. This may involve securing accident reports, documenting the crash scene, obtaining surveillance footage, and preserving vehicle data.
3. Identifying All Liable Parties. Many wrongful death cases involve multiple responsible parties. Depending on the circumstances, liability could extend to drivers, trucking companies, product manufacturers, property owners, contractors, or government entities responsible for roadway maintenance. Identifying every liable party ensures the claim reflects the full scope of responsibility.
4. Working with Expert Witnesses. Our firm works with accident reconstruction specialists, medical experts, and financial professionals who can explain how the incident occurred and calculate the long-term impact.
5. Pursuing Both Wrongful Death and Survival Claims. When appropriate, we pursue both the wrongful death claim on behalf of the family and the survival action on behalf of the estate. This ensures that every available avenue for recovery is considered.
6. Negotiation with Insurance Companies. Once the evidence is assembled, we present a comprehensive claim to the responsible parties and their insurance carriers. Negotiations are conducted from a position of strength based on the evidence gathered during the investigation.
7. Litigation When Necessary. If insurers refuse to offer fair compensation, our attorneys are prepared to file suit and take the case to trial in El Paso County District Court or federal court.
8. Resolution. Wrongful death cases may be resolved through settlement negotiations or through a court verdict. Either way, our goal is the same: to secure meaningful compensation and accountability for your family.

Under the Texas statute of limitations § 16.003, families generally have two years from the date of death to file a wrongful death lawsuit. Missing this deadline can permanently prevent recovery.