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Wrongful Death Damages and Compensation for Survivors

If your loved one has passed due to the negligence of another, you may be eligible to sue for financial compensation. El Paso residents deserve the proper legal consultation for their case. That starts with learning the right information about wrongful death claim damages, like who can sue, what you can sue for, and the time limit you have to file your case. If you are interested in learning about wrongful death damages and compensation for survivors, you may want to speak with a lawyer at Carabin Shaw, which offers a free consultation for potential clients. You shouldn’t have to go through this legal process alone—let a professional deal with those while you focus on healing.

What Is Wrongful Death?

Wrongful death lawsuits occur when a close family member of the deceased files a civil case claiming that another party’s negligence caused the death. Under Texas law, wrongful death is a death brought about by, a “wrongful act, neglect, carelessness, unskillfulness, or default.”

A wrongful death case is applicable in the following circumstances:

  • Intentional harm by another party
  • Medical malpractice
  • Car accident

These claims require an attorney to prove negligence as the reason for the fatal accident. El Paso personal injury lawyers are qualified to manage your case because wrongful death cases are similar to that of personal injury cases in terms of suing for damages caused to a person.

Who Can File a Wrongful Death Claim, and When?

While any surviving spouse, parent, or child can file a wrongful death claim in Texas, siblings cannot.

Per the state statute of limitations, family members need to file wrongful death claims within two years of the deceased’s passing. While this might seem like a long time, it can take roughly a year to settle the lawsuit. If you wait too long, you limit your lawyer’s negotiating time, which can hurt your case. If even a small part of you is considering filing a wrongful death claim, consider speaking with a Texas wrongful death lawyer today to learn more.

What Wrongful Death Damages Can You Claim?

Damages are a specific set of losses that determine the plaintiff’s compensation in a personal injury case. There are two categories of wrongful death damages: damages covering the negligent act until the moment of death and damages covering losses experienced by the next of kin. In Texas, the following can factor into compensation:

  • Lost earning capacity
  • Lost care, services, support the deceased would have provided to their loved ones
  • Mental and emotional pain and anguish
  • Lost inheritance
  • Medical costs

The type of damages you sue for depends on your specific case. The Texas wrongful death damages cap adjusts with inflation. As of now, the cap is $2 million. If you are seriously considering suing for damages, keep track of the medical costs you incur and the emotional pain with which you are dealing. Hiring an attorney can help you sort through any bills you may need for your case. You don’t need to go through this process alone. Speaking to El Paso wrongful death attorneys will surely lighten your load while undergoing this complicated legal process.

What Kind of Lawyer Should You Hire?

If you are seriously considering suing, then you want to ensure you have the right kind of lawyer on your side. If you are looking for a wrongful death attorney in El Paso, consider hiring Carabin Shaw. We have decades of experience and guarantee that our exceptional legal advice will make a difference. We will leverage our expertise to get you the best possible settlement.

We offer a free initial consultation, and, because we work on a contingency fee basis, you don’t pay anything unless we win your case.

Choose the most affordable option in El Paso. Choose the best option. Choose Carabin Shaw. Schedule your first appointment today at 915-779-2301, or call us toll-free at 800-862-1260.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
You want Carabin Shaw on your side after an accident. They were excellent. - Valerie S.
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The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. - Melinda F.
We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.