El Paso Wrongful Death Lawyers
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ENRIQUE CHAVEZ, JR
El Paso Trial Lawyer
Born and raised in El Paso, Enrique has represented hundreds of personal injury clients throughout the state of El Paso. His interest in law began at the age of four, when his father explained to him that lawyers help people by defending them when wrongs are committed against them. It was the encouragement of Enrique’s father, Enrique Sr., which drove Enrique to become a lawyer and fight to rectify the wrongs committed against his clients through the legal system.
El Paso Wrongful Death Lawyers
Helping Across the State of Texas
If a family member or loved one has died due to someone else’s negligence, the experienced El Paso wrongful death lawyers at Chavez Law Firm will fight to recover maximum compensation on your family’s behalf. There is nothing quite as difficult as grieving the loss of someone you love, especially if you lost them in an accident that didn’t need to happen. First and foremost, we are sorry that you are mourning and we understand that this very hard for you and your family. We commonly see surviving family members suddenly overwhelmed with medical bills, costs of a funeral, and lost income. Our El Paso wrongful death lawyers are here to help you deal with the legal aspect of a case like this, and we will work to get you the damages from this accident. We understand that, during this mourning period, you may not want a legal case to be occupying your thoughts. This s why we handle the case for you so that you can focus on your family while we focus on recovering damages for you. If you have lost a loved one in a wrongful death case, please call our office right away to get a free initial consultation. At Chavez Law Firm, our lawyers want nothing more than to help you get justice for such a tragedy. “Accidents” only happen when people do not follow the safety rules that protect the community. It is necessary to proceed with a trial when these violators don’t accept liability for their negligence. Our legal team does everything they can to hold violators responsible for the harm that they have caused. The Chavez Law Firm may be able to help you.Types of Texas Wrongful Death Cases
When you say wrongful death, it is an umbrella term that encompasses many different types of fatal accidents. What all these accidents have in common is that the fatality was due to negligence. These cases are typically handled in civil court. The most common types of wrongful death cases in Texas have included:- Car accidents
- Slip and falls
- Drowning
- Workplace injury
- Nursing home negligence
- Construction accidents
- Bicycle accidents
- Medical malpractice
Damages Caused by Wrongful Death
Fatal accidents can have extensive ramifications for the victim’s family and dependents. Emotional damages go without saying. Grief and suffering after the loss of a loved one may not have a set financial value, but a skilled lawyer can maximize the amount of compensation for such damages. Actual financial damages can include funeral and burial costs, as well as grief counseling. The liable party could also be held responsible for any medical bills and property damages that occurred before the victim passed away.How Texas Wrongful Death Compensation Works
Wrongful death cases can be fairly confusing when it comes to compensation. You can receive two forms of compensation. You can receive compensation for wrongful death damages, and you can receive pain and suffering. The first type of compensation is meant to compensate the family for all of the expenses related to losing their loved one. You can recover the lost potential earning capacity of the lost loved one, any medical bills, and funeral costs. These wrongful death damages are easier to calculate because you can put these numbers into a calculator and come up with an answer. The harder damages to determine are pain and suffering damages. These damages compensate the family for the suffering the victim experienced before passing on. The more pain and suffering they went through, the more damages you will receive. These damages don’t plug into a calculator because pain and suffering is abstract and you cannot easily put a number on something like that.Length of Time You Have to File a Wrongful Death Claim in Texas
To ensure that you have the best possible chance of having a successful case, make sure that you are working with an attorney who knows what they’re doing. You are given only a short length of time when you want to pursue compensation. Civil court will hold you to your statute of limitations. In Texas, you are permitted two years from the date of the accident or the death of your loved one. While two years may seem lengthy, we assure you that it goes by quickly, and we do not advise that you wait to find an attorney. If you miss the statute of limitations, you will no longer be eligible for compensation. These cases take some time to build, and you want to give your attorney as much time as possible.Understanding Wrongful Death Claims in Texas
Wrongful death claims arise when a person’s death is caused by the negligent, reckless, or intentional actions of another party. These claims allow surviving family members or beneficiaries to hold the responsible party accountable for their actions and seek compensation for the damages incurred as a result of the loss. In Texas, wrongful death claims specifically address situations where the deceased person would have had a viable personal injury claim had they survived the accident. This means that if the deceased person would have been able to file a personal injury lawsuit against the at-fault party had they lived, their surviving family members can now file a wrongful death claim.Requirements for Filing a Wrongful Death Claim in Texas
To file a wrongful death claim in Texas after a car accident, certain requirements must be met. These requirements help establish the eligibility of the claim and ensure that the legal process is properly followed. The key requirements include:- Eligible Plaintiffs: In Texas, the surviving spouse, children, and parents of the deceased person are considered eligible plaintiffs for filing a wrongful death claim. If none of these parties are available, a personal representative of the deceased person’s estate may file the claim.
- Time Limit (Statute of Limitations): It’s important to file a wrongful death claim within the statute of limitations, which in Texas is generally two years from the date of the deceased person’s death. Failing to file within this timeframe may result in the claim being barred.
- Establishing Negligence or Wrongful Conduct: To succeed in a wrongful death claim, the plaintiff must demonstrate that the death was caused by the negligence, recklessness, or intentional misconduct of the defendant. This involves proving that the defendant had a duty of care, breached that duty, and that the breach directly led to the fatal car accident.
- Damages: Wrongful death claims seek to compensate the surviving family members for the damages they have suffered as a result of the loss. These damages can include medical expenses, funeral and burial costs, loss of financial support, loss of companionship, and emotional pain and suffering.
Navigating the Legal Process
The process of filing a wrongful death claim in Texas car accident cases can be complex and emotionally challenging. Seeking the guidance of an experienced and compassionate attorney is crucial to ensure that your rights are protected and that you receive the compensation you deserve.- Consultation: The first step is to consult with a reputable attorney who specializes in wrongful death claims. An attorney will evaluate the details of the case, gather evidence, and provide an initial assessment of the claim’s viability.
- Investigation: Your attorney will conduct a thorough investigation into the circumstances surrounding the accident. This may involve collecting police reports, eyewitness testimonies, medical records, and other relevant evidence to establish the defendant’s liability.
- Negotiation and Settlement: In many cases, the responsible party’s insurance company will attempt to settle the claim outside of court. Your attorney will engage in negotiations to secure a fair settlement that adequately compensates you for your losses.
- Litigation: If a fair settlement cannot be reached, your attorney will prepare and file a lawsuit on your behalf. The legal process may involve discovery, depositions, and court appearances. Throughout this process, your attorney will advocate for your rights and fight for the compensation you deserve.
- Trial and Resolution: If the case proceeds to trial, your attorney will present your case to a judge and jury. A verdict will be reached, and if successful, you will be awarded compensation for the damages incurred. If the verdict is in your favor, the responsible party may appeal the decision, further extending the legal process.
- Allow Yourself to Grieve: Grieving is a natural response to loss, and there is no right or wrong way to do it. Each person’s journey is unique, and it’s important to give yourself permission to feel a wide range of emotions, from anger and sadness to confusion and even relief. Surround yourself with a support system of family and friends who can offer comfort and understanding.
- Seek Professional Help: The emotional toll of losing a loved one unexpectedly can be immense. Consider seeking the guidance of a mental health professional who specializes in grief counseling. Therapy can provide a safe space to process your feelings, develop coping strategies, and work through the complex emotions that arise during this time.
- Preserve Memories: Cherishing the memories of your loved one can be a powerful way to honor their life. Create a memorial, scrapbook, or digital album that celebrates their achievements, milestones and the special moments you shared. This creative outlet can serve as a positive way to channel your emotions and remember your loved one fondly.
- Connect with Support Groups: Connecting with others who have experienced similar losses can provide a sense of understanding and camaraderie. Support groups for grieving individuals can be found both online and in person. Sharing your feelings with those who can relate may help you feel less isolated on your grief journey.
- Take Care of Yourself: Grief can take a toll on your physical well-being, so it’s important to prioritize self-care. Maintain a healthy routine by eating well, exercising, and getting enough rest. Engage in activities that bring you joy and relaxation, whether it’s reading, walking in nature, or practicing mindfulness.
- Celebrate Life: While it’s natural to focus on the loss, it’s also essential to celebrate the life your loved one lived. Consider organizing a memorial service or tribute that reflects their personality, passions, and accomplishments. Celebrating their life can help shift the focus from the tragedy of their death to the positive impact they had on those around them.
- Honor Their Legacy: Many families find solace in creating a lasting legacy for their loved one. This could involve starting a scholarship fund, supporting a cause they were passionate about, or participating in community service in their memory. Doing something positive in their name can bring a sense of purpose and honor to their memory.
- Embrace Small Steps: Healing from the loss of a loved one is a gradual process that unfolds over time. Embrace small steps of progress and give yourself permission to take breaks when needed. Some days may be more challenging than others, but each step forward, no matter how small, is a testament to your strength and resilience.
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Frequently Asked Wrongful Death Questions
What should I consider when choosing an attorney for a wrongful death?
Someone who is looking for representation in a case involving a wrongful death must first find and look for an attorney with trial experience in these types of cases. Wrongful death cases are tragic. They’re tragic, of course, because clients lose loved ones— the worst thing that can happen to anyone. An experienced trial lawyer will know how to help navigate this type of situation with the sensitivity that is required under these circumstances.
How much does it cost to file a wrongful death lawsuit?
Oftentimes when people come to our office asking about a wrongful death claim, they are concerned about whether they can afford a case. The experienced trial attorneys at Chavez Law take these cases on a contingency fee basis, meaning that the attorney gets paid if and only if there is a recovery, either by going to trial or through forcing a settlement on the insurance company or the negligent corporation that caused the death.
How do I determine the value of a wrongful death claim?
Clients who come to us because they have lost a loved one, such as a husband or a wife or a parent or a child, often wonder what full and fair compensation mean in their case. In instances in which a family has lost a loved one, the family is entitled to the lost income that that father or mother or spouse would have provided them. Another thing that the law allows for, in terms of compensation, is damages for emotional pain and suffering. Other types of damages are the physical pain and suffering that that person went through as a result of dying. Other damages involve what the survivors— the family members— are entitled to. They’re entitled to full and fair compensation for the emotional trauma resulting from the loss of their loved one that was caused by a negligent corporation or person.
How long will it take to settle a wrongful death case?
When I have clients who have lost a loved one – a spouse, a child, or a parent – due to a wrongful death incident, they often ask me how long a case will take. One of the factors, in fact the key factor, in a wrongful death case is whether or not the insurance company for the defendant who caused the wrongful death is negotiating in good faith. Let’s be absolutely clear – the only cases that go to trial are cases where the insurance company is unwilling to pay full and fair compensation for the horrible and tragic harms that they’ve caused clients. This is the greatest detriment to a quick resolution.
Who can file a wrongful death claim?
Oftentimes when I have people come into the offices of Chavez Law, they ask who can file a wrongful death claim in Texas. The answer is very simple – husbands and wives, parents who’ve lost their children, and children who have lost their parents can file wrongful death claims in Texas. Because of the importance of these claims, you have two years, generally, to file a wrongful death claim. The first and most important thing in determining whether or not you have a wrongful death claim for the negligence that somebody else caused is to find and hire an experienced trial attorney.
What is important to know about wrongful death claims in Texas?
What is important to know about a wrongful death claim in Texas is that you have two years to file your claim for wrongful death. Wrongful death claims are different from other types of claims because the damages are so catastrophic. A person has lost a loved one – a husband, a wife, a child or a parent. It is very important that you find and hire an experienced trial attorney with experience in this area of the law.
Contact Our El Paso Wrongful Death Lawyers Today for a Free Case Evaluation
Our attorneys know how difficult it is for you and your family to deal with this loss, and we want to assist you. We can take the burden of the wrongful death case off of your shoulders and do the work on your behalf. Our El Paso wrongful death lawyers know what they are doing and will ensure that each step they take is in your best interest. We will not back down, and we will fight to get you the results that you deserve. Please do not hesitate to call our office today to set up a free initial consultation to get to know more about the case process and how we can help you recover for the damages your family has suffered.Client Reviews
