Wrongful Death Lawyer in El Paso: A Step-by-Step Guide to Filing a Claim
- Sebastian Nuñez Injury Law
- Jul 24
- 4 min read
Updated: Aug 18
When Loss is Preventable
No one should have to grieve the loss of a loved one due to someone else’s negligence. Yet in El Paso, wrongful death cases occur more often than most realize—whether from car accidents, workplace incidents, unsafe premises, or defective products.
If you're navigating this kind of unimaginable loss, know that you're not alone. Filing a wrongful death claim is not about money—it's about accountability, closure, and securing your family's future. In this guide, we break down what a wrongful death claim looks like in Texas, who can file, and how working with a wrongful death lawyer in El Paso can support you through every legal and emotional step.
What is a Wrongful Death Claim?
Under Texas law, a wrongful death occurs when a person dies due to the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity.
This can include:
Car or truck accidents caused by negligence or DUI
Medical malpractice
Defective products
Workplace injuries
Premises liability accidents (unsafe property conditions)
Criminal acts
If your loved one would have had grounds for a personal injury lawsuit had they survived, you likely have grounds for a wrongful death claim.
Who Can File a Wrongful Death Claim in El Paso?
According to Texas Civil Practice and Remedies Code § 71.004, only certain people can file:
The surviving spouse
Children (biological or adopted)
Parents (biological or adoptive)
These parties can file individually or collectively. If no action is taken by these individuals within three months, the executor or personal representative of the estate may file—unless a family member requests otherwise.
Time Limit: The Statute of Limitations in Texas
You have two years from the date of the person’s death to file a wrongful death claim in El Paso and across Texas. This timeline is crucial. Waiting too long can forfeit your right to legal compensation.
Some exceptions apply in rare situations, such as if the liable party concealed the cause of death or if the plaintiff is a minor.
Pro tip: Don’t delay. Contact a wrongful death lawyer in El Paso as soon as you can to preserve evidence and meet critical deadlines.
Step-by-Step Guide to Filing a Wrongful Death Claim in El Paso
Step 1: Contact a Wrongful Death Lawyer in El Paso
Navigating grief is already overwhelming—trying to handle legal filings at the same time is nearly impossible. A qualified attorney like Sebastian Nuñez will guide your family through every step while protecting your rights.
Step 2: Gather Evidence
Your attorney will begin an investigation to collect critical evidence, which may include:
Police or accident reports
Medical records and autopsy results
Witness statements
Surveillance or dashcam footage
Expert witness analysis (accident reconstruction, medical opinions, etc.)
Step 3: Identify the Liable Party
Wrongful death claims can be filed against:
Individuals (e.g., a reckless driver)
Companies (e.g., an employer or product manufacturer)
Property owners (e.g., unsafe premises)
Medical providers
In some cases, multiple parties may be liable.
Step 4: File the Claim
Once evidence is collected, your lawyer will file a civil wrongful death lawsuit in an El Paso court. This will include:
A detailed complaint outlining the facts
Legal arguments
Damages being sought
Step 5: Attempt to Settle
Most wrongful death cases are settled before trial. Your attorney will negotiate with the insurance companies or legal representatives of the at-fault party. If a fair settlement cannot be reached…
Step 6: Trial
Your case may proceed to trial where your attorney will present the evidence, call witnesses, and fight for justice before a judge or jury.
What Compensation Can You Recover?
In El Paso wrongful death cases, compensation may include:
Economic Damages
Lost income (past and future)
Medical expenses prior to death
Funeral and burial costs
Loss of household services
Non-Economic Damages
Pain and suffering
Loss of companionship, love, and support
Emotional distress
Punitive Damages (in some cases)
These are awarded when the defendant’s actions were especially reckless or intentional, such as in DUI fatalities or gross negligence.
Local Insight: Wrongful Death Cases in El Paso
According to 2024 data from the Texas Department of Transportation, El Paso County experienced:
55 traffic fatalities, with DUI and distracted driving as leading causes
5 workplace deaths related to construction and oilfield jobs
Hundreds of serious injury crashes, many involving commercial vehicles
Additionally, recent national product recalls (such as unsafe baby products and defective car parts) have led to injury and death cases across Texas, including in El Paso. Families in our community are impacted daily—and many never realize they have legal options.
Need help? Connect with a trusted wrongful death lawyer in El Paso to evaluate your situation privately and for free.
How a Wrongful Death Lawyer in El Paso Can Help
At the Sebastian Nuñez Law Firm, we handle every aspect of your case so you can focus on healing. Here's what we offer:
Free case evaluation
No fees unless we win
Local experience with El Paso courts and insurers
Personalized legal support with compassion
Transparent communication throughout the process
We’re not just here to win your case—we’re here to stand beside your family with empathy and strength.
Common Questions About Wrongful Death in El Paso
Can I file if my loved one was partially at fault?
Yes. Texas follows a modified comparative fault rule. As long as your loved one was less than 51% at fault, you can still recover damages—though the amount may be reduced.
What if my loved one was undocumented?
Undocumented status does not affect your right to file a wrongful death claim in Texas.
How much is a wrongful death case worth?
It varies widely depending on the case facts. A wrongful death lawyer in El Paso will help estimate value based on economic losses, pain and suffering, and other factors.
Conclusion: Justice Starts With One Call
Losing someone is always painful—but losing someone because of someone else's actions is something no family should ever endure alone.
If you believe your loved one’s death was caused by negligence, don’t wait. Contact Sebastian Nuñez, a trusted wrongful death lawyer in El Paso, to explore your rights and begin the path to justice.
Related Links:
Recent Product Recalls Affecting Families in El Paso
This blog is for informational purposes only and does not constitute legal advice. For advice regarding your specific situation, please contact Sebastian Nuñez Injury Law directly.
