A wrongful death claim is the civil case a family brings when someone dies because of another person's or company's negligence: a fatal crash on I-10 or Loop 375, an 18-wheeler collision near the Zaragoza bridge, a drunk driver, a dangerous property, a workplace accident or a fatal dog attack. Beyond the grief, El Paso families face funeral costs, lost income the household depended on, and insurance adjusters who call within days. This claim exists so that the people who depended on your loved one — a spouse, children and parents — are not left to absorb those losses alone. Navar Law represents families throughout El Paso County with the patience these cases demand.
Texas Civil Practice and Remedies Code Chapter 71 creates two related claims. The wrongful death action under section 71.004 belongs to the surviving spouse, children and parents — not siblings — and compensates their own losses: lost financial support, lost companionship and guidance, mental anguish, and funeral expenses. The survival action under section 71.021 belongs to the estate and recovers what the deceased could have claimed, including conscious pain before death and medical bills. Either the family members or the estate's personal representative may file, and if no family member sues within three months, the executor or administrator may. The limitations period is two years from the date of death under section 16.003(b), and Chapter 33 proportionate responsibility applies.
We take these cases at the family's pace. Early on, we send preservation letters, obtain the crash or incident report and autopsy findings, identify every insurance policy and responsible party, and shield the family from adjuster calls. Where needed, we open a probate proceeding so an administrator can bring the survival claim, and we coordinate with our probate practice. Most El Paso wrongful death claims settle through a detailed demand and negotiation without a lawsuit; when an insurer refuses a fair offer, we file suit in El Paso County district court with the family's approval. Settlements involving minor children require court approval, a short protective hearing we handle. No family should negotiate the value of a life with an adjuster alone.
Who can bring a wrongful death claim in Texas
Only the surviving spouse, children (including adopted children) and parents of the deceased may recover under section 71.004. Siblings, grandparents, fiancés and stepchildren who were never adopted cannot, though a common-law spouse can if the informal marriage is proven. Any one of the eligible family members may file for the benefit of all, and the recovery is divided among them in proportion to their individual losses, either by agreement or by the jury. The survival claim is separate and passes through the estate to the heirs or beneficiaries under the will.
Damages, insurance and the timeline in El Paso
Wrongful death damages include the financial support the deceased would have provided over a working life, the value of household services, lost care, guidance and companionship, mental anguish of each family member, and funeral and burial costs. The estate's survival claim adds the deceased's medical bills and conscious pain and suffering. Exemplary damages are available under section 71.009 for a willful act or gross negligence, which is common in drunk-driving and trucking deaths. Because these claims are large, liability limits are almost always exhausted, so we search for every policy: the at-fault driver's, an employer's, umbrella coverage, and the family's own UM/UIM.
Realistically, a wrongful death claim in El Paso takes six to eighteen months to resolve, longer if suit is filed or a probate administration is required first. We explain each stage in advance so there are no surprises during an already difficult time.
What's included
- Free, unhurried consultation and written contingency agreement — nothing upfront
- Evidence preservation letters and collection of crash, incident, autopsy and 911 records
- Identification of every responsible party and every available insurance policy
- All insurer and defense contact handled by our office so the family is not pressured
- Coordination of any probate administration needed for the survival claim
- Economic loss analysis, detailed demand and negotiation with each insurer
- Court approval of minors' settlements and lawsuit in El Paso County if an insurer refuses a fair offer
How it works
1. Meet with the family
We meet at our office, your home or by video, learn what happened and who depended on your loved one, explain Chapter 71 in plain language, and sign a contingency agreement when the family is ready.
2. Investigate and protect the claim
We preserve evidence, gather reports and records, retain experts where needed, open probate if the survival claim requires it, and document the financial and personal losses of each eligible family member.
3. Demand, resolution and distribution
We present a comprehensive demand and negotiate with every insurer. If a fair offer is refused, we file suit with your approval. Once resolved, we obtain any required court approval and distribute the recovery to each family member.