No legal guide can ease the pain of losing someone you love. When that loss was caused by another person's negligence, recklessness, or intentional harm, the grief is compounded by a sense of injustice that is difficult to put into words. A family in the Lower Valley who lost a father in a truck crash on I-10. A mother in Northeast El Paso whose child was killed by a speeding driver. A wife in the Westside whose husband died from injuries sustained in a preventable workplace accident.
These families deserve answers, accountability, and financial security. Texas law provides a path forward through wrongful death claims, and while no amount of money can replace the person you lost, it can prevent a tragedy from becoming a financial catastrophe for the family left behind. This guide explains who can file, what you can recover, and the deadlines you cannot afford to miss.
Who Can File a Wrongful Death Claim in Texas
Texas Civil Practice and Remedies Code Chapter 71 limits who can bring a wrongful death lawsuit. Only three categories of family members have standing to file:
- The surviving spouse of the deceased
- The children of the deceased, including adopted children
- The parents of the deceased, including adoptive parents
These eligible family members can file individually or join together in a single lawsuit. There is no requirement that all eligible parties agree to participate. If one family member wants to pursue a claim and another does not, the willing party can proceed on their own behalf.
If no eligible family member files a wrongful death lawsuit within three months of the death, the personal representative of the deceased's estate may bring the claim. However, any eligible family member can block the estate representative from filing by submitting a written objection to the court.
It is important to note that siblings, grandparents, and unmarried domestic partners do not have standing to file a wrongful death claim under Texas law, regardless of how close their relationship was to the deceased.
What You Can Recover
A wrongful death claim allows surviving family members to seek compensation for the losses they have personally suffered as a result of their loved one's death. These damages fall into several categories:
Loss of companionship and comfort. Texas law recognizes that the death of a spouse, parent, or child causes a profound loss of love, guidance, nurturing, and emotional support that cannot be replaced. This is often the largest component of a wrongful death award.
Mental anguish and emotional suffering. Surviving family members can recover compensation for the grief, sorrow, and psychological pain caused by the death. This includes the trauma of learning about the death, witnessing its aftermath, and living with the absence every day.
Lost financial support. If the deceased was a provider for the family, survivors can recover the income, benefits, and financial contributions the deceased would have provided over their expected lifetime. This includes wages, health insurance, retirement contributions, and household services.
Loss of inheritance. The family can seek compensation for the inheritance they would have received had the deceased lived a full life, including savings, investments, and property accumulation.
Funeral and burial expenses. The reasonable costs of the funeral, burial or cremation, and related services are recoverable.
Medical expenses. If the deceased received medical treatment between the injury and their death, those costs can be included in the claim.
In cases involving egregious conduct, such as a drunk driver or a company that knowingly ignored safety regulations, punitive damages may also be awarded to punish the wrongdoer and deter similar behavior.
Common Causes of Wrongful Death in El Paso
Wrongful death claims arise from many types of incidents. In El Paso and the surrounding region, the most common causes include:
Motor vehicle accidents. Car crashes on I-10, US-54, and El Paso's major arterials are the leading cause of wrongful death claims locally. High-speed collisions, head-on crashes, and accidents involving impaired or distracted drivers frequently result in fatalities.
Commercial truck accidents. El Paso's position as one of the busiest international trade corridors in North America means heavy truck traffic on I-10 and Loop 375. When an 18-wheeler strikes a passenger vehicle, the size and weight differential makes fatal outcomes tragically common.
Workplace accidents. Construction sites, manufacturing facilities, oil and gas operations, and warehouse environments across El Paso and West Texas see preventable workplace deaths caused by falls, equipment failures, electrocutions, and struck-by incidents.
Medical malpractice. Surgical errors, misdiagnoses, medication mistakes, and failures in hospital care can result in a patient's death. These cases require expert medical testimony and thorough investigation.
Pedestrian and bicycle accidents. El Paso's wide, high-speed streets like Dyer, Alameda, and Montana are especially dangerous for pedestrians and cyclists, particularly in areas without adequate crosswalks or lighting.
The Two-Year Deadline
Texas imposes a strict two-year statute of limitations on wrongful death claims, running from the date of the deceased's death. If you do not file a lawsuit within this window, the court will almost certainly dismiss your case, and you will lose your right to compensation permanently.
Two years may sound like a long time, but wrongful death cases require extensive investigation, expert consultation, and evidence preservation. Waiting too long can allow critical evidence to disappear, witnesses to relocate, and memories to fade. Companies involved in workplace or trucking deaths may also destroy maintenance records, safety logs, and surveillance footage if they are not put on notice through a preservation letter.
If the death occurred in New Mexico, such as a crash on I-10 near Las Cruces or Anthony, the statute of limitations is three years. An attorney can help you determine which state's law applies to your case.
How Comparative Fault Affects Your Claim
Texas follows a modified comparative fault rule. This means that if your loved one was partially at fault for the incident that caused their death, the family can still recover compensation, but the award is reduced by the deceased's percentage of fault.
There is one critical threshold: if the deceased is found to be 51 percent or more at fault, the family recovers nothing. This makes it essential to have an attorney who can effectively present the evidence and counter any attempts by the defense to shift blame onto the deceased, a common insurance company tactic.
How Lovett & Murray Supports Grieving Families
We understand that no family should have to navigate the legal system while grieving. When you come to Lovett & Murray, we handle every aspect of the wrongful death claim so you can focus on your family. That includes investigating the cause of death, identifying all liable parties, gathering evidence, consulting experts, negotiating with insurance companies, and taking the case to trial if a fair settlement cannot be reached.
We have spent more than 30 years serving families across El Paso, West Texas, and Southern New Mexico. We know the local courts, the insurance adjusters, and the defense attorneys who handle these cases, and we know how to hold negligent parties accountable.
We work on a contingency fee basis. You pay nothing upfront, and you owe us nothing unless we recover compensation for your family.
Contact Lovett & Murray today for a free, confidential consultation. Call 915-757-9999 or reach out online. We are here to help your family find a path forward.