Defending Our Clients’ Rights for Over 25 Years
Wrongful Death Lawyer in El Paso, TX, and Hobbs, NM
Law Office of Javier Martinez, Jr. and The J. Martinez Law Firm, L.L.C.
Words can never truly express the pain a family goes through when their loved one dies, especially when the death occurred due to the negligent or reckless acts of another person or entity. While nothing can truly right the wrong you have experienced, our team firmly believes that the responsible party should be held liable.
At the Law Office of Javier Martinez, Jr. and The J. Martinez Law Firm, L.L.C., we still stop at nothing to secure rightful compensation for your and your family’s losses. We will use the full extent of our knowledge, skills, and resources to bring you the justice you deserve. For skilled and compassionate legal guidance, reach out to our team today.
Common Causes of Wrongful Death
Wrongful deaths result from a wide range of situations or circumstances. Our team has assisted countless families in obtaining compensation for the wrongful death of their loved ones, including cases involving:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Work accidents
- Oilfield accidents
- Slip and falls
- Product liability
- Criminal acts, such as assaults
Types of Damages in a Wrongful Death Case
There are three general categories of damages available in wrongful death cases:
- Economic Damages. These include medical expenses incurred before your loved one’s death, loss of present and future income and benefits, loss of household services, and cost of burial or funeral services.
- Non-Economic Damages. These include intangible losses, such as mental anguish, pain and suffering, loss of care, love, and protection, loss of companionship, and loss of consortium (if the claimant is a surviving spouse).
- Punitive Damages. Though rarely awarded, these damages aim to punish the defendant for especially egregious conduct and make an example out of this person to deter future behavior.
The emotional and financial cost of losing a loved one can be substantial. Our personal injury lawyer provides legal services to surviving family members wishing to file wrongful death claims without charging any upfront fees. Contact us today to learn how we may be able to assist you and your family.
Filing a Wrongful Death Claim
In Texas, only certain family members are eligible to file a wrongful death lawsuit for the loss of a loved one. One of the following may file separately or on behalf of all eligible persons:
- Surviving spouse
The state of New Mexico operates a bit differently regarding wrongful death lawsuits. Here, only a “personal representative,” also called an “executor,” of a deceased person’s estate may file a wrongful death lawsuit.
Frequently Asked Questions
What’s the Difference Between a Criminal Case and a Wrongful Death Lawsuit?
If someone dies, criminal charges may be filed against the person who caused the death. The case is filed by the government, with prosecuting attorneys building and handling the case. On the other hand, a wrongful death lawsuit is considered a civil lawsuit and is brought on behalf of a surviving family member or multiple family members by a wrongful death attorney for financial compensation.
How Long Do I Have to File a Wrongful Death Claim?
In Texas, the statute of limitations for wrongful death cases is two years from the date that the death occurred, while the statute of limitations for New Mexico wrongful death cases is three years. However, it’s always recommended that such cases are filed as close as possible to the date that the death occurred to ensure evidence needed to build a solid wrongful death case is preserved.
How Are Wrongful Death Lawsuits Paid Out?
Wrongful death lawsuits are paid out either as a lump sum, in which you receive the money all at once, or as a structured settlement, in which you receive regular and ongoing payments on a designated schedule. It is paid out either by the defendant or their insurance company, which will typically dictate whether you can receive the money in a lump sum or a structured settlement. For instance, an insurance company may be able to pay a large amount all at once, but an individual may need to pay payments.
Experienced Wrongful Death Lawyer in El Paso and Hobbs
We understand that no amount of money can fully take away the pain of losing someone you love. With that said, wrongful death lawsuits do provide a sense of closure for surviving loved ones and the financial compensation necessary to move on without the physical presence of the lost individual.
At the Law Office of Javier Martinez, Jr. and The J. Martinez Law Firm, L.L.C., our compassionate teams are dedicated to pursuing justice on your family’s behalf and holding responsible parties accountable. Please don’t hesitate to get in touch with our teams in either Texas or New Mexico for a free case review — El Paso, TX: (915) 751-0896 | Hobbs, NM: (575) 393-0021