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Wrongful Death Attorney in El Paso TX
Losing a loved one to someone else's negligence is devastating. Karl Luth handles wrongful death claims with the sensitivity your family deserves while aggressively pursuing every dollar owed.
When someone you love is killed because of another person’s negligence, recklessness, or intentional misconduct, the grief is overwhelming — and the last thing you should have to worry about is money. Karl Luth handles wrongful death claims throughout El Paso with the compassion your family deserves and the aggressive legal representation you need. From fatal car accidents on I-10 to workplace deaths and medical malpractice, Karl builds cases that hold responsible parties fully accountable under Texas law.
Under the Texas Wrongful Death Act (Texas Civil Practice & Remedies Code Chapter 71), a wrongful death claim may be filed when a person’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another person or company. The law recognizes that the surviving family members of the deceased suffer real, compensable losses — financial, emotional, and relational — that deserve legal remedy. Eligible family members who may file a wrongful death claim in Texas include the surviving spouse, children (including adult children), and parents of the deceased.
If no eligible family member files a wrongful death claim within three months of the death, the executor or administrator of the deceased’s estate may file on the family’s behalf — unless the family members instruct otherwise. In addition to the wrongful death claim itself, the estate may also bring a separate survival action under Texas Civil Practice & Remedies Code Section 71.021, which allows recovery for the pain, suffering, and mental anguish the deceased experienced between the time of injury and the time of death.
Common causes of wrongful death claims that Karl Luth handles in El Paso include fatal car accidents, 18-wheeler and commercial truck accidents, workplace and construction site accidents, medical malpractice, slip and fall accidents, and deaths caused by defective products or toxic exposure.
Wrongful death damages in Texas are divided into two categories: those recoverable by the surviving family members through the wrongful death claim, and those recoverable by the estate through the survival action. Family members may recover compensation for the loss of financial support the deceased would have provided over their expected lifetime, the loss of companionship, care, and consortium, mental anguish and grief suffered by surviving family members, and the loss of inheritance — meaning the assets the deceased would have accumulated and passed on had they lived.
The estate’s survival action may recover compensation for the medical expenses incurred between the time of injury and death, funeral and burial expenses, and the physical pain, suffering, and mental anguish the deceased personally experienced before dying. In cases involving gross negligence or intentional misconduct — such as a drunk driver who kills someone — Texas law also permits punitive damages, which are designed to punish the defendant and deter similar conduct in the future.
The total value of a wrongful death case depends on many factors, including the age and earning capacity of the deceased, the number and ages of surviving dependents, the circumstances of the death, and the degree of the defendant’s negligence. Karl Luth works with economic experts, life care planners, and vocational specialists to build a comprehensive damages calculation that reflects the true lifetime value of your loss.
When a drunk driver kills someone on El Paso’s roads, the family is entitled not only to compensatory damages but also to punitive damages under Texas law. Texas courts have consistently held that driving while intoxicated constitutes gross negligence — a conscious disregard for the safety of others — which opens the door to exemplary damages that can substantially increase the total recovery. These cases often involve both the drunk driver personally and, in some circumstances, the establishment that served them alcohol under the Texas Dram Shop Act.
See our drunk driving victim attorney page for more detailed information about pursuing punitive damages and Dram Shop liability. Karl Luth has experience pursuing maximum compensation in these tragic cases and understands the additional legal avenues available when a death is caused by an impaired driver.
El Paso’s economy includes significant construction, manufacturing, and logistics activity, and workplace fatalities remain a serious concern throughout the region. When a worker is killed on the job, the family may have claims beyond the workers’ compensation system — particularly when the death was caused by a third party’s negligence (such as a subcontractor, equipment manufacturer, or property owner) or when the employer did not carry workers’ compensation insurance. Karl Luth investigates all potential sources of liability in workplace death cases to ensure the family receives full compensation.
For workers in the oil and gas industry — including those who work in the Permian Basin and travel through El Paso — fatal oil field accidents often involve complex liability questions involving multiple contractors, equipment manufacturers, and energy companies. Karl Luth has experience navigating these multi-party cases and holding every responsible party accountable.
Karl Luth represents wrongful death families throughout El Paso and the surrounding communities of El Paso County, including Horizon City, Socorro, Canutillo, Anthony, Vinton, and Fort Bliss. We understand that families in these communities often face the same dangerous roads, the same negligent employers, and the same insurance companies as those in the city — and they deserve the same aggressive legal representation.
If your family has lost a loved one due to someone else’s negligence anywhere in the El Paso area, contact Karl Luth immediately. We offer free, confidential consultations and are available 24 hours a day, 7 days a week. The statute of limitations for wrongful death claims in Texas is generally two years from the date of death — do not wait to get legal advice.
Frequently
Texas has a two-year statute of limitations for wrongful death claims, running from the date of death. There are very limited exceptions to this deadline, and missing it typically bars the family from recovering any compensation. Contact Karl Luth as soon as possible — the earlier we begin investigating, the stronger the case we can build.
Yes. Texas follows modified comparative negligence. As long as your loved one was less than 51% at fault for the accident that caused their death, the family can still recover damages — though the total recovery will be reduced by the percentage of fault assigned to the deceased. Karl Luth will work to minimize any fault attributed to your loved one.
Under the Texas Wrongful Death Act, eligible filers are the surviving spouse, children (including adult children), and parents of the deceased. If none of these family members file within three months of the death, the estate’s executor or administrator may file on their behalf. Karl Luth will advise your family on who should file and how to coordinate the claim.
The timeline varies significantly depending on the complexity of the case, the number of defendants, the clarity of liability, and whether the case settles or goes to trial. Straightforward cases with clear liability may resolve in 12 to 18 months. Complex multi-party cases or those that go to trial may take two to four years. Karl Luth will keep your family informed throughout the process and work as efficiently as possible without sacrificing the value of your case.
Yes. These are two separate legal claims under Texas law. The wrongful death claim compensates the surviving family members for their own losses. The survival action, filed by the estate, compensates for losses the deceased personally suffered — including pain and suffering before death, medical expenses, and lost earnings from the time of injury to death. Karl Luth will file both claims where applicable to maximize your family’s total recovery.
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