6216 Gateway Blvd. East, El Paso, TX 79905

No attorney fees unless a recovery
is made and FREE initial consultation



El Paso, Texas, and New Mexico Wrongful Death Attorney

Midland County personal injury fatality attorney

Lawyer Representing Families of Fatal Accident Victims in West Texas and New Mexico

Any type of personal injury can be devastating for a family. However, in the worst cases, a loved one is killed because of the negligence of someone else. This not only causes a great deal of emotional anguish, but it can have a huge impact on a family's financial situation due to the loss of the income and other benefits earned by their loved one. Families in these situations should be sure to understand their legal options for recovering compensation for their losses they deserve.

Attorney James Kennedy understands the devastation that comes with the loss of a family member and is dedicated to fighting on behalf of families in these situations. Throughout his 25 years of legal experience, Attorney James Kennedy has represented countless clients throughout Texas and New Mexico in personal injury and wrongful death cases. Attorney Kennedy has taken cases to trial every year in pursuit financial compensation they deserve that would fully address the loss your family has experienced.

Wrongful Death Claims in Texas

Under Texas laws, wrongful death occurs if a person was killed because of someone else's carelessness, neglect, unskillfulness, or wrongful acts. A wrongful death claim may be filed by the deceased person's surviving spouse, their children, or their parents. The damages that family members may recover include:

  • Financial losses - This includes the income and benefits that would have been earned by the deceased person. It may also include the loss of inheritance that a person would have left to their loved ones if they had lived for the rest of their expected lifetime.
  • Loss of companionship - This addresses the loss of love and support the deceased person would have provided to their family members, including instruction, advice, counsel, or personal care.
  • Mental anguish - Family members may be compensated for the grief, sorrow, and emotional pain and suffering they have experienced.
  • Exemplary damages - If a death was caused by a person's gross negligence or willful actions, that person may be required to pay additional punitive damages.
  • Survival damages - This includes any damages experienced by the deceased person from the time of the injury until their death, including medical expenses, physical and emotional pain and suffering, and funeral and burial expenses.

In most cases, the statute of limitations for wrongful death cases in Texas is two years from the date of the person's death. However, statute of limitations can vary depending on which state the accident occurs in and the statute of limitations can vary with governmental entity claims and other claims which may have specific notice requirements can have shorter limitations because of the type of entity involved. Family members may pursue a wrongful death claim against any parties who were responsible for their loved one's death, including the person who directly caused the death, as well as their employer. For example, both a truck driver and the trucking company that employed them may be held liable for a wrongful death which occurred in a truck crash.

Contact a Texas and New Mexico Wrongful Death Lawyer

While no amount of money can bring back a lost loved one, financial compensation recovered through a wrongful death lawsuit can help alleviate some of a family's losses. Those who were at fault for a fatality should be held responsible for the damages done to a family, including both financial and emotional harm.

When pursuing a wrongful death claim, you need a dedicated attorney that will fight for your family. Attorney James Kennedy is Board Certified in personal injury trial law by the Texas Board of Legal Specialization, and he has represented clients throughout Texas, New Mexico, and Arizona in a wide variety of cases. To schedule a free consultation, contact my office at 915-544-5200. I represent clients in the Permian Basin, including El Paso, Odessa, and Midland, TX and Las Cruces, and Carlsbad, NM. Se Habla Español.

Back to Top