After a loss in El Paso: what families should know and finding a wrongful death attorney

Last checked November 8, 2026

We are sorry for your loss. There is no rush today, but one date matters. In Texas, a wrongful death lawsuit must generally be filed within 2 years of the death.1 If the City of El Paso may be responsible, a sworn notice to the Mayor is due within 90 days, or 6 months for good cause.23

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Road map of El Paso, shown simply to mark the county served by the Office of the Medical Examiner on Alberta Avenue
A city claim after a death in El Paso has a 90-day sworn notice. Map data © OpenStreetMap contributors.

What do I need to do first after a death in El Paso?

Very little has to happen right away. Take care of your family first. When you are ready, these are the practical steps people in El Paso usually need.

  1. Ask whether the county Medical Examiner is involved. That office investigates sudden, unexpected or unexplained deaths in El Paso County and determines cause and manner of death.4 Its office is at 4505 Alberta Avenue, 915-273-3403.5
  2. Order certified death certificates from the County Clerk, 500 E San Antonio, 915-273-3200, or a walk-in annex.6 Each costs $21, and additional copies are $4.7
  3. Bring valid ID. Qualified applicants include a parent, sibling, grandparent, spouse, son or daughter, legal guardian or attorney.8
  4. Save everything: hospital bills, funeral bills, and the name of any officer or investigator who spoke with you.
  5. If a crash was involved, the report comes from EPPD Records at 911 N. Raynor St. for $6, or from TxDOT.91011

Who can file a wrongful death claim in El Paso?

Texas limits this to the closest family. The claim belongs to the surviving spouse, children and parents, and one of them can file it for all of them.12 If the family has not filed within three months, the executor or administrator must file unless all of them ask not to.13

Brothers and sisters are not on that list, even though the loss is real for them too. A separate claim can pass to the estate. The injury claim your loved one had before dying passes to heirs, legal representatives and the estate.14

The El Paso County probate courts probate wills and declare the heirs of people who die without a will.15 If your loved one had no will, or the family is unsure who should act for the estate, that court is often where the answer begins.

When can a family bring a wrongful death claim in El Paso?

A person or company can be sued if a wrongful act or carelessness by them or their workers caused a death.16 In El Paso, many of these cases come from the roads. In 2025, 70 people were killed in crashes in El Paso County.17 From 2016 to 2020, 124 people were killed while walking in the city.18

Other losses happen at work, on someone's property or in medical care. If your loved one died at work and you have no lawyer, OIEC offers free help to families after a work-related death.19

Extra damages meant to punish may be available if the death came from a willful act or gross negligence.20 No amount of money answers what a family has lost. A claim can pay for what the loss has cost you and hold the right people to account.

What if a City of El Paso vehicle or Sun Metro bus was involved?

This is the one deadline we would ask you not to let slide. A wrongful death notice to the city has the same limits as an injury claim: 90 days, or 6 months for good cause, from the date of the injury or accident.2 The written notice must be sworn by the claimant or someone authorized to act for them.3

  • It goes to the Office of the Mayor, P.O. Box 1890, El Paso 79950, by mail or email.21
  • Sun Metro is the city's transit department, so a bus crash can fall under this rule.22
  • The charter says no suit can start unless the claim first went to the Council.23
  • Other public bodies generally get notice within six months.24

A lawyer can do this for you, so you do not have to write it yourself during such a hard time.

Where is a wrongful death case filed in El Paso?

Civil cases in El Paso County are kept by the District Clerk's Civil Division, and its list of common cases includes Injury or Damage.25 The office is at 500 E San Antonio, Suite 103, 915-273-3534.26 You do not need to go there yourself. A lawyer handles the filing.

If you were part of the same crash, or a child is among those affected, tell the lawyer. A child's 2-year clock usually waits until 18, but other deadlines may not.27 A family member's own share of fault can also matter under Texas's 50% rule.28

What should we ask a wrongful death attorney in El Paso?

  • Which of us should file, and do we all need to agree?
  • Is there a government notice, and when does it end?
  • Do you need the autopsy report, and will you request it?
  • What will this cost us, and how long might it take?
  • How often will you update our family?

Questions

How long do we have to file a wrongful death suit in El Paso?

Generally 2 years from the date of death.1 A claim against the city needs a sworn notice in 90 days, or 6 months for good cause.2

Who can sue for wrongful death in Texas?

The surviving spouse, children and parents.12

How do I get a death certificate in El Paso?

From the County Clerk. It is $21, and $4 for each additional copy.7 Bring valid ID.8

What does the Medical Examiner do in El Paso?

It investigates sudden, unexpected or unexplained deaths and determines cause and manner of death.4

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Sources

  1. Tex. Civ. Prac. & Rem. Code § 16.003(b), checked 2026-11-08. “A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”
  2. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “within 90 days or within 6 months for good cause shown from the date of the injury or accident causing such death”
  3. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall be sworn to by the person claiming damages or by someone authorized by him to do so on his behalf”
  4. El Paso County, Medical Examiner, checked 2026-11-08. “the determination of cause and manner of death in sudden, unexpected, or unexplained deaths occurring within the El Paso County”
  5. El Paso County, Medical Examiner, checked 2026-11-08. “4505 Alberta Avenue El Paso, TX 79905”
  6. El Paso County, Birth & Death Certificates, checked 2026-11-08. “offices will be opened on a walk-in basis to issue out Birth and Death Records”
  7. El Paso County, Birth & Death Certificates, checked 2026-11-08. “Death Certificate - El Paso County $21 Additional Death Certificate $4”
  8. El Paso County, Birth & Death Certificates, checked 2026-11-08. “Son or Daughter of birth/death record”
  9. El Paso Police Department, Records & Reports, checked 2026-11-08. “EPPD RECORDS DIVISION 911 N. Raynor St El Paso, TX 79903”
  10. El Paso Police Department, Records & Reports, checked 2026-11-08. “Accident or Crash Reports $6.00”
  11. TxDOT, Crash reports and records, checked 2026-11-08. “TxDOT is the custodian of crash records for the state of Texas”
  12. Tex. Civ. Prac. & Rem. Code § 71.004(a)-(b), checked 2026-11-08. “An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. (b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.”
  13. Tex. Civ. Prac. & Rem. Code § 71.004(c), checked 2026-11-08. “If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.”
  14. Tex. Civ. Prac. & Rem. Code § 71.021(b), checked 2026-11-08. “A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person.”
  15. El Paso County, Probate Court #1, checked 2026-11-08. “declares the heirs of deceased persons who die without a will”
  16. Tex. Civ. Prac. & Rem. Code § 71.002(b), checked 2026-11-08. “A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.”
  17. TxDOT, 2025 Crashes and Injuries by County, checked 2026-11-08. “El Paso 67 70 274 308 3,129 4,407 1,792 2,894 11,629 34,177 957 3,629 17,848”
  18. City of El Paso, Vision Zero, checked 2026-11-08. “Between 2016 and 2020, 124 pedestrians were killed in El Paso”
  19. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost.”
  20. Tex. Civ. Prac. & Rem. Code § 71.009, checked 2026-11-08. “When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.”
  21. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “Office of the Mayor P.O. Box 1890 El Paso, Texas, 79950”
  22. Sun Metro Suspension of Service Policy, checked 2026-11-08. “the City of El Paso's Mass Transit Department (Sun Metro)”
  23. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “no suit shall be instituted against the City unless the claimant shall aver and prove that, previous to filing the original petition, the claim was presented to the Council”
  24. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  25. El Paso County District Clerk, Civil Cases, checked 2026-11-08. “Foreclosure, Garnishment, Injury or Damage, Malpractice”
  26. El Paso County, Staff Directory: District Clerk, checked 2026-11-08. “500 E San Antonio Suite 103 El Paso, TX 79901”
  27. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
  28. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”

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