There is nothing that can make the loss of a family member easy, especially when it is due to the reckless behavior of others. If you believe your family member lost their life as a result of the careless actions of another, our legal team at The Texas Law Dog can help.
We can answer your questions and build a strong claim for you. Meet with our wrongful death lawyer in San Antonio for immediate guidance. Our San Antonio personal injury lawyer is available to discuss your case 24 hours a day, seven days a week.
Determine Who Can File a Wrongful Death Claim in Texas
As a San Antonio wrongful death attorney, we often see people unsure if they have the right and ability to file a claim like this. The law makes it clear that if your family member died as a result of negligence, the immediate family can take legal action to recover damages.
Typically, this means that the spouse of the person who died, the child of the person who died, or, in cases where neither is available, the parents of the decedent can file a claim. In situations in which none of these parties exists, a three-month period must elapse.
At that point, the decedent’s executor or personal representative from their estate will have the right to seek a lawsuit against the at-fault party. There are situations in which the surviving family members may have the right to seek action but may not want to do so. It is the surviving family’s right to ask the personal representative not to take action in these cases.
Before you decide whether to file a claim, we encourage you to have a free, no-obligation consultation with our legal team. Let us offer insight into your rights and guidance on what to expect. We know that this decision can be difficult, but with years of experience to help you, we can take the burden off your shoulders. That allows you to fight for justice for your loved one.
Understanding Wrongful Death in Texas
In Texas, wrongful death falls under Tex. Civ. Prac. and Rem. Code §§ 71.001–71.003. This statute clarifies that a person, company, or other entity is liable if another person dies as a result of its negligence. Wrongful death involves a range of negligence types, including carelessness, neglect, unskillfulness, or default. Some of the most common causes of wrongful death that our legal team sees include:
- Accident–based cases: This includes motorcycle, car, and truck accidents, as well as those related to unsafe property, defective products, or defective materials
- Medical–related accidents: Medical malpractice, wrongful death, may include surgical errors, birth injuries, failure to diagnose, or other instances in which a person loses their life due to a doctor, hospital, or other licensed professional’s negligence
- Intentional acts: Wrongful death may also be applicable in situations where someone causes the death of another purposefully, including in acts of violence like assault or violent crimes
If any of these sound like potential losses your loved one suffered, seek a free consultation with our legal team at The Texas Law Dog. Our San Antonio wrongful death lawyer will work closely with you to understand what occurred, gather evidence to support your claims, and then build a strong case to hold those who did this accountable.
San Antonio Wrongful Death Lawyer Near Me (817) 775-5364
Types of Damages Recoverable in a Wrongful Death Accident
The family of a person who lost their life has the right to seek damages, which is a monetary award, to recover their losses and the losses their loved one endured.
The law allows family members to seek damages they can document and prove, which makes it critical to work with a skilled, local wrongful death lawyer to calculate these losses. Common damages may include:
- Medical costs: This includes medical costs from the time of the accident occurring until their death
- Funeral and burial costs: This includes all appropriate and reasonable costs related to their burial
- Loss of income: You can file a claim for any income lost due to injury, from the time of the accident until the death
- Loss of earnings and dependent compensation: Family can also seek compensation for loss of income and benefits that they would generally receive if the individual did not die, including long-term financial compensation for dependents
- Loss of companionship: This type of loss includes the loss of love and support, as well as companionship due to the death
- Loss of inheritance: If a person expected to receive an inheritance, especially in situations where a person is young with a long work career ahead of them
These losses do not fully account for what you are facing and what your loved one lost. In every situation, it is essential to work with our legal team to understand your rights better.
We work hard to make sure you seek fair compensation based on factors such as your loved one’s age, the cause of the accident, and the pain they and you will continue to suffer. Review our FAQs today.
Do Not Wait to Take Legal Action
In Texas, the family of the victim has two years from the date of their loved one’s death to file a lawsuit in a Texas court of law to seek compensation. This statute of limitations is short, as it takes time to investigate and then build a claim in these situations.
However, if you contact our law firm promptly, we will work with you to pursue legal action to the fullest extent permitted by law.
Set Up a Free Consultation with a Wrongful Death Attorney in San Antonio Now
At The Texas Law Dog, we listen to our clients, learn from what happened to them, and then fight for them. Let us conduct a comprehensive investigation to develop a claim that will get the insurance company’s attention.
Seek a free consultation with our wrongful death lawyer in San Antonio now to learn about your rights and legal actions.
