When you have unexpectedly lost your loved one because of a negligent party’s actions, you should hire a wrongful death lawyer in San Marcos to represent you and help you get justice for your loved one. Even though the thought of filing a claim while you’re grieving may feel overwhelming, your lawyer will manage your case on your behalf so you do not have to worry about logistics.
The Texas Law Dog provides compassionate and loyal services when you are grieving the loss of a loved one. We negotiate for you and leverage our relationships and resources in the community to get you results.
A San Marcos personal injury lawyer from our team will stand by you and fight for you so you receive maximum compensation and opposing parties do not take advantage of your vulnerable state.
A San Marcos Wrongful Death Lawyer Helps You Recover Compensation to Alleviate Your Financial Stress
The tragic loss of a loved one is emotionally devastating and creates a noticeable void. Their loss of an immediate family member can also generate many unexpected and exorbitant expenses. Figuring out how to cover these expenses, along with daily expenses and reduced income, can be incredibly stressful.
Compensation from wrongful death settlements offsets these losses and helps pay for the following:
- The deceased’s final medical expenses
- Funeral and burial expenses
- Loss of income, benefits, and services
- Lost inheritance
- Loss of consortium, companionship, or parenting
- Pain and suffering
- Emotional distress, including anxiety and depression
- Punitive damages
A lawyer can help you determine which losses apply to your case and how much they are worth. Your lawyer will fight for you and negotiate a fair settlement that will provide you and your family with the relief you need after your loved one’s death.
The Texas Law Dog prioritizes your well-being, and we protect your right to recover these resources so you can begin to get closure and heal.
Establishing the Opposing Party’s Negligence is Part of Resolving a Wrongful Death Case
Before recovering compensation in a wrongful death case, the other party’s negligence must be well-established as a fact. Only then can you recover damages from the at-fault party.
A wrongful death attorney in San Marcos will help you gather evidence and build your case against the party who contributed to your loved one’s death. During the case, your lawyer will demonstrate that:
- The opposing party owed your loved one a duty of care to ensure that they were safe and not harmed
- The opposing party breached that duty of care through careless or reckless actions
- The opposing party’s actions caused an accident that led to the immediate or delayed death of your loved one
- The opposing party must pay for the damages they caused, and in some instances, they may also be required to pay punitive damages as well.
Your lawyer will help you demonstrate each of these elements so your case can be resolved swiftly. They will also help you determine how to proceed in your case based on the situation, such as a wrongful death trial versus settling.
The method of resolving your case may impact how your lawyer approaches demonstrating the other party’s negligence in your case.
San Marcos Wrongful Death Lawyer Near Me (817) 775-5364
Legal Actions Allowed After the Wrongful Death of a Loved One
When an individual is wrongfully killed, only certain individuals are allowed to take legal action. According to Texas Civil Practice and Remedies Code § 71, a decedent’s surviving spouse, children, or parents may file a wrongful death claim against the party responsible for the accident. If family members don’t file a claim within three months, then a lawyer can file a claim for them instead.
While family members can file a wrongful death claim to recover their financial losses and suffering, a lawyer can file a separate claim known as a survival action on behalf of the decedent’s estate. This legal action allows for recovery of the decedent’s expenses and suffering that they experienced between the accident and their death. The resulting compensation is for the benefit of surviving family members.
Both types of claims can be pursued simultaneously since they are distinct legal actions. However, they both help alleviate the financial burden surviving family members face.
It also fulfills the legal rights the decedent would have had to file a claim if they had lived. To understand how both of these actions work and determine how to proceed, it’s essential to talk with a lawyer as soon as possible.
Steps to Take After Your Loved One Has Been Wrongfully Killed
When you are dealing with the shock and grief of your loved one’s loss, it is natural to be uncertain about what comes next and how to proceed. That is one of the reasons why you should hire a lawyer as early as possible. They can provide direction on what steps to take and how to start your claim, while managing the logistics so you can focus on your family and grieving.
You will also need to gather as much evidence as possible, and a lawyer can help you with this as well. It’s important to keep thorough records and keep all documentation related to the accident and their care, such as police reports, photos, medical test results, medical bills, and pay stubs. The decedent’s death certificate and autopsy report may also need to be submitted and reviewed in the claim.
It’s also important to avoid delays in starting your claim. Texas allows you to file a claim within two years of the date of death before cutting off further rights to legal action, according to Texas Civil Practice and Remedies Code § 16.003.
The Texas Law Dog Provides Compassionate and Relentless Representation
The Texas Law Dog stands up for you and your family when you are reeling from the wrongful death of your loved one. We understand the pain, confusion, and overwhelm you’re feeling, and we fight for you throughout every stage of your case.
A San Marcos wrongful death attorney will provide you with compassionate and trusted counsel. Reach out to us today to schedule your free consultation.
