Losing a loved one is a shattering experience, especially when someone else's wrongdoing or negligence caused their death. At The Major Law Firm, we understand the immense emotional pain and confusion that comes with such a loss. Our dedicated San Antonio wrongful death lawyers are here to provide compassionate legal support and aggressive legal process representation. We're committed to fighting for justice and the full financial compensation that your family deserves during this difficult time.
Our experienced wrongful death attorney in San Antonio has helped countless families with wrongful death lawsuits. Now, our San Antonio wrongful death attorney would also be proud to represent you. Find out more about filing a wrongful death suit for surviving family members below. Then, contact us to schedule a free consultation.
How Our San Antonio Wrongful Death Lawyer in San Antonio Can Help Your Family
A. Legal Expertise and Guidance
You don't have to go through this process alone. Our lawyers have in-depth knowledge of Texas wrongful death laws and will explain your rights in clear terms. We provide expert guidance on the best course of action for your specific situation. Trust us to handle the legal complexities while you focus on your family.
B. Investigating the Case
We start with a thorough investigation to uncover the truth behind your loved one's unexpected death. Our team looks into every detail, leaving no stone unturned. We work with forensic experts, review accident reports, and examine all the available evidence. Our aim is to build a strong foundation for your case.
C. Gathering Evidence
Evidence is the key to file wrongful death claims. Our attorneys gather medical records, eyewitness statements, and expert testimonies. We ensure that every piece of evidence we collect supports your claim and establishes the other party's fault. Our meticulous approach to evidence collection aims to maximize the strength of your case.
D. Identifying Liable Parties
Identifying everyone responsible for deceased person death is crucial. This may include individuals, companies, or multiple parties. Our wrongful death lawyers have the expertise to determine who is liable and hold them accountable. We're committed to ensuring that justice is served for your family.
E. Calculating Damages
Calculating the full extent of damages in a wrongful death is complex. We consider the financial impact, including lost wages, funeral and burial expenses, and the emotional toll on your family. Our lawyers use their expertise to ensure the damages we pursue reflect the true cost of your loss.
Understanding Wrongful Death Claims
A. What Constitutes a Wrongful Death
A wrongful death happens when a person's death results from another party's negligence or intentional act. Texas law defines wrongful death as one that arises from "a wrongful act, neglect, carelessness, unskillfulness, or default." Understanding this definition is the first step in pursuing justice for your loved one. You may think you were wronged, but it is our job to prove that the law supports your claim as well.
B. Common Causes of Wrongful Death in San Antonio
Wrongful deaths in San Antonio can happen in various ways. Car accidents, medical malpractice, and workplace incidents are among the most common causes. No matter the cause, seek legal advice from our attorneys. We are prepared to tackle the unique challenges of each case and work relentlessly to seek compensation for affected families. We understand that every case is different, and we will customize our claim to reflect the specifics of your case.
C. Elements of Wrongful Death Claims
There are key elements you must prove in a wrongful death claim: duty of care, breach of duty, causation, and damages. Our lawyers are adept at demonstrating these elements to support your case. We work tirelessly to show that the loss of your loved one was indeed a wrongful death that deserves maximum compensation.
Filing Wrongful Death Lawsuits in San Antonio
A. Filing a Wrongful Death Lawsuit
Starting a wrongful death lawsuit begins with filing a legal claim in court. Under Texas law, there is a two-year window from the date of a loved one's death to file a wrongful death claim. Our legal team prepares and submits all the necessary documents, keeping in mind the statute of limitations in Texas. Our wrongful death lawyer ensures that every form and filing is accurate and timely, laying the groundwork for the legal action.
B. Discovery Phase
During the discovery phase, both sides exchange information related to the wrongful death. We request documents, take depositions, and gather additional evidence to strengthen your case. Our lawyers scrutinize the information provided by the defense to find any weaknesses in their arguments. This is crucial for building the strongest possible case.
C. Negotiations and Settlements
Many cases are settled out of court. Our Texas wrongful death lawyer will negotiate with the other side to reach a fair settlement for your family. We're skilled negotiators who won't back down until we get an offer that meets your needs. We're prepared to go to trial if a satisfactory settlement isn't possible.
D. Trial and Court Proceedings
If your case goes to trial, our team will fight for you in court. We present the evidence compellingly and advocate fiercely on your behalf. Our goal is to win the jury's sympathy and secure a verdict that provides the compensation and closure your family deserves. Trust us to present your case to the judge and jury in the best manner possible.
People Who Can File a San Antonio Wrongful Death Lawsuit
In the wake of a family tragedy, certain people can file a wrongful death suit. Texas law allows the surviving spouse, children, and parents to file a claim. These immediate family members often have the most direct relationship and are significantly affected by the loss. If none of these individuals does not pursue legal action within three months, a representative for the deceased person's estate may take on the responsibility of filing instead. Reach out to us to assess your eligibility for initiating a wrongful death claim on behalf of your family.
Proving Liability in a Wrongful Death Case
To win a wrongful death case, you must prove that the defendant was responsible for death of your loved one. We need to show that the defendant had a duty to your loved one to protect him. Our lawyers illustrate how this duty existed, whether it was a driver's obligation to follow traffic laws or a doctor's duty to provide competent medical care. We are here to hold the responsible party accountable.
The Defendant Owed the Deceased a Duty of Care
Everyone has a responsibility to avoid causing harm to others, whether they're driving a car, managing a property, or performing surgery. We will show that the defendant in your case had a duty to act in a way that would prevent harm to your loved one. This is the first critical step in building your case.
In a wrongful death case, proving the defendant did not meet their duty is crucial for the case. We use evidence to show that the defendant's actions were not what a reasonably careful person would do in the same situation. This breach of duty is a pivotal part of establishing liability for your loved one's death.
The Breach of Duty Caused Death
Showing the direct link between the defendant's breach of duty and the death of your loved one is a must. We demonstrate that the defendant's actions—or lack thereof—directly led to the fatal incident. Our goal is to leave no doubt that the defendant's negligence resulted in the loss of your loved one.
You Suffered Damages Due to the Death
The final piece of the puzzle is proving that the death of your loved one caused you damages. We will present evidence of the financial and emotional impact of your loss. From funeral expenses to loss of companionship, we make sure every damage is accounted for in your claim. We need to show that you were financially harmed in some way.
Beneficiaries of a Wrongful Death Claim
The beneficiaries of a wrongful death claim are those who have suffered loss due to the death of their loved one. These individuals often rely on the deceased family member for emotional and financial support. We can help these beneficiaries seek the compensation they deserve.
Immediate Family Members
Immediate family members like spouses, children, and parents typically have the strongest claims in wrongful death cases. They are the ones who feel the void left by their loved ones the most. We work closely with these family members to ensure that the full extent of their loss is recognized and compensated.
Those who depended financially on the deceased can also be wrongful death beneficiaries in a wrongful death claim. This can include non-immediate family members or even non-relatives in some cases. Our team evaluates the financial support provided by the deceased to establish the impact of their loss.
Sometimes, extended family members such as siblings or grandparents can be eligible to file a wrongful death claim. We examine the relationship between these family members and the deceased to determine their eligibility. Our firm is dedicated to ensuring that all affected parties have the opportunity to seek justice.
Statute of Limitations for Filing a Wrongful Death Claim in San Antonio
Time is of the essence when it comes to wrongful death claims. In Texas, you generally have two years from the date when death occurs to file a lawsuit. There are exceptions to this rule, but they are rare. Reach out to us for a consultation as soon as possible.
Damages in Wrongful Death Cases
The damages in a wrongful death case reflect the profound loss suffered by the family. They include the tangible and intangible contributions the deceased would have made if they had lived. Our lawyers work to ensure that these damages are fully recognized and compensated.
Economic damages can cover a wide variety of forms of compensation, including lost wages, loss of future earnings, medical expenses, and funeral costs. We calculate these to the penny to ensure your financial recovery. Our attorneys factor in everything from the deceased's earning potential to their expected retirement benefits.
Non-economic damages cover the emotional impact of the loss, like emotional pain and suffering, loss of companionship, and mental anguish. While these damages are more challenging to quantify, they are no less important. We fight to ensure that these are given the attention and compensation they merit.
In cases where the defendant's actions were particularly reckless or intentional, you could be granted punitive damages. Our wrongful death attorneys push for punitive damages when appropriate, sending a message that such negligence will not be tolerated.
Punitive damages aren't about the loss itself but the behavior that caused it. When we go after these damages, it's because we believe that the conduct was so bad it goes beyond normal compensation. We strive to ensure that justice includes teaching a lesson to the negligent party, so others don't suffer like your family.
Contact Our Experienced Wrongful Death Attorney at The Major Law Firm for a Free Consultation
If you're facing the aftermath of a loved one's wrongful death, you don't have to navigate this trying time alone. The Major Law Firm is here to shoulder the legal burden and advocate for your family's right to compensation.
Our commitment is to provide not just legal representation but a source of support during one of the most challenging times of your life. We fight for every family as if they were our own, with respect, empathy, and dedication.
Contact us today, and let us help you find a way forward after the loss of a loved one.