There is no greater tragedy than losing a loved one. Every day people lose their loved ones to senseless tragedies that could have been avoided with the exercise of care. Whether your loved one's death was caused by a defective product, someone's negligence such as a property owner, or in a fatal accident (motor vehicle accident, workplace accident), the personal injury attorneys of The Major Law Firm in San Antonio are there for you. Losing a loved one unexpectedly poses a myriad of problems and legal issues to deal with. You may be facing significant financial hardships along with your emotional loss.
What is Wrongful Death?
A wrongful death occurs when someone dies as a result of the gross negligence, recklessness, or deliberate actions of another, according to the Texas Wrongful Death Act, in Section 71.002 of the Civil Practice and Remedies Code.
Our personal injury lawyer provides legal representation and guidance to surviving family members who have suffered financial and emotional losses as a result of a wrongful act (car accidents, medical malpractice and crimes), and may help them seek wrongful death compensation for their damages. We represent clients on a contingency fee basis to make legal services available to all families. Hence, you will not pay any legal fees unless we unless we secure compensation on your behalf.
An experienced wrongful death attorney in San Antonio can help you understand your best legal options for pursuing financial compensation and let you know if your family has a wrongful death case against the liable parties.
Who Can File a Wrongful Death Claim in San Antonio
A wrongful death lawsuit is when the immediate family members of the decedent make a claim for damages against the negligent party who caused the death. Under Texas law, only surviving family members (a surviving spouse, surviving children, and the natural or adoptive parents of the decedent) can file wrongful death claims.Wrongful death lawsuits work the same as personal injury lawsuits in which the wrongful death plaintiff must prove the defendant's breach of duty, wrongful or negligent actions caused the death or the injuries that ultimately led to death. They are civil court court matters which are separate from any criminal charges.
Children (including adults) can sue the responsible party for the wrongful death of a parent. A child may bring a wrongful death action for loss of the father where the father dies before the child is born. A child born out of wedlock can hire a personal injury attorney in order to recover compensation and damages for the death of his or her mother or father, if the paternity of the father is established.
After an accident in which the deceased person might have brought a personal injury claim if they lived, a decedent’s executor or administrator may bring the wrongful death action. Parents of the deceased may bring an action for the wrongful death of their child. It does not matter that the child may have been an adult.
If you have any doubts, contacting a wrongful death lawyer for legal counsel is always the best way to go to ensure that you have all the information regarding possible wrongful death lawsuits. We can help you hold negligent parties responsible and get a fair wrongful death settlement for your financial recovery.
What Damages Can I Seek in a Civil Lawsuit
A wrongful death suit can never compensate for the tragic loss of a loved one, but a legal claim is meant to help you cope during this difficult time. When working with our wrongful death lawyers in San Antonio, these are the possible possible damages that you could recover:
- Past and future damages for mental anguish
- Loss of companionship and society
- Loss of consortium
- Loss of inheritance damages
- Pecuniary loss (lost wages, medical bills)
- Funeral expenses and burial expenses
- Prejudgment interest and punitive damages
Here's a short description and explanation of the main damages that an experienced lawyer can claim for you:
Mental Anguish Damages
Mental anguish damages are for the emotional pain, torment, and suffering that the Plaintiff would, in reasonable probability, experience when a loved one dies. No amount of money can bring a loved one back, but this type of damages attempt to compensate the Plaintiff for the harrowing experience resulting from the death of a loved one.
They are essentially damages for any emotional shock that you experienced as a result of the loved person's death. When considering how much damages to award the jury looks at some of the following:
- The relationship between husband and wife, or a parent and child
- The living arrangements of the parties
- The decedent’s absence for any extended period of time
- The harmony of family relations
- Common interest and activities
Companionship and Society Damages
Loss of consortium damages are exclusively for people in marital relationships. Loss of consortium damages are for the mutual right of the husband and wife to that affection, solace, comfort, emotional support, companionship, society, assistance, and sexual relations necessary to a successful marriage.
Pecuniary Loss Damages
Pecuniary loss is defined in the context of a parent of an adult child, and consists of the care, maintenance, emotional and financial support, services, counsel, and reasonable contributions of a pecuniary value the parents would in reasonable probability have received.
Because of all of the different types of damages that are available, it is important to consult with The Major Law Firm wrongful death attorneys in order to determine what types of damages are appropriate for your case. We will help you get a fair compensation for your loss.
Statute of Limitations
It's important to note that the wrongful death statute of limitations is different by state. If you want to seek compensation, it's crucial to consult an attorney that is familiar with the law of the state where the incident happened and that has sufficient experience with wrongful death claims.
In San Antonio, in the state of Texas, there is a two-year statute of limitations for wrongful death cases, as well as personal injury claims. Therefore, the appropriate executor or personal representative must file a wrongful death lawsuit within two years of the deceased person 's death. Do not hesitate to call The Major Law Firm today and a wrongful death lawyer will give you a no obligation consultation.
Commons Causes of Wrongful Death
A wrongful death is the worst outcome of someone else's negligence. Negligent actions or omissions by a negligent party that represents a breach of duty of care could result in an untimely death or an unexpected loss. A wrongful death claim can be complex and dealing with an insurance company is always difficult. That's why our attorneys are prepared for everything.
In San Antonio, common causes include:
- Medical malpractice or medical negligence
- Motor vehicle accident caused by another driver (car, truck, and motorcycle accidents)
- Nursing home abuse
- Workplace accidents or injuries
- Pedestrian accidents
- Defective and dangerous products
- DUI and DWI
- Animal attacks
- Criminal activity
If your loved one died because of fatal injuries under any of these circumstances or another one of the many possible fatal accidents, get in touch with a San Antonio wrongful death attorney to receive a free case evaluation and take legal action.
Our experienced wrongful death lawyers in San Antonio, Texas will gather evidence and hire expert witnesses that will help you with your wrongful death claim against one or more defendants. Our legal team will help you seek justice.
Contact an Experienced San Antonio Wrongful Death Lawyer
At the Major Law Firm, we will work with a team of wrongful death attorneys in order to obtain most compensation possible for your case. We frequently work with accident reconstructionists, economists, life care planners, medical experts, vocational experts, and others.
If you or a loved one has lost a family member and you believe that someone is at fault, call The Major Law Firm today and seek legal advice. The personal injury attorneys at The Major Law Firm will offer free consultations and help determine your path to recovery. Our attorneys work tirelessly, are available 24/7 and will travel to meet you.