Wrongful death San Antonio , TX

Get Legal Help Now! The Echavarria Law Firm in San Antonio negotiates with insurance companies, secures financial compensation for serious injuries, and holds negligent parties accountable. Get a free case evaluation—call 210-320-5633 or visit us online.

As a family-owned law firm in San Antonio, we know that nothing is as important as family. When a close loved one dies in a fatal accident, words cannot describe the mental pain and emotional pain that surviving family members feel during these difficult times. These tragic accidents become even more unbearable when the untimely death is the direct result of someone else’s negligence. While no amount of financial damages can bring your loved one back, ensuring responsible parties are held accountable can provide closure and fair compensation. Our legal team of experienced wrongful death attorneys works with compassion and diligence to help eligible family members who have lost loved ones due to negligent parties’ irresponsible actions.

What Is Wrongful Death In San Antonio ?

Under the Texas Wrongful Death Statute, Chapter 71 of the Texas Civil Practices and Remedies Codes defines what wrongful death is. A wrongful death occurs when a deceased person dies due to the breach of duty of care by another person or company.

  • The death was caused in whole or in part by the conduct of another person or company; and
  • The person or company was negligent or legally responsible for the death through their actions; and
  • There are eligible family members or dependents, such as spouses, parents, or adult children; and
  • Financial losses have been suffered as a result of the death.

The personal representative of the deceased person’s estate may also bring legal action on behalf of the estate.

Types of Damages in a Wrongful Death Law – San Antonio , Texas

In wrongful death lawsuits, eligible parties may recover various types of compensation, including:

  • Medical Expenses: Costs incurred for the deceased person’s medical care prior to the time of death.
  • Funeral Expenses: Costs associated with the funeral and burial.
  • Loss of Income and Loss of Inheritance: Financial losses due to the loss of the deceased person’s earnings and what they would have saved and left to family members.
  • Loss of Companionship and Loss of Consortium: Non-Economic Damages for the loss of love, support, and companionship.
  • Mental Pain and Emotional Pain: Compensation for the emotional distress suffered by surviving family members.

Additionally, in cases where there is “gross negligence” or intentional harm, the family is also entitled to recover punitive damages. These damages are designed to punish the party responsible for their conduct and to deter them from committing such acts in the future. personal injury lawyers can assist with the wrongful death settlement keep a party accountable.

It’s important to note that there is a statute of limitations for filing wrongful death claims in Texas, typically two years from the date of death. Therefore, taking prompt legal action is crucial to protect your legal rights.

Common Types of Wrongful Death Claims

Wrongful death claims can arise from various types of accidents and incidents, including:

  • Motor Vehicle Accidents: Fatal car accidents, drunk driving accidents, truck accidents, and pedestrian accidents.
  • Workplace Accidents: Fatal injuries occurring on the job due to unsafe conditions.
  • Defective Products: Deaths caused by dangerous products or defective products.
  • Medical Malpractice: Deaths resulting from a breach of duty by medical professionals.
  • Premises Liability: Deaths due to a property owner’s negligence.

In some cases, criminal charges may be filed against the party responsible, but a wrongful death lawsuit is a separate legal action to seek financial compensation for the family’s losses.

How Our experienced attorney can Help In San Antonio 

Our experienced wrongful death attorneys at The Echavarria Law Firm have the legal rights and expertise to help you and your family in wrongful death lawsuits. Our legal team will conduct thorough investigations, gather accident reports, consult expert witnesses, and take legal action to hold liable parties accountable. All personal injury cases at our firm, including wrongful death claims, are handled on a contingency fee basis, ensuring you pay nothing unless we secure a fair settlement or maximum compensation for you.

While no San Antonio law firm or personal injury attorney can change what has happened to you and your family, we will work hard to hold those responsible for your loved one’s untimely death accountable. Our goal is to help you receive the types of compensation you deserve, whether economic or non-economic damages, to alleviate the financial losses you’ve suffered.

Contact The Echavarria Law Firm at (210) 320-5633 regarding your wrongful death claim.

[Comprehensive Guide to Wrongful Death Claims in San Antonio, Texas Losing a loved one unexpectedly is one of the most devastating experiences anyone can endure. When this loss is caused by someone else’s negligence, recklessness, or wrongful act, it becomes even more tragic. In such cases, surviving family members have the right to seek justice and compensation through a wrongful death claim. This article explores the essential aspects of wrongful death claims in San Antonio, Texas, including eligibility, potential damages, legal deadlines, and the importance of hiring a skilled attorney. What is Wrongful Death? Under Texas law, wrongful death occurs when someone’s life is lost due to another person’s negligent or wrongful act. This is codified in Section 71.002 of the Texas Civil Practice and Remedies Code. It allows surviving family members to pursue a claim if the deceased could have filed a personal injury lawsuit had they survived. In essence, a wrongful death claim seeks to hold the responsible party accountable for their actions and provide financial support to the grieving family. Who Can File a Wrongful Death Claim in Texas? In Texas, specific individuals have the legal right to file a wrongful death claim. These include: Surviving spouses Children, including adult children Parents of the deceased Adoptive parents or adopted children personal injury claim wrongful death case free consultation file a wrongful death lawsuit pain and suffering contact us In certain situations, siblings may also file on behalf of the deceased. If no immediate family member initiates the claim within three months of the death, the executor of the deceased’s estate may step in. However, it’s crucial to act promptly, as Texas imposes a strict two-year statute of limitations for filing wrongful death lawsuits. Damages Available in a Wrongful Death Claim From a Law Firm in tx While no monetary award can ever replace a loved one, financial compensation can alleviate the burdens faced by surviving family members. A wrongful death claim can recover damages for: Lost Earning Capacity: Compensation for the income the deceased would have contributed to the family. Loss of Care and Support: Emotional and practical support the deceased provided. Mental Anguish and Emotional Pain: For the profound grief experienced by the family. Loss of Companionship: For the emotional void left by the deceased’s absence. Loss of Inheritance: Financial contributions that the deceased would have made to their family’s future. Funeral and Burial Expenses: Costs associated with laying the loved one to rest. Punitive Damages: In cases of gross negligence or intentional wrongdoing, these damages aim to punish the responsible party. Understanding the Statute of Limitations in Texas The statute of limitations for wrongful death claims in Texas is two years from the date of the person’s death. Missing this deadline typically bars the claimant from pursuing legal action. However, certain exceptions may apply, such as cases involving minors or instances where the negligence was not immediately apparent. Consulting a knowledgeable wrongful death attorney ensures you don’t miss critical deadlines. Why Hire a wrongful death lawyer? Navigating the complexities of a wrongful death claim can be overwhelming, especially while mourning the loss of a loved one. An experienced attorney provides invaluable assistance by: Building a Strong Case: Collecting evidence, interviewing witnesses, and working with experts to establish negligence. Managing Legal Procedures: Filing paperwork, meeting deadlines, and handling courtroom procedures. Negotiating Compensation: Engaging with insurance companies and opposing parties to secure a fair settlement. Providing Emotional Support: Allowing families to focus on healing while the legal team fights for justice. With a skilled San Antonio wrongful death attorney, you maximize your chances of obtaining the compensation your family deserves. Do I Have a Valid Claim? To succeed in a wrongful death lawsuit, the claimant must prove four essential elements: Duty of Care: The defendant owed the deceased a duty of care (e.g., driving responsibly or providing safe products). Breach of Duty: The defendant violated this duty through negligence or a wrongful act. Causation: The breach directly caused the death. Damages: The family suffered measurable harm due to the loss. An attorney with experience in wrongful death claims will assess these elements to determine the validity of your case. Common Causes of Wrongful Death in tx Wrongful deaths can arise from a wide range of circumstances. Some of the most common causes include: Car Accidents: Often caused by reckless or impaired driving. Motorcycle and Bicycle Accidents: Resulting from negligent motorists or unsafe road conditions. Medical Malpractice: Errors in diagnosis, treatment, or surgery. Workplace Accidents: Especially in high-risk industries like construction or manufacturing. Defective Products: Unsafe consumer goods that cause fatal injuries. Criminal Activity: Homicides or other violent acts. Drowning Incidents: Often due to inadequate safety measures. 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