Wrongful Death Attorney Serving San Antonio
When someone else’s actions result in your loved one’s death, it’s understandable to feel lost and distraught over their untimely passing. You may also find yourself wondering how you’ll pay for their funeral or how you’ll be able to keep up with your bills without their income. This is where a wrongful death lawsuit can help.
The San Antonio wrongful death lawyers of The Patel Firm can assist you in seeking the compensation you and your family need following the unexpected death of a loved one caused by someone else. Our law practice is recognized for providing strong yet personalized representation and fostering close client relationships. When you work with us, you’ll never feel like just a case number but rather a friend, neighbor, or family member who truly needs help.
Contact our firm to learn more about your options for filing a wrongful death case and the types of compensation you could recover through it. We’re available 24/7 and respond quickly to phone calls, text messages, and emails. Your case evaluation is free and without obligation, and you pay nothing unless we win your case.
How Can a San Antonio Wrongful Death Attorney Help Me and My Family?
A wrongful death attorney in San Antonio can help you and your family by handling your legal case from start to finish while you focus on grieving the loss of your loved one.
At The Patel Firm, our experienced lawyers will begin by investigating the incident that led to your loved one’s death. Through this investigation, we’ll identify the at-fault party or parties and gather supporting evidence needed to hold them financially liable.
Next, we’ll calculate the compensation we believe you and your family are owed, and file an insurance claim or wrongful death lawsuit, depending on the circumstances of the incident. For example, if a car accident caused the death, we’ll file a claim against the at-fault driver’s auto insurance policy. And if a defective product caused the death, we’ll file a lawsuit against the manufacturer.
Once your wrongful death claim or lawsuit has been filed, our lawyers will negotiate with the other party or their insurer for a fair settlement that covers your losses. If they refuse to offer a reasonable settlement, we’ll proceed to take your case to trial to seek the maximum compensation.
Contact us today to speak with a qualified wrongful death lawyer in San Antonio. Your case review is free and fully confidential.
What Compensation Could I Recover in a Wrongful Death Claim?
The wrongful death compensation you could receive through your claim typically falls within three categories: Economic, non-economic, and exemplary damages. Damages is simply a legal term referring to compensation.
Economic Damages
The compensation in this category is for the losses you sustained with tangible value. Examples of these losses include the loss of your loved one’s income and the loss of the services they provided at home. You can seek compensation to cover their income and pay third parties to perform the services they once did, including childcare and home repairs.
Non-Economic Damages
Compensation in this category is for your losses with intangible value, including the mental anguish you experience and the loss of the love, compassion, and guidance your loved one provided. It can be challenging to put a price on these losses, which is why working with an empathetic wrongful death lawyer in San Antonio who can understand your pain is crucial.
Exemplary Damages
Exemplary damages are a bit different than economic and non-economic damages. Rather than compensating you for losses you sustained, a court may award this additional money as a way to punish the at-fault party for their particularly egregious conduct. In wrongful death cases, exemplary damages are typically only available if the at-fault party intended to cause harm or kill your loved one, such as if the death occurred due to a violent crime.
How Are Wrongful Death Settlements Paid Out?
Understanding how wrongful death settlements are paid out is vital for many individuals and families who relied on their loved one’s income for financial support. Without your loved one’s income, you may be unable to pay your bills, so knowing when and how you’ll receive the compensation from a settlement or trial award is essential. Following a settlement or trial award, you can usually expect to receive payment within two weeks. This payment will be made either as a lump sum or a structured settlement, whichever you prefer.
A lump sum is the most common way to receive compensation from a wrongful death case, as you receive the entire compensation in one payment. In some cases, structured settlements make more sense, such as if you are concerned about a lump sum being spent quickly. In this arrangement, you receive regular, often monthly, checks for a portion of your total compensation.
Sometimes, before you receive any payment, the money will first go to your lawyer. If this is the case, your attorney will remove their fees and pass the rest of the money on to you. It’s a good idea to discuss how to handle your settlement or award compensation with your lawyer earlier in your case, so you know what to expect.
What Must I Prove in a Wrongful Death Case?
For a successful wrongful death case in San Antonio, you must demonstrate that the at-fault party’s actions contributed to your loved one’s death and that you sustained compensable losses as a result.
Doing this involves gathering various types of evidence, which your lawyer can handle on your behalf. This evidence may include the following:
- Accident scene photographs
- Surveillance or traffic camera footage
- Eyewitness statements
- Testimony from expert witnesses, including medical professionals
- Your loved one’s medical records
- Internal company documentation, if a workplace accident occurred
- Your loved one’s income statements
Your wrongful death law firm can use this evidence to build a strong case against the at-fault party and explain why the compensation you’re seeking for the loss of your loved one is fair.
Suppose the at-fault party was criminally convicted for their role in your loved one’s death. In that case, your attorney may also be able to use that as evidence that they are at fault. For this reason, some wrongful death cases involving criminal acts wait until the criminal case against the defendant resolves before proceeding.
Who Can File a Wrongful Death Lawsuit in Texas?
Under the Texas wrongful death statute, only certain individuals can file a wrongful death lawsuit. These individuals include:
- The deceased’s surviving spouse
- The deceased’s surviving children
- The deceased’s surviving parents
If none of the above individuals bring a wrongful death lawsuit within three months following the death, the deceased’s executor or the administrator of their estate may bring the lawsuit unless requested not to by those individuals.
Regardless of who brings the lawsuit, whether it be one of the deceased’s surviving relatives or the administrator of their estate, all of those parties are wrongful death beneficiaries in Texas. The amount of compensation each beneficiary receives primarily depends on their relationship with the deceased and the impact the death has had on them. For this reason, the spouse often receives a higher percentage of the total compensation than other beneficiaries.
How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
Under Texas’s wrongful death statute of limitations, surviving family members and the deceased’s estate have two years to file lawsuits against the at-fault parties. This two-year time limit begins counting down on the date of the death, which may not necessarily be the same date on which your loved one sustained the injury that ultimately caused their death.
It’s important to keep this deadline in mind, as missing it will result in the courts preventing you from seeking compensation for your loss. The best way to avoid missing the deadline for filing your lawsuit is to hire an experienced wrongful death attorney from The Patel Firm to handle your case on your behalf.
What Are Common Wrongful Death Cases?
Wrongful death cases can involve a wide range of fatal incidents, ranging from car crashes to industrial accidents to homicide. Some of the most common causes of wrongful death in San Antonio, TX, include the following:
- Motor Vehicle Accidents – Car, truck, bus, and motorcycle accidents are among the leading causes of wrongful death. The forces involved in these accidents can cause significant and fatal injuries.
- Medical Malpractice – Medical errors are more common than many people realize, and many deaths are caused by misdiagnoses, delayed diagnoses, and surgical errors.
- Defective Products – Products can be defective due to their design, manufacturing, or warning labels, and these defects can sometimes cause fatal injuries, like airbags that fail to deploy in a crash.
- Premises Liability – Slips and falls and other incidents that occur on someone else’s property can cause fatal injuries, including traumatic brain injuries.
- Workplace Accidents – Construction, manufacturing, warehouse, and shipping workers are at a particular risk of severe work-related accidents, some of which can be fatal.
- Criminal Acts – Homicides, domestic violence, and robberies may all result in the death of the victim, leading to both criminal proceedings and wrongful death lawsuits.
Contact a San Antonio Wrongful Death Lawyer Today
If your loved one’s death was caused by another person’s actions in San Antonio, you may be entitled to seek compensation through a wrongful death lawsuit. However, to make the most of your case, it’s essential to act quickly and consult with an experienced Texas wrongful death lawyer.
Our lawyers are available 24/7 to discuss your case, and we offer prompt response times for calls, messages, and emails. We have a solid track record of success for accident victims and their families throughout Texas, and we’re ready to serve you with your case.
Contact us today to discuss your next steps with an experienced San Antonio wrongful death attorney. Your initial consultation is free and fully confidential, and there are no fees unless we recover compensation for your family.