San Antonio Wrongful Death Lawyer
Regardless of the reason, losing a member of your family is always devastating. However, it can be even more devastating when it happens as a result of someone’s negligence resulting in wrongful death. If this happened to you, you may have the legal right to hold the negligent person or entity accountable for their negligence. A San Antonio wrongful death lawyer can offer a confidential evaluation and investigation of your claim to determine whether you are entitled to compensation.
We recently worked on a wrongful death case where the plaintiff was struck and killed by a truck in the median of SE Loop 410. Our compassionate personal injury attorneys can help you through all phases of the claim for wrongful death and lawsuit process and fight for justice on your behalf.
Common Causes of Wrongful Death
Auto accidents, truck collisions, pedestrian crashes, motorcycle accidents, bicycle accidents, and workplace accidents are some of the most common causes of wrongful death claims or cases. Wrongful death claims are also frequently attributed to faulty machinery, falls, defective products, medical negligence, and abuse.
Negligence
Negligence arises out of the unintentional acts of the defendant. To establish negligence, the plaintiff must prove:
- The defendant owed a duty to the plaintiff
- The defendant breached this duty
- The breach caused the victim’s death
- The plaintiff’s death resulted in damages
All people owe others a duty to act in a manner that avoids causing an injury or death. When the defendant acts unreasonably and causes an injury, they are negligent and responsible for the victim’s death.
To recover damages, the plaintiff must prove there was no other cause for the victim’s death. For help establishing the victim’s wrongful death resulted in damages, the plaintiff should contact a San Antonio attorney.
Intentional Torts
The defendant commits an intentional tort when they mean for their actions to occur. The defendant does not have to intend to kill or injure the victim, they must merely intend to commit the act that harmed the victim. Once the plaintiff establishes the defendant’s intentional act, they must prove the act caused the victim’s death and that damages resulted from the death.
Wrongful Death Compensation
The compensation that may be recovered in a wrongful death lawsuit depends on an array of factors, including how old the individual was at the time of their death and the extent to which someone’s negligence caused their death. Texas Civil Practice & Remedies Code § 71.009 allows a special category of damages known as exemplary damages to be awarded in cases where the decedent’s death was due to the willful act or omission or gross negligence of another party.
Other types of wrongful death compensation may include mental anguish endured by the decedent’s surviving family, loss of support, loss of consortium, loss of services, and loss of the inheritance the family members. The estate of the decedent would also be entitled to compensation for the pain and suffering endured before their impending death, if any. An attorney in San
Antonio can work hard to secure any and all damages to which the claimant or claimants in a wrongful death case may be entitled.
How Can a Wrongful Death Attorney Help?
Wrongful death claims involve complex legal, financial, and procedural issues that can be difficult for families to maneuver through while grieving. A wrongful death attorney in San Antonio will guide the deceased’s family through the legal process with clarity, so they can confidently work toward just compensation for all that they have lost. From the outset, an attorney can conduct an independent investigation, preserve evidence, and identify all parties who may be legally responsible for the loss.
An attorney who understands wrongful death claims can handle communication with insurance companies and defense counsel. Insurance companies may attempt to minimize payouts or dispute liability, especially in fatal accident cases. Having legal representation allows families to focus on healing while their attorney pursues accountability and fair compensation on their behalf.
In many cases, a lawyer also helps families understand how the claim interacts with an estate, survival action, or related legal proceedings. This coordination is important to ensuring no damages are overlooked and deadlines are met.
Starting a Wrongful Death Lawsuit
Generally, with few exceptions, the deadline to start a wrongful death lawsuit in San Antonio is two years from the date of the incident, as stated under Tex. Civ. Prac. and Rem. Code § 16.003. Any eligible parties who wish to file a wrongful death lawsuit should contact an experienced San Antonio attorney as soon as possible to discuss whether they may have a valid claim for damages.
The law permits wrongful death beneficiaries such as the decedent’s spouse, children, and parents to initiate wrongful death proceedings. It should be noted that if a claimant does not file suit within two years of the date of the incident that lead to the wrongful death, with few exceptions, they may be ineligible to recover compensation for damages.
What to Do After a Wrongful Death?
After a fatal accident, families are often unsure where to turn. While every situation is different, taking certain steps early can help protect a family’s rights. During this time, your attorney can help the deceased’s family obtain copies of police reports, preserve any available evidence, and avoid providing recorded statements to insurance companies.
Families should also consider documenting financial losses, funeral expenses, and how the loss has affected their household. These details can play a meaningful role in a wrongful death claim. Speaking with a lawyer early can help ensure important information is not lost and that the family does not unintentionally jeopardize their claim.
The Course of a Wrongful Death Lawsuit
The legal process can be an intimidating process for those unfamiliar with it. As such, the plaintiff should contact an experienced San Antonio attorney for help handling their wrongful death lawsuit. Fortunately, the plaintiff’s involvement in a wrongful death lawsuit is limited.
Discovery
Once the plaintiff files the lawsuit, the two sides begin discovery, where they exchange information related to the accident. To start, the plaintiff’s attorney will receive written demands from the defendant, and the plaintiff must provide information regarding the victim’s medical treatment, injuries, and their account of the accident. The plaintiff’s attorney can help the plaintiff answer these questions.
After the parties complete written discovery, the plaintiff may have to attend depositions. The plaintiff must appear and answer questions from the defendant’s attorney regarding how the accident occurred, the victim’s injuries and medical treatment, and how their lives were impacted.
Post-Discovery
Once the discovery phase is over, the two sides begin working towards a resolution. The plaintiff’s attorney is required to bring the plaintiff all offers of settlement the defendant makes. The parties may not agree to a settlement without the plaintiff’s approval.
Should the sides fail to reach an agreement, the case will proceed to the trial stage. If the parties wish to avoid a trial, they may decide to utilize an arbitration or mediation.
Arbitrations and mediations utilize a neutral third party to help them reach a resolution. Mediators discuss the case with both sides and work with them to reach a settlement. Arbitrators listen to both sides’ arguments and provide them with a binding decision regarding the plaintiff’s right to damages.
Where to Find a Wrongful Death Attorney
Families searching for a wrongful death attorney should look for a lawyer with experience handling fatal accident cases and a demonstrated commitment to compassionate representation. It is important to choose someone who is familiar with Texas wrongful death law and who can explain the process clearly and respectfully.
When evaluating potential attorneys, families may want to consider whether the lawyer has handled cases involving complex liability, multiple defendants, or serious insurance disputes. Experience with wrongful death litigation can make a meaningful difference in how evidence is preserved, how damages are evaluated, and how negotiations are handled with insurance carriers. Families should also look for a law firm that prioritizes communication and provides realistic guidance throughout the process.
Felix Gonzalez represents families who are seeking answers, accountability, and justice after a tragic loss. Our firm offers confidential consultations so families can ask questions, learn about their rights, and decide how to move forward without pressure.
During a consultation, families can discuss the circumstances of their loved one’s death, ask about potential next steps, and gain clarity about whether a wrongful death claim may be appropriate. Having access to this information early can help families make informed decisions during an overwhelming time.
Seek Help from a San Antonio Wrongful Death Attorney
A fatal accident could turn any family’s life upside down. It may be difficult to determine what to do next after a loved one is killed. Fortunately, a dedicated attorney can help make the process a little easier. A San Antonio wrongful death lawyer can help you understand your legal rights and help you hold the responsible party or parties accountable for their actions. An attorney can explain the legal process in detail and discuss the best next steps for your case.
Whenever you are ready, a San Antonio wrongful death lawyer is here to help. Call today.
