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.
A compassionate personal injury attorney can help you through all phases of the claim for wrongful death and lawsuit process and fight for justice on your behalf.
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 arises out of the unintentional acts of the defendant. To establish negligence, the plaintiff must prove:
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.
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.
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.
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.
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.
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.
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.
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.
By: Cris G.
Client Description: If you are looking for a knowledgeable, resourceful, and assertive individual to represent you, Felix Gonzalez is the perfect choice. He will fight for your cause, paying careful attention to detail. His best asset is that he shows care and compassion to his clients and their families.
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