Determining Negligence in San Antonio Wrongful Death Claims
Losing a loved one due to an accident caused by someone else’s negligence can be difficult to comprehend. After the initial shock wears off, you will likely want to know what happened and who is responsible. The first step in determining liability is to identify the negligent party whose actions caused the accident.
At Felix Gonzalez Law, our experienced attorneys are familiar with determining negligence in San Antonio wrongful death claims. If you need legal representation and a compassionate ear, we are here to assist you in pursuing justice for your loved one and holding the responsible parties accountable for their reckless actions.
What Needs To Be Proven in a Wrongful Death Claim?
In San Antonio, to prove negligence in a wrongful death case, the claimant must show that the defendant acted recklessly or carelessly and that their carelessness directly caused the loved one’s death.
Under Texas law, the decedent’s spouse, or other beneficiaries such as surviving children or parents, can file a wrongful death lawsuit. If they do not file in time, or there are no beneficiaries, the court may appoint a personal representative to file on the decedent’s behalf.
No matter who files the suit, the case cannot move forward unless the claimant proves that responsibility for the accident lies with the defendant.
Elements of a Wrongful Death Claim
To make a wrongful death claim in San Antonio, the claimant must prove the four elements of negligence under state law. These elements are:
- Duty of care—meaning that the defendant had a responsibility to behave reasonably to prevent harm to others
- A breach of that duty—the defendant acted recklessly or carelessly
- The breach was the direct cause of the victim’s death, and the death was a foreseeable result of the breach
- Damages—if the plaintiff is suing for damages on their own behalf, as well as for the decedent, the death must have resulted in measurable damages
Eligible family members can sue for damages to cover their loved one’s medical costs, loss of income and future earnings, and pain and suffering. They may also be able to request compensation for funeral costs and loss of companionship on their own behalf. Minor children can sometimes sue for loss of future support and parental guidance.
Contact a San Antonio Attorney for Help Determining Negligence in a Wrongful Death Claim
When a family member dies due to another person’s reckless behavior, you may be at a loss as to what to do next. You may know who is responsible, but you also need to prove it, and within the two-year time limit set by Texas law. Within that time, you will need to gather evidence and collect witness statements to support your case. While all this may seem daunting, you do not have to face it alone. At Felix Gonzalez Law, our attorneys have decades of experience determining negligence in San Antonio wrongful death claims and fighting to get justice for our clients and their loved ones.
If you need legal assistance after the unexpected death of a loved one, contact our office to schedule a free consultation. We are here to help you and your family seek justice and compensation for your loss, and to hold those responsible accountable for their actions.
