When someone dies in a preventable accident due to another’s negligence or wrongful act, their loved ones can pursue compensation by filing a wrongful death action. The unexpected death of a family member is a devastating experience. When you lose a family member, it is important to understand what legal rights and remedies you have.
When you hire a negligent passing attorney, they can assist you with understanding your legal rights and filing a San Antonio wrongful death action against the person or entity responsible for your loved one’s passing. In a wrongful death lawsuit, family members can recover the cost of their loved one’s medical bills up until death, lost income or earning potential, grief, funeral and burial expenses, and other related losses. A trusted lawyer can gather evidence to support your claim and help you pursue the compensation you need to move forward after such a tragic loss.
Wrongful deaths happen when a person dies due to the reckless or negligent acts of another. An attorney can prove liability through either their negligence or intent. When wrongful death claims are based on negligence, the person seeking compensation must prove the defendant owed a duty to the victim, breached the duty, and caused their death.
Texas Civil Practice and Remedies Code § 71.004 permits only certain family members to file for a wrongful death action in San Antonio after their loved one’s death. Spouses, children, and parents can file a wrongful death lawsuit. The deceased’s estate can also seek compensation on their behalf.
The law limits when eligible persons in San Antonio can file a wrongful death suit. Not only are wrongful death actions limited to certain family members, but there are also strict time constraints. The statute of limitations on wrongful death actions is two years. This means eligible family members only have two years from the date of the death to file a wrongful death claim.
When someone does not file within this two-year time frame, they could lose their right to financial recovery. The defendant will promptly move to dismiss the lawsuit altogether. There are limited circumstances where the court may overlook missing the requisite limitations. For example, when someone could not file due to their age, disability, or the negligence was not apparent. Consult with a lawyer as soon as possible to understand the applicable statute of limitations.
While no amount of money can bring back your loved one or reduce the grief you are experiencing, filing a San Antonio wrongful death action can help minimize the financial burden so your family can focus on moving forward after such a tragic loss. We understand how devastating the unexpected loss of a family member can be. When you lose a loved one due to someone else’s negligent or wrongful act, speak to a knowledgeable lawyer about your options for financial recovery.
Although there are strict filing deadlines for wrongful death actions, some circumstances will excuse a late filing. When you are unsure of the applicable statute of limitations, consult an experienced attorney.