Unique Aspects of a San Antonio Wrongful Death Case
When your loved one suffers a serious injury due to the actions of another person or entity, they may have the right to pursue compensation through legal action. However, when the injured person dies as a result of the incident, pursuing a legal claim becomes more complex. Unlike most personal injury lawsuits, there are many unique aspects of a San Antonio wrongful death case.
The wrongful death attorneys at Felix Gonzalez Law have the knowledge, experience, and skills to overcome every obstacle and secure the compensation you need.
Restricted Eligibility Requirements
Negligent death cases in San Antonio have unique aspects that determine who can file and when. State law allows only a decedent’s surviving spouse, children, or parents to file a wrongful death claim. If none of these family members files a claim within three months of the death, the decedent’s estate can pursue damages on behalf of the heirs.
Dual Acts for Possible Damages After a Wrongful Death
Texas law grants two different avenues for families and estates to pursue legal claims after the untimely death of a loved one.
Wrongful Death Suits
The Texas wrongful death statute allows surviving family members to pursue monetary damages against the person or entity responsible for causing their loved one’s death. Grieving family members must show the effect the death has had and will continue to have on their lives. A damages award could include compensation for the following:
- Lost wages, income contributions, and future earning capacity of the decedent
- Lost support, companionship, society, and comfort
- Pain, suffering, and mental anguish
- Loss of inheritance
- Funeral expenses
In rare circumstances, courts may also award exemplary or punitive damages, but only if the family proves that the death resulted from a willful act, intentional conduct, or gross negligence.
Survival Actions
Survival actions differ from wrongful death suits because they allow the estate to pursue damages that the deceased person could have claimed if they had survived. If a survival action succeeds, the estate can recover compensation for the decedent’s medical bills, lost wages, pain and suffering, and other expenses and losses incurred between the accident and the person’s death.
For instance, if someone sustained a severe brain injury in a car crash and remained in a coma for 10 months before dying, their estate can pursue a survival action for lost wages, medical bills, and other expenses during that period.
Understanding the differences between survival actions and wrongful death suits in San Antonio requires careful attention to unique aspects of the law. A skilled injury attorney can guide affected individuals through these distinctions.
How Can Someone Build a Claim?
Building a claim in a wrongful death lawsuit is more complicated than most personal injury claims because the most important witness—the decedent—cannot testify. Without the deceased person to explain precisely what happened, family members must build a strong case for compensation using other evidence. These challenges reflect the unique aspects injury attorneys face when handling a wrongful death case in San Antonio.
Contact an Attorney in San Antonio To Discuss the Aspects That Make a Wrongful Death Case Unique
Families who understand the unique aspects of a San Antonio wrongful death case can better navigate the liability and damages portions of their claim. Contact Felix Gonzalez Law to learn how working with a trustworthy and experienced injury attorney can protect your family’s rights and secure the compensation you deserve.
