The sudden loss of a family member to an injury or accident is devastating. The emotional pain is crippling, and the financial uncertainty that follows can leave you without any sense of hope. When someone loses a loved one to negligence or reckless behavior, they should not be left to face these outcomes alone.
Our San Antonio wrongful death attorneys are committed to fighting to ensure that the negligent party is held responsible for ALL possible damages, from lost income and medical expenses to the continued pain and suffering of family members.
Filing a Wrongful Death Lawsuit in San Antonio
Wrongful death lawsuits allow families to seek compensation for damages associated with the death of a loved one. According to Chapter 71 of the Texas Civil Practice and Remedies Code,
“A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”
This means that in situations where negligence or recklessness resulted in the death of your family member, you are able to seek just compensation for any damages arising from their death.
In San Antonio, wrongful death claims can be filed by:
It is important to remember that wrongful death claims filed in San Antonio are subject to Texas’ statute of limitations laws. As such, family members have a limited amount of time to file their claim (typically within two years). If you miss this deadline, then you will be unable to seek justice or compensation in the form of a wrongful death lawsuit.
One final thing to remember is that a wrongful death lawsuit does not seek damages on behalf of the deceased, but rather those suffered by the deceased family and or estate. In order to seek damages suffered by the deceased, family members would actually file a survival action which can be filed alongside a wrongful death claim.
Survival actions are discussed in detail further below.
Damages Sought in a San Antonio Wrongful Death Lawsuit
Because a wrongful death lawsuit is not seeking damages suffered by the deceased, damages are a little different from those typically sought in other personal injury claims. Further, as many of these damages are non-economic (meaning they do not have intrinsic monetary value), it is essential that you hire an experienced San Antonio wrongful death lawyer with the experience, knowledge, and resources to successfully calculate and demonstrate the value of your case.
Common economic damages sought by families in a wrongful death claim include:
- Funeral expenses
- Medical expenses related to the care of the deceased
- Loss of inheritance
- Loss of financial support
- Loss of benefits (such as insurance)
Non-economic damages, on the other hand, would cover items like:
- Loss of companionship
- Loss of emotional support
- Mental anguish
- Emotional pain and suffering
- Loss of consortium
- Loss of care, advice or protection
Depending on the circumstances surrounding the death of your loved one, you may also be able to seek punitive damages. Unlike the above economic and non-economic damages which seek to compensate the plaintiffs and “make them whole” to the best of the law’s ability, punitive damages serve the sole purpose of punishing the defendant and acting as a deterrent for similar future conduct.
Punitive damages are reserved from claims in which the defendant’s actions are found to be especially egregious, reckless, or negligent.
Accidents in Which Wrongful Death Commonly Occur
An instance of wrongful death can occur anywhere negligence and injury can occur. However, in San Antonio, instances of wrongful death are most often associated with accidents like:
- Car Accidents – If you have lost a loved one to a car accident, Thomas J. Henry Law has an auto accident attorney in San Antonio ready to assist you.
- Company Vehicle Accidents – Our San Antonio company vehicle accident lawyers understand the process of wrongful death claims and can handle the most complex cases.
- Drunk Driving Accidents – Drunk driving accidents are always preventable. If you have lost a family member to a drunk driving accident, you deserve justice. Call Thomas J. Henry Law today.
- Premises Liability – Property owners owe a duty of care to those who are invited to or doing business on their property. If you lost a loved one to the negligence of a property owner, our firm can help.
- Trucking Accidents – Accidents involving large trucks are among the most deadly. Our San Antonio truck accident lawyers and San Antonio 18-wheeler accident lawyers have the experience and resources to take on the largest trucking companies.
- Workplace Accidents – No worker should have to fear death as they work to support their family. Still, negligent employers may take shortcuts or cost-cutting measures that put their employees at risk. If you lost a family member to a workplace accident, call our firm now.
Seeking a Survival Claim in San Antonio, Texas
A survival action is another option families have when seeking damages resulting from the death of a loved one. Where wrongful death claims seek compensation for damages suffered by the family and/or their estate, survival actions are filed on behalf of the deceased person.
In a San Antonio survival action, the victim’s family is claiming:
- The person died because of the defendant’s negligence.
- This negligence caused pain and suffering to the person before they died.
- Had the person survived, he or she would have been able to pursue legal action against the defendant to recover compensation for pain and suffering.
- The defendant should not be able to avoid liability for pain and suffering just because the person died.
- The pain and suffering damages should be paid to the deceased person’s estate.
In San Antonio, a deceased person’s legal heir or estate representative can bring a survival action. In instances where there is no legal beneficiary to file a claim, relatives may pursue the action jointly.
When to Contact a San Antonio Wrongful Death Lawyer
If you have lost a loved one to negligence, you should contact a wrongful death attorney in San Antonio as soon as possible. Wrongful death lawsuits are complicated, and you do not want to risk your compensation by delaying the investigation into your loved one’s death. As soon as you contact Thomas J. Henry Law, one of our experienced San Antonio wrongful death lawyers will begin investigating your claim and securing evidence. Our goal is to protect your rights so you can focus on yourself and your family.
Our attorneys will work with industry-leading expert witnesses who can help determine how the accident that led to your loved one’s death occurred as well as demonstrate the damages you and your family have suffered as a result. We will fight during every step of your claim to ensure you have the best chance of receiving maximum compensation.
Did You Lose a Loved One to Negligence? Contact an Experienced Wrongful Death Attorney in San Antonio
If you have lost a loved one due to the negligence of an individual, company, or other entity, contact Thomas J. Henry. Our team of experienced San Antonio wrongful death attorneys is available 24/7, nights and weekends to talk with you and your family about your potential case.
Thomas J. Henry was named one of the Best San Antonio Lawyers by San Antonio Scene for three consecutive years (2018, 2019, and 2020) and was recognized as the Best Attorney of San Antonio by the San Antonio Current in 2019 and 2020. He is a lifetime member of Rue Ratings’ “Best Attorneys of America” and his firm, Thomas J. Henry Law, was named one of the Top Law Firms of 2020 by Newsweek.com.
At Thomas J. Henry Law, we offer FREE case reviews, and you don’t owe a thing unless we win your case. Our results speak loudly of our success in obtaining successful verdicts, settlements, and judgments for our clients. Let us help you and your family recover the compensation you deserve.
Our San Antonio Personal Injury Law Offices
- Phone number: 210-941-2191 (attorneys available 24/7 to assist you)
- Address: 5710 W Hausman Rd, Suite 108, San Antonio, Texas 78249