Wrongful Death
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Wrongful Death Accidents In San Antonio, TX
When a loved one dies as a result of an accident, their family is forced to deal with tremendous sadness and agony as well as the worry of wrongful death insurance claims. The Law Offices Of J. Robert Davis understands how distressing this time period is, and that you need time to grieve without being harassed by insurance adjusters. The emotions are heightened during these wrongful death cases, and sadly, the stakes are even higher. Fortunately, an experienced San Antonio wrongful death attorney can assist you through these types of tragic circumstances and will fight tirelessly for you.
A family can sue the individual who took away their loved one by bringing a wrongful death claim case. Even if the person responsible for the victim’s death is being prosecuted in criminal court for murder or manslaughter, there is still room for a civil lawsuit over a wrongful death claim. In fact, filing a wrongful death lawsuit against an entity rather than an individual is the only option available when a fatality occurs as a result of company negligence.
What Is Considered Wrongful Death?
The most straightforward method to establish what constitutes wrongful death is by attributing a person’s carelessness or criminal behavior to the victim’s death. There are rules in Texas that enable individuals who have lost a loved one due to unforeseen circumstances to pursue legal action. Every state has its own set of laws regarding wrongful death claims, which is why it’s critical to have a wrongful death attorney in San Antonio who understands these differences and how best to proceed with your claim.
Wrongful death, in the broad sense, does not cover every situation that leads to the death of another person. The reckless or negligent conduct of the at-fault party must lead to the incident and must be proved in court. This might include a variety of mishaps, but some are considerably more apparent than others.
Common Causes Of Wrongful Death
There are a plethora of different reasons for wrongful death, especially in one of the largest states in the US. The following are some of the most frequent causes of wrongful death:
- Car accidents
- Premises liability
- 18 wheeler crashes
- Motorcycle accidents
- Pedestrian accidents
- Construction accidents
- Dangerous or defective products
- Medical malpractice
What Damages Can Be Recovered In Wrongful Death Cases?
The different types of damages that can be recovered include the sum of a comprehensive calculating system the Texas courts use to calculate the settlement of a wrongful death case. The formula is determined by the deceased person’s earnings potential and past life expectancy, as well as a number of other elements that are dependent on the specific scenario and individual. When it comes to the numerous sorts of losses that may be recouped in cases of wrongful death, the courts consider a variety of factors, including:
- Funeral & Burial Expenses
- Lost Benefits (including Retirement, Pension, Medical or Health Insurance Coverage)
- Lost Earnings
- Medical Expense Left Behind by the Deceased
- Mental & Emotional Anguish
Who Can File a Wrongful Death Suit in Texas?
When a loved one dies as a result of someone else’s negligence, the anguish may be that much more devastating. You might be able To bring a wrongful death lawsuit against that person or company if you’ve lost a loved one in an accident caused by someone else. Close family members of the victim are often allowed to bring forth wrongful death claims, according to state legislation. The spouse, children, and parents of unmarried children are examples of eligible beneficiaries in Texas. Most often, the following people are able to bring forth a wrongful death lawsuit:
- Children
- Parents
- Siblings
- Spouses
- Life partners
- Any other dependents
Children and spouses are the only ones who can file a wrongful death lawsuit. This implies that if children or a spouse is pursuing one, their immediate family members, such as a parent or sibling, will most likely not be able to do so because they would be considered the main dependents of the person in question. You should speak with a qualified San Antonio wrongful death attorney about your case to see if you qualify to file a wrongful death claim.
It’s also crucial to understand that wrongful death claims have a statute of limitations. This implies there is a time limit on how long you may wait before filing a wrongful death claim, so if you and your loved ones want accurate compensation, you must act quickly when addressing these concerns. To ensure that all of your rights are upheld in situations like this, it is critical to consult with an attorney.
What is the Deadline To Bring a Wrongful Death Claim in Texas?
There are two important deadlines to consider. Texas law gives survivors of unintentional death, including spouses, children, and parents, three months to bring legal action against those who are accountable for the accident. They and they alone have the authority to file a lawsuit during this time period. The executor of the estate has until six months after the decedent’s death to bring the claim.
Second, the statute of limitations for wrongful death claims begins to run two years after the fatality. During this time, legal action must be filed by one or more of the beneficiaries or the estate in order to preserve it. The spouse, children, parents, and estate all have a right to bring a lawsuit against an individual who caused death up until 90 days after the fatality occurs.
How Much Compensation Does Each Survivor Receive?
The amount of compensation each surviving spouse, parent, or child is eligible to receive may be a perplexing issue. This is especially true when there are numerous claimants with various connections to the decedent. It might not appear equitable for each individual to get an equal share. This problem varies from case to case. If your wrongful death lawsuit goes to trial, it’s up to the jury to decide. If the jury decides in favor of your family, it has the final say on how much money should be paid out and how much should go to each survivor.
However, in many instances, a wrongful death lawsuit does not proceed to trial. Instead, they are resolved out of court. In this case, it is up to you and your family to determine how the compensation is split. This may be a sensitive discussion, so consult an experienced wrongful death lawyer if necessary. If you and other adults agree on how to distribute the money, then this is an easy operation. We’ll assist with determining who will get specific parts of the money. However, if another adult beneficiary objects, it may be necessary to engage separate legal teams to work on the case together or file separate wrongful death lawsuits. When a deceased person leaves minor children, it is critical to safeguard their interests. A guardian ad litem may be requested if you so desire, or the court may appoint one. The guardian ad litem is a legal expert who makes a recommendation to the court on behalf of the minor children’s interests.
Contact Our San Antonio Wrongful Death Attorney Today
At The Law Offices Of J. Robert Davis, our caring team understands the pain of losing a loved one suddenly. We strive to build the strongest case possible for you and your family so that you can focus on what matters most during this difficult time. For a free case evaluation and to begin preparing your case against the at-fault party, call our San Antonio wrongful death attorney today.