San Antonio Wrongful Death Lawyer

San Antonio Wrongful Death Attorney

Losing someone you love is a difficult and traumatic experience. Your loss may be especially hard if it was due to the negligence or recklessness of someone else. In such cases, it is easy to become overwhelmed with the formal and legal processes that come with the passing of a loved one, which is why it is important to have someone by your side who can help. A compassionate and knowledgeable San Antonio wrongful death lawyer can be that someone.

At KLJ Law, PLLC, we have the experience necessary to guide you through all the legal intricacies of filing a wrongful death claim. Our compassionate team can listen to the details of what happened and who may be responsible. This allows us to build a case that enables you to obtain the compensation you deserve for your loss.

Wrongful Death Claims in San Antonio

A wrongful death is classified as such because it is the result of the wrongful action of an individual or corporation. This can include carelessness, negligence, or even intentional action. When this happens, a wrongful death claim is often pursued by the family and loved ones of the deceased. The outcome of such a case can result in compensation being given to the family and loved ones as well as potential ramifications for the person who was at fault.

It is important that the wrongdoer is held accountable through cases such as these. While no amount of money or compensation will repair the damages done to you and your family because of the loss of your loved one, it can help you pay off medical bills, funeral expenses, leftover debts, and more. These costs should not be your burden to carry, on top of what the liable party has already taken from you. Making sure that this at-fault party is held legally responsible for their actions is the fair thing to do.

Proof Required for a Wrongful Death Case

In Texas, certain points must be proven for a death to be considered a wrongful death, thus allowing for a wrongful death claim to be pursued. The main element is negligence, which can be either an intentional act that should not have been taken or neglecting to do something that should have been done. This can apply to both individuals and businesses.

There are a few additional elements that a wrongful death attorney must prove. These include

• Legal duty of care. It must be proven that the defendant owed the deceased a legal duty of care. This concept means that people have a legal duty to ensure that their activities do not harm those around them. One of the most common examples of this would be the legal duty of a driver on the road. When operating a vehicle, all drivers owe a legal duty to obey all traffic rules and drive responsibly.
• Breach of the legal duty. Upon proving that a legal duty was owed, it must further be established that the specific legal duty was breached. In the above example, this could be that the responsible driver was speeding or intoxicated while driving.
• The breach of duty was directly related to the cause of injury and/or death. The attorney must be able to prove that the injuries (or death) directly resulted from this breach of legal duty. In other words, the death would not have happened without the actions or inaction of the defendant.
• The plaintiff must show that they incurred monetary damages. In addition to the emotional turmoil of losing a loved one, the person making the claim must prove that they have suffered financial damages, for which they are eligible to receive compensation. Some examples of this could include the loss of financial support if the deceased was their spouse or parent, loss of inheritance, loss of retirement benefits, and more.

Statute of Limitations

In San Antonio, TX, there is a window of time given between the death of a loved one and when a wrongful death claim must be filed. This timeframe, also known as a statute of limitations, is two years. This means that to pursue and file a Texas wrongful death claim, you must do so within two years of the death of the person in question. Once this time has passed, so has your window of opportunity to file.

There are, however, some exceptions that may be made to this rule. Some of these include:

• You could not know that your loved one’s death was wrongful at the time it occurred. Examples of this often include medical malpractice issues or even work-related negligence, such as workers being exposed to chemicals that are not found to be toxic and harmful until years after the damage has been done.
• The person making the claim was a minor when their loved one died. Those who are minors at the time of their loved one’s death are given two years after they turn eighteen before the statute of limitations is reached. This does not mean that they must wait until the end of this timeframe to file a claim, but the extra time is available.
• The claimant has a mental or physical incapacity. Cases in which this exception is granted are fairly rare, but they sometimes occur. If the person filing the claim is physically, mentally, or legally unable to do so due to incapacitation, it may be possible for them to receive an exception to the statute of limitations.

Compensation That May Be Awarded

Wrongful death cases are pursued so that financial damages may be awarded to those affected by their loved one’s death. There is a wide variety of damages that may be covered by a wrongful death claim, including

• Loss of income. This is most common in cases where a spouse or parent was lost, and their surviving family members were dependent to some degree upon their income.
• Loss of other forms of financial support. Other forms of financial support could include stock dividends and other non-employment income.
• Loss of inheritance. This includes any savings or assets that were designated to be passed down, which now cannot be due to their owner’s death.
• Loss of services. These are the tasks that the deceased would have performed at home or for the family.
• Loss of emotional and mental peace. Stress and anxiety related to the death of a loved one can also be compensated.

It can be difficult to understand everything that you may be eligible to receive compensation for during such an emotional time. This is one reason why it is important to have the help and guidance of an experienced attorney. Their knowledge and past work allow them to know the full scope of the compensation that you deserve, and they can pursue it all in a wrongful death claim.

Car Accidents and Wrongful Death

Not all car accidents are the fault of any specific person or people, but there are some situations in which someone is at fault. For example, if an individual was speeding and crashed into another car, resulting in the death of the driver, it may be a provable case of wrongful death. Another example would be a drunk or impaired driver who causes a fatality while driving.

Other Incidents That May Lead to a Wrongful Death

While there are no specific criteria for defining a wrongful death, certain incidents tend to result in wrongful death claims. Some of these are as follows:

• Boating accidents involving the carelessness or recklessness of the driver while tubing, water skiing, jet skiing, or performing other recreational water activities
• Fatalities in the workplace due to exposure to harmful chemicals or toxins
• Injuries and/or fatalities in the workplace, such as at construction sites
• Medical malpractice as the result of negligence or carelessness on behalf of a medical professional
• Defective products or those with insufficient warning labels

If you are unsure whether the death of your loved one may qualify for a wrongful death claim, reach out to an experienced wrongful death lawyer as soon as possible. They can assess the situation to determine if you may be eligible to receive compensation for your losses. Remember that, in Texas, there is a two-year statute of limitations for filing wrongful death claims, so it is important that you act quickly.

How an Attorney Can Help

There are several ways in which a wrongful death attorney can help you navigate the process of filing a wrongful death claim. It is a complex process with many steps that need to be followed. One of the main ways an attorney can help is simply by explaining the process and guiding you through it.

An attorney can also investigate the circumstances surrounding your loved one’s death to ensure that there is sufficient proof for a wrongful death claim. Certain elements must be proven for a death to be considered legally wrongful, and having convincing evidence can enable you and your attorney to hold the liable party responsible. An experienced lawyer knows exactly what kind of proof to look for.

An attorney can also help you sort through and prepare the estate of your lost loved one. This can include assisting with all the paperwork that must be completed and working with your insurance company.

FAQs

What Is the Average Settlement for Wrongful Death in Texas?

There is no typical, average settlement for wrongful death cases in Texas. This is because each scenario is unique and therefore ends in unique ways. The settlement you receive from a wrongful death claim will depend on the losses you accrued as a result of your loved one’s death. This may include their income, other means of financial support, emotional turmoil, and the services that they performed and offered for you and your family.

Is It Hard to Win a Wrongful Death Claim in Texas?

It is not necessarily easy or hard to win a wrongful death claim in Texas. The outcome of your case will depend on the facts surrounding the circumstances of the death of your loved one, along with the care and effort that you put into the details of your claim. For example, ensuring that you have all the evidence needed to prove wrongful death and the resulting loss of assets can greatly affect the outcome.

How Do You Prove Wrongful Death in Texas?

To prove wrongful death in Texas, certain criteria must be met. You must prove that:

1. There was a legal duty.
2. The legal duty was breached.
3. Your loved one’s death was the direct result of that breach of duty.
4. Financial losses were incurred as a result of their death.

An experienced attorney can help you gather the appropriate evidence to prove all these elements.

Who Can File a Wrongful Death Claim in Texas?

In Texas, not just anyone who was close to the deceased may file a wrongful death claim. Those who are legally empowered to file a claim include:

• A surviving spouse
• A surviving child (biological or adopted)
• A surviving parent or adoptive parent
• The specified representative for the estate of the deceased

How Do I Know If I Have a Wrongful Death Claim?

It can be difficult to know for sure if you have the qualifications for a wrongful death claim, as there are no set parameters for defining a wrongful death scenario. If you are unsure whether your situation is the result of a wrongful death, an experienced attorney can help. They can assist in proving negligence, carelessness, and recklessness if those factors were present and led to the death of your loved one.

KLJ Law, PLLC: Your Wrongful Death Attorney in San Antonio

KLJ Law, PLLC, has years of experience in handling wrongful death and personal injury cases in San Antonio. These situations are often complex and carry heavy emotions with them. Our team works to understand each case on a personal level, allowing us to support you through each step of the legal process. Do not try to handle a wrongful death claim on your own. Instead, reach out to KLJ Law, PLLC, today to learn more about how we can help.