San Antonio Wrongful Death Lawyers

Any type of accident can cause death. If caused by another’s negligence, it can lead to a wrongful death lawsuit. The following types of accidents can lead to wrongful death lawsuits:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian and bicycle accidents
• Premises liability accidents (e.g., slip and fall injuries)
• Product liability injuries (i.e., when a defective or dangerous product causes the injury or death)
• Medical malpractice errors
• Accidental poisonings or overdoses
• Medication errors
• Boating or recreation accidents
• Nursing home deaths
• Drowning accidents
• Construction accidents
• On-the-job accidents or illnesses (e.g., asbestos exposure)

In automobile accidents and product liability injuries or deaths, surviving family members can also potentially sue automobile manufacturers for vehicle defects, such as an airbag failing to deploy or faulty product design.

A wrongful death suit is a type of civil lawsuit or claim brought against a person or party (such as an organization) when a person dies from injuries caused by the wrongful, negligent, or reckless act of another. This legal action seeks compensation for the survivors’ loss, which can include funeral expenses, lost wages the deceased would have earned had they not been killed, and loss of companionship or consortium.

In most states, the deceased individual’s family members — such as the spouse, children, or parents — can sue the negligent party. Some states allow other parties to sue as well, such as financial dependents, life partners, or domestic partners.

In Texas, only the deceased individual’s spouse, parents, and children can initiate a wrongful death claim. If a child is under 18 years old, the child’s parent can initiate a claim on their behalf. Texas allows adoptive parents and children to file claims, but adopted children cannot file a claim for the loss of a biological parent, nor can siblings file a wrongful death claim for the loss of another sibling. In most cases, non-family members cannot file a claim except for a legal representative, such as our personal injury lawyers in San Antonio.

If a family member does not file a wrongful death claim within three months of their loved one’s death, then the person representing the deceased individual’s estate can initiate a claim. The estate representative can be a relative, friend, attorney, or another type of legal representative. This representative can file a lawsuit on behalf of the family, and any compensation the representative receives will likely go to the family of the deceased’s estate.

Any number of individuals can engage in reckless or negligent behavior and cause death. The person or party you can sue for the wrongful death of your loved one depends on what kind of accident it was and how it happened. Below, we’ve listed several types of accidents and who might be responsible.

San Antonio Automobile Accidents

• The other driver: In an automobile accident, if the deceased’s family members (or the individual who is filing the wrongful death claim) can prove that the other driver’s negligence or recklessness caused the accident, which, in turn, caused the individual’s death, then the driver can be found negligent.
• Manufacturers, distributors, or installers of defective or faulty vehicle parts: If an airbag does not deploy, the brakes fail to work, or some other vehicle part does not properly function, the manufacturer, distributor, or installer can potentially be liable.
• Government agencies that fail to maintain roadways or warn about hazards: If the government entity obligated to maintain a roadway or warn of hazards fails to do so, it can potentially be liable for resulting deaths.
• Trucking companies: Trucking companies are required to maintain their vehicles to ensure safe operation. If the company fails to follow the necessary protocols resulting in a mechanical failure and subsequent truck accident, it can potentially be liable for any resulting deaths directly related to the accident.

San Antonio Premises Liability Accidents

• Property owners: Property owners can be liable if they fail to maintain the property in a reasonably safe condition. Liability depends on different factors, including whether the individual who died was invited onto the property or was trespassing.
• Property managers: Property managers can also be liable for wrongful death claims. Texas law requires landlords to be responsible for the rental condition when the landlord turns over the rental to the tenants.
• Renters or lessees: The renter or lessee can be liable for the premises they’re renting. If the renter fails to provide signage indicating wet floors and the injured individual subsequently dies from a slip and fall, the renter is potentially liable.
• Dram shop: Under Texas dram shop laws, a business that sells or serves alcohol on its premises can be held liable if a visibly intoxicated person causes injury to themselves or others.

San Antonio Product Liability Wrongful Deaths

• Manufacturers or designers: Manufacturers or designers who create unsafe designs or products can be held liable. Examples of design defects include toys that children can easily swallow. Under Texas law, a plaintiff (the person who brings the claim) must show that the manufacturer created an unsafe design and that:

1. The manufacturer could have utilized a less dangerous design;
2. The less dangerous design would have been reasonable (from financial and technical standpoints);
3. The less dangerous design would have kept the product’s utility while also reducing the risk of injury.

• Manufacturers or marketers: If a manufacturer or marketer fails to adequately warn consumers of potential dangers (i.e., failing to provide a warning regarding risks or side effects or instructions about the product’s use), the manufacturer can be liable for resulting injuries, including deaths. Examples include product labels for birth control pills, instructions for the safe use of a child’s chair, and instructions for the proper use of construction devices, such as an electric saw.

San Antonio Medical Malpractice Suits

• Doctors, nurses, and other medical professionals: If an individual’s doctor, nurse, or other medical professional acts negligently and that negligence causes the individual’s death, they can be liable.
• Hospitals: If one or more hospital employees act negligently, causing your loved one’s death, the hospital can be liable. Usually, hospitals are not responsible for an individual doctor’s or nurse’s negligence.

San Antonio Drowning Accidents

• Property owners: Per premises liability laws, if a property owner does not keep their premises reasonably safe, they can be liable for resulting accidents, such as drowning accidents. The Texas Department of Family & Protective Services reported that drowning accidents killed 77 children in Texas in 2021. To prevent drownings, Texas law requires that residential pool owners must have:

1. A fence enclosing the pool area that must be at least 48 inches high with openings less than 4 inches wide
2. Self-closing or self-latching gates
3. A rope that is at least one-quarter of an inch in diameter
4. A pole that does not conduct electricity
5. A cover for the pool

Even if the landowner is not home, they can still be liable for drownings that occur if the pool does not have the proper protection.

San Antonio Construction Accidents

• Equipment manufacturers: A manufacturer that failed to design a safe product, failed to warn of dangers, or did not provide instructions can be liable if a construction worker uses the equipment and it results in loss of life.
• Employer: If an employer fails to provide adequate safety warnings, protocols, or gear for their employees, resulting in injury or death, the employer can be liable.
• Construction site owners: The construction site owner might be responsible if failure to safeguard their premises results in a worker’s injury or death.
• Contractors and subcontractors: If the construction site owner hires a general contractor for on-site work, the general contractor is responsible for relaying warnings related to potential hazards to workers or subcontractors. Additionally, if a general contractor hires a subcontractor without proper vetting and the subcontractor is unqualified for the job, the general contractor is potentially responsible for accidents resulting in injury or death due to the subcontractor’s inexperience. In some cases, the subcontractor might also be liable.
• Architects and engineers: Architects and engineers can be liable if they fail to design projects safely or ensure that workers can reasonably avoid construction accidents. If the construction plans are defective, leading to death, they might bear some or all responsibility.

All wrongful death lawsuits require proof of negligence. In simple terms, negligence is acting carelessly or without regard for others by doing something they knew — or should have known — would result in injury or death.

There are four elements of negligence, and you must prove each for a wrongful death claim to succeed. These are:

1. The negligent party owed a duty to the deceased victim. For example, drivers owe other drivers a duty to drive safely and soberly.
2. The negligent party breached that duty.
3. The negligent party’s breach of that duty caused the victim’s death.
4. The victim’s death resulted in monetary damages to the person or persons suing the negligent party.

Since the surviving family members are suing the negligent party on behalf of the deceased individual, they must prove the defendant’s liability the same way the individual who died would need to if they were suing for their injuries. In a car accident, this means proving that the negligent party (whether the other driver, the car manufacturer or the government entity) caused the accident, resulting in your loved one’s death.

An autopsy is not necessarily required, but it can be helpful to support your case. Autopsies can reveal the exact cause of death, such as injuries sustained in a car accident or due to a product’s faulty design, a doctor’s mistake, or another action resulting in wrongful death.

Under Texas law, surviving family members suing negligent parties in wrongful death lawsuits can recover the following types of compensation:

• Medical expenses: Medical expenses include ambulance costs, hospital bills, medicine costs, therapy costs, or any other associated medical costs before your loved one’s death.
• Funeral expenses: You can receive compensation for funeral costs to bury and commemorate your loved one.
• Loss of wages, expected income, maintenance, and support: You might receive compensation for your loved one’s lost wages and expected future lost wages due to their death.
• Loss of love, companionship, and comfort: This compensation covers the loss of benefits you’ve endured by no longer having your husband, wife, or parent with you, such as loss of affection.
• Lost inheritance: In Texas, this refers to the present value or amount your loved one would have potentially added to the estate if they experienced a natural death rather than their wrongful or premature death.
• Damages or pain and suffering the victim experienced after the accident but before their death: If your loved one suffered pain and emotional distress before their death (e.g., pain from their injuries, paralysis, or any other impact on their quality of life before their death), then their surviving family members might be compensated accordingly.

It depends.

Unfortunately, there’s no average settlement for a wrongful death case. Settlements can certainly be sizeable, with some of the highest wrongful death settlements comprising millions of dollars, but the amount and type of damages you can recover after losing your loved one depends on several factors. These include:

• The specific facts of your case
• The liable party
• Who the claimant is (e.g., the spouse, a parent, or a child)
• The amount of income your loved one made before their death and would have potentially made throughout their lifetime
• Your loved one’s age when they died
• The state of your loved one’s health at the time of their death
• Your loved one’s temperament and habits (i.e., a risk-taker or smoker).

This is not an exhaustive list. Our San Antonio wrongful death attorneys can help you determine the amount you may be entitled to based on your case’s specific facts and viability.

Again, it depends on the circumstances of your case. Section 74.303(a) of the Texas Civil Practice and Remedies Code states that in wrongful death claims against physicians or healthcare providers, damages should not exceed $500,000 for each claimant.

In car accident cases, caps for compensation might apply based on required insurance policy coverage. A San Antonio wrongful death lawyer can determine specific compensation caps applicable to your case.

The Internal Revenue Service states that damages received from wrongful death lawsuits are not taxable since the IRS categorizes these types of damages under compensation for physical injuries.

However, if your case goes to court and you receive punitive damages (an additional award meant to make an example of the defendant and deter future wrongdoing), you might be required to pay taxes on that compensation accordingly.

Every state has a statute of limitations for personal injury claims, which is the length of time a person has to bring a claim. In Texas, the statute of limitations for wrongful death is two years from the date of the individual’s death. It’s important to consult with an attorney as soon as possible after your loved one’s death to discuss when you should file your claim.

However, there are exceptions. These are fact-specific and only apply in certain situations, such as:

• The plaintiff (i.e., the individual bringing the lawsuit) is a minor. In this scenario, the timer does not start running until the child turns eighteen.
• The plaintiff was not aware of the defendant’s negligence within the two-year period. For example, suppose your loved one dies, but you don’t learn until years later that a manufacturer created a defective drug that caused their death. In that circumstance, the court may extend the statute of limitations.
• The plaintiff has a mental or physical impairment that prevents them from filing within the two-year period.
• Fraud.

A wrongful death attorney can inform you about your options and help you understand the deadlines specific to your wrongful death claim.

The timeline for each wrongful death lawsuit varies on a case-by-case basis. In some instances, the parties and their attorneys can settle within just a few months. In other cases, the legal action can span years of litigation.

When insurance companies are involved and willing to offer a settlement amount to the claimant to resolve the lawsuit with little back-and-forth and allay greater attention and liability, the case might settle quickly. Litigation is uncertain and costly, so many defendants seek to avoid it. Before accepting any settlement amount, though, you should consult with an attorney. Without doing so, you risk receiving less than what you might deserve.

Often, the at-fault party’s insurance company will pay the settlement amount. Once both parties agree on an amount to be paid, the insurance company issues a check or multiple checks to compensate you accordingly.

This depends on who the claimants are and if they’re suing on behalf of someone else. If any beneficiaries are minor children, the court usually appoints a representative to protect the child’s interests and ensure they receive their payments. This representative is known as a guardian ad litem.

If you are an adult, your attorney will initially receive the settlement check from the insurance company and deposit it into a trust account. Once the check has cleared, your wrongful death attorney will deduct any fees and process your settlement

If your lawsuit goes to trial, a jury sometimes decides how compensation should be split among claimants. If your case is settled outside of court, oftentimes, your lawyer can help you decide how to divide the settlement amount. This depends on several factors, including:

• If any of the claimants or beneficiaries are minor children
• Whether adult claimants can agree on a fair division.

If some claimants or beneficiaries are minor children, the settlement amount will likely favor the children over other claimants. It’s usually the guardian ad litem’s job to ensure that the child or children receive a fair portion of the settlement amount.

A San Antonio wrongful death lawyer helps guide surviving family members through the complex process of recovering compensation when their loved one dies due to another’s negligence. Your lawyer can prepare and file all required documents to initiate your lawsuit before the statute of limitations runs out.

Your San Antonio wrongful death lawyer can also help you gather all the necessary evidence to support your case.

Evidence can include:

• Statements from eyewitnesses
• Expert testimonies
• Police reports
• Photographs or video footage (if there was an accident scene)
• Medical reports
• Medical expenses
• Logs and records
• Tax or financial statements
• Personal testimonies.

Of course, your San Antonio wrongful death attorney will also negotiate with insurance companies to secure a fair settlement. This can alleviate some of the pressure on you and allow you to focus on being with your family.

Our San Antonio wrongful death lawyers work on a contingency fee basis. This payment arrangement allows your lawyer to receive compensation only if you receive compensation. The fee is usually a set percentage of the amount you are entitled to receive. This setup benefits the surviving family members, as you do not have to pay anything unless you get paid, alleviating any additional financial concerns.

Some firms have a billable hourly rate for their lawyers and paralegals, tracked and billed to you at the end of a specific time frame (i.e., monthly or at the end of your representation).

You may also be responsible for paying other expenses, such as:

• Costs for copying and mailing documents
• Any court-associated filing fees
• Court reporter fees
• Costs to obtain medical records
• Expert witness fees
• Process server fees

You should discuss fee expectations with the lawyer or law firm you’re considering hiring before finalizing the terms of your representation. Sometimes, lawyers opt to pay case-related expenses and recoup the sums paid from final settlement amounts or jury awards. Other times, your lawyer might inform you of what you need to pay for some or all associated costs.

Any attorney you consider should be happy to discuss these arrangements with you and help you feel comfortable at the beginning of the legal process.

At Patino Law Firm, we offer a free, no-obligation consultation with our San Antonio personal injury lawyers so you can find out where you stand and decide whether we’re the right firm for you.

It’s highly recommended. A San Antonio wrongful death lawyer can help you navigate the complex legal processes that often arise after your loved one’s untimely death. You do not have to attempt to maneuver this stressful legal battle alone, especially while grieving. A lawyer can help you understand your legal options so you can get the compensation you deserve to move forward.

Insurance companies often contact the surviving family members offering settlement amounts that grossly undervalue the amount you can potentially receive via a wrongful death lawsuit. A lawyer can rightfully advocate for you and help you assess the true value of your wrongful death claim by compiling and analyzing all facts and evidence relevant to your case.