Wrongful Death Lawsuits: Who Can File a Claim in San Antonio?

In most states, the deceased individual’s family members — such as the spouse, children, or parents — can hold negligent parties responsible. States may also allow others to file wrongful death claims, including financial dependents, life partners, or domestic partners.

In Texas, the surviving spouse, parents, and children of a deceased person can pursue wrongful death lawsuits. If a child is under 18, a parent can initiate a claim on their behalf.

Why You Need a Wrongful Death Lawyer in San Antonio

Any accident can cause death, from a slip and fall to a workplace accident, but fatal car accidents are far more prevalent. In 2021, motor vehicle accidents caused 4,489 deaths in Texas, or a fatality every two hours. As has been the trend for several years, there were no deathless days on our roadways.

You can file a claim if you’ve lost a loved one in an accident that wasn’t their fault. Wrongful death claims can be complex, but you do not have to maneuver this stressful legal battle alone, especially while grieving. An experienced wrongful death lawyer can help you navigate the legal process and understand your legal options to get you the fair compensation you deserve.

Our personal injury law firm in San Antonio offers several legal services to help you get justice after your loved one’s wrongful death. We can:

• Identify the negligent party — sometimes, one or more defendants may be liable.
• Gather evidence proving the defendant’s negligence, including crash reports, photographs or video footage, medical reports, tax or financial statements, and personal testimony.
• Explain the concept of wrongful death beneficiaries and whether you’re entitled to compensation.
• Negotiate with the defendant’s insurance company — insurance adjusters often contact surviving family members with a settlement grossly less than what you can potentially receive in a lawsuit.
• Secure maximum compensation for burial expenses, outstanding medical bills, lost wages, and mental anguish.
• Source expert witnesses to strengthen your case and demonstrate how the accident occurred and who is responsible, and determine economic damages like lost income potential.
• Recover punitive damages when the responsible party’s actions were grossly negligent — criminal acts like driving while intoxicated commonly yield these damages.

Get in touch for a free consultation with our compassionate wrongful death lawyer and see if you’re entitled to a personal injury claim.

What Compensation Can a Wrongful Death Lawyer in San Antonio Secure?

Under Texas law, surviving family members suing negligent parties in personal injury claims can recover various types of compensation. Our wrongful death lawyer in San Antonio can seek compensation for:

Medical fees: Expenses include ambulance costs, hospital bills, and any other associated medical costs before your loved one’s death.

Burial expenses: You can receive compensation for funeral expenses to bury and commemorate your loved one.

Loss of wages, expected income, maintenance, and support: A wrongful death lawyer in San Antonio can seek 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 emotional pain and loss of benefits you’ve endured by no longer having your husband, wife, or parent with you, such as loss of affection.

Lost inheritance: This compensation represents the amount your loved one would have potentially added to the estate had they not died prematurely.

Damages for pain and suffering the victim experienced after the accident: These damages compensate surviving family members for the pain and emotional distress suffered before a person’s death (e.g. pain from their injuries, paralysis, or any other impact on their quality of life).

Punitive damages: The surviving family members or the deceased’s estate may receive punitive — or exemplary — damages. Exemplary damages punish the party at fault for the wrongful death and deter others from engaging in similar egregious conduct. Courts award these damages in wrongful death cases where the defendant’s actions are reckless, willful, or grossly negligent.

Wrongful death settlements can be sizeable, but the amount and type of damages you can recover after losing your loved one depends on several factors, including:

• The specific facts of your case
• The negligent party
• Who the claimant is (e.g., the surviving 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 and health status when they died.

Our wrongful death lawyer in San Antonio can determine the amount you may be entitled to based on your case’s specific facts.

Who Is Liable for Wrongful Death in San Antonio?

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
• Manufacturers, distributors, or installers of defective vehicle parts
• Government agencies that fail to maintain roadways or warn about hazards
• Trucking companies.

San Antonio Premises Liability Accidents

• A property owner
• A property manager
• Renters or lessees
• A dram shop.

San Antonio Construction or Work Accidents

• Equipment manufacturers
• Employers
• Construction site owners
• Contractors and subcontractors
• Architects and engineers.