San Antonio Wrongful Death Attorneys

Who Can File a Wrongful Death Claim in Texas?

A wrongful death claim can be filed by the deceased’s:

In some cases, the deceased person's personal representative or executor of the estate may file a wrongful death lawsuit on behalf of the estate and the beneficiaries.

It is important to note the difference between a wrongful death claim, the loss suffered on behalf of the individual (i.e., surviving children, spouse, parents), versus a survival claim, the loss suffered by the decedent (i.e., the pain, suffering, mental anguish endured by the deceased as the result of the injury/death).

Survival Claims

A survival claim may be filed on the decedent’s behalf by the surviving heirs to the decedent, if no administration of the estate is required, or if such administration of the estate is required, then the executor/administrator of their estate may file the claim.

Who Cannot File a Wrongful Death Claim?

A wrongful death claim cannot be filed by:

What is the Statute of Limitations for Wrongful Death in Texas?

Typically the statute of limitations is two years, but may be longer or shorter depending on the nature of the claims (e.g., governmental entities, contract disputes, products liability claims, and facts that may indicate tolling or extension of the statute). Because specifics details of your situation may increase or decrease this time frame, you should file the claim or speak with a San Antonio wrongful death attorney about it as soon as possible.

What Type of rewards are associated with wrongful death compensation?

Wrongful death beneficiaries may receive two different types of awards.

• Actual Damages: Actual damages are compensation for financial losses that are a result of the death such as medical bills, funeral expenses and other related costs. Actual damages can also include lost wages.
• Exemplary Damages: Exemplary damages payments in cases where the Defendant is found to have been grossly negligent and should pay damages in order to deter/punish such conduct.

How Our Wrongful Death Lawyer Can Help You

Pursuing a wrongful death claim is considered a complex legal process that requires experienced guidance. We provide comprehensive support throughout every step of your case to ensure you receive the representation you rightfully deserve. We can assist you by:

• Thorough Investigation: We can start by conducting a detailed investigation into the circumstances of your loved one’s death. This includes gathering evidence, interviewing witnesses, reviewing medical records, and consulting with experts to create a strong case.
• Identifying Liable Parties: Specifying who is responsible for your loved one’s death is crucial. Whether it’s an individual, a corporation, or multiple parties, we will work to hold the appropriate entities accountable for their actions.
• Calculating Damages: A wrongful death claim can include compensation for both economic and non-economic losses. These may cover funeral expenses, medical bills, lost income, loss of companionship, and emotional distress. We carefully assess the full scope of your damages to pursue maximum compensation.
• Negotiation and Litigation: Many wrongful death cases can be resolved through skillful negotiation with insurance companies or opposing parties. However, if a fair settlement cannot be reached, we are fully ready to take your case to court and advocate for you before a judge and jury.
• Providing Compassionate Support: While we handle the legal complexities of your claim, we also prioritize your emotional well-being. We are here to answer all of your questions, provide updates, and guide you with empathy and understanding.

Contact Our Wrongful Death Lawyer in San Antonio Today

Whether your loved one was killed in a workplace accident, on the road in a car accident, or by a defective product, we can thoroughly investigate the incident and diligently pursue your claim to help you get fair compensation. Our San Antonio wrongful death attorneys will ensure that your losses are valued accurately and that you receive punitive damages in cases involving serious wrongdoing.

Whether in the courtroom or at the negotiating table, we fight for what's fair. Our team has decades of combined experience in building strong cases for our clients. We have the knowledge and resources to handle complex, high-value cases and to pursue them as far as possible.

Our San Antonio wrongful death lawyers are exceptional litigators, and we work with a network of professionals who can serve as expert witnesses when necessary. We are often able to achieve favorable results in a cost-effective manner through settlements – though we will not be intimidated by the opposition and we are not afraid to go to trial if necessary.

Hear What Past Clients Have to Say

• "I highly recommend the Maloney Law Group. Erica Maloney represented me and my family in a wrongful death lawsuit. Throughout the process we were treated with the upmost respect and Erica personally kept us appraised of all the proceedings. The office staff was extremely responsive and professional. The complex case was resolved expeditiously and a settlement was reached. If you want the “Best”, I recommend the Maloney Law Group." - Nitch C.
• "I could not have asked for a more respectable and sincere firm to handle our loved one's case. In dealing with such a sensitive issue as wrongful death, it was not an easy situation for myself or my family. They handled it with nothing but professionalism and dignity but yet were still very personable. In having so many questions they always made the time to answer those questions and to hear our concerns regarding our case. I am grateful for them, and for providing us with the level of respect and dignity from beginning to end. I would highly recommend them to anyone looking to hire a good reputable law firm." - Cynthia D.