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 representative or executor may file a wrongful death lawsuit on behalf of the estate and the beneficiaries.

It is essential 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).

Texas law stipulates that these eligible parties can seek compensation for economic and non-economic damages, reflecting such a loss's profound impact on the survivors. Economic damages typically include costs like funeral expenses and lost income, while non-economic damages account for emotional distress and loss of companionship, which are often invaluable. By understanding who is legally permitted to file these claims, families can ensure that their legal rights are upheld and justice is sought on behalf of their loved ones.

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:

• Siblings
• Grandchildren
• Stepparents
• Foster parents
• Biological children that have been adopted legally by another party

Texas law clearly outlines who cannot file a wrongful death claim, aiming to direct legal actions toward those who have the closest personal and financial relationship with the deceased. This legal boundary ensures that rightful claimants pursue these claims, preserving the integrity of the process. Understanding these restrictions helps prevent legal complications from ineligible parties attempting to file such claims, ensuring the focus remains on individuals directly impacted by the loss.

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, product liability claims, and facts that may indicate tolling or extension of the statute). Because specific 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.

Failure to adhere to the statute of limitations could bar the victims' families from seeking compensation. Thus, taking swift legal action is crucial to preserving your rights. Variations in the statute of limitations can be complex and are influenced by numerous factors like the discovery rule, which may extend the filing deadline if the death was not immediately known to be wrongful. Engaging with legal professionals promptly can clarify these complex issues, allowing you to act within appropriate legal timelines.

What Types of Compensation Are Associated with Wrongful Death Claims?

Wrongful death beneficiaries may receive two different types of awards.

• Actual Damages: Actual damages are compensation for financial losses resulting from 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 to deter/punish such conduct.

These financial compensations serve as both a means of support for the bereaved family and a mechanism to uphold justice, reaffirming the consequences of negligent actions. In scenarios where both actual and exemplary damages are awarded, courts aim to provide a comprehensive resolution addressing the tangible and intangible damages suffered by survivors while promoting responsible behavior among individuals and organizations.

How Our Wrongful Death Attorney in San Antonio Can Help You

Pursuing a wrongful death claim is considered a complex legal process that requires experienced guidance. We provide comprehensive support throughout your claim to ensure you receive the representation you 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 claim.
• 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 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 claims can be resolved through skillful negotiation with insurance companies or opposing parties. However, if a fair settlement cannot be reached, we are fully prepared to take your claim 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 your questions, provide updates, and guide you with empathy and understanding.

Our role extends beyond just legal representation; we strive to be support pillars during your time of need. Understanding the sensitive nature of wrongful death claims, we pledge to treat each situation with the dignity and attention it deserves. Our team is committed to offering a balanced approach of fierce advocacy and human compassion, ensuring you feel valued and heard throughout our interaction.

Contact Our San Antonio Wrongful Death Lawyer 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 serious wrongdoing claims.

Whether in the courtroom or at the negotiating table, we fight for what's fair. Our team has decades of combined experience building strong claims for our clients. We have the knowledge and resources to handle complex, high-value claims 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 can often achieve favorable results cost-effectively through settlements – though we will not be intimidated by the opposition and are not afraid to go to trial if necessary.

Our commitment to you is to secure rightful compensation and restore the personal peace that follows, holding accountable those responsible for untimely loss. Together, we can pursue justice for your loved one, ensuring their story is remembered, and their rights are respected.

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 utmost respect and Erica personally kept us apprised of all the proceedings. The office staff was extremely responsive and professional. The complex claim 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 claim. 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 claim. 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.

If you have lost a loved one in a wrongful death accident, our San Antonio wrongful death attorneys at Maloney Law Group, P.L.L.C. are here to help you navigate the legal process and fight for the compensation you deserve!

Frequently Asked Questions About Wrongful Death in San Antonio

What Are the First Steps After a Wrongful Death?

The immediate period following a wrongful death is understandably overwhelming. Surviving family members must focus on gathering any documentation related to the incident. This includes police reports, medical records, and any communication that might have occurred between the involved parties. Being organized and keeping a detailed record can significantly streamline the process. Additionally, seeking the guidance of a wrongful death lawyer in San Antonio early ensures that your family’s rights are protected from the onset, setting a solid foundation for any potential claims.

What Are Common Defenses Against Wrongful Death Claims?

Defendants in wrongful death claims often use tactics such as denying liability, arguing contributory negligence, or challenging causation. They may assert that the deceased was partially responsible for their death or that the accident was unavoidable. A seasoned wrongful death attorney in San Antonio is essential to counter these defenses and build a compelling and resilient claim. Thorough evidence gathering and expert testimonies can fortify the plaintiff's position against these potential defenses.

Are There Any Caps on Wrongful Death Compensation?

In Texas, wrongful death compensation can be subject to caps, especially in medical malpractice cases. Non-economic damages covering pain and suffering are typically capped at $250,000 per Defendant, totaling $500,000. However, no such caps exist for economic damages, which means plaintiffs can fully reclaim for monetary losses. Understanding these distinctions is essential for families pursuing claims, as it shapes their expectations and strategies in seeking justified compensation.

How Long Does a Wrongful Death Claim Take to Resolve?

The timeline for resolving a wrongful death claim can vary significantly depending on several factors, including the case's complexity, the parties' willingness to settle, and court schedules. While some claims might conclude in several months, others may take years to resolve fully, especially if litigation is involved. Throughout the process, having dedicated legal representation can support families in navigating this legal journey effectively, offering regular updates and ensuring that the claim progresses steadily toward resolution.