There are unfortunately many wrongful death cases each year in the San Antonio area. People are often killed by the careless actions of others. Texas law allows for the close family to file a claim for damages if they believe the death was due to someone else’s negligence. This process can be overwhelming for anybody. It’s necessary to demonstrate that the other person’s actions were careless and that they directly resulted in the death. It’s important to have a San Antonio personal injury lawyer with experience and successful record in wrongful death actions.
With over $700 million recovered, The Law Giant, Personal Injury & Accident Lawyers has helped many families in this difficult position. We understand how hard this time is for you and your loved ones. We also know that your future quality of life may depend on recovering compensation. Contact The Law Giant to speak with a compassionate and knowledgeable San Antonio wrongful death lawyer. Call 210-921-2200 or submit a request online to schedule a free, no-risk consultation. We also charge no up-front costs, and won’t get paid until you recover compensation.
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How do you know if your loved one died in wrongful death accident? It’s important to understand that not every untimely death can be the grounds for a wrongful death legal action. Wrongful death claims are legally the same as a personal injury lawsuit. However, in wrongful death cases, the survivors are suing the negligent party for depriving them of a close loved one. Texas Statutes section 71.001 states that a legal action can be made against someone if they caused a death by “wrongful act, neglect, carelessness, unskillfulness, or default.” A negligent actor fails to uphold their duty of due care by taking a careless action or omitting to take a reasonable action or precaution.
A wrongful death claim can be made by the surviving spouse, child, or parents or the deceased. Separate claims regarding the same death may be combined into one single action by the court. Adult and legally adopted children can also pursue wrongful death actions in Texas. A personal representative can file a wrongful death action on behalf of the deceased person’s estate if the qualifying family members have not done so within three months after death. You are not allowed to pursue a wrongful death action if the deceased was your sibling. Additionally, you cannot file a claim regarding your biological parent if someone from another family legally adopted you.
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It can be very stressful for your family if a loved one is killed in an accident. There may seem to be very few options. However, you can seek financial damages from the parties who caused the death due to their negligent actions. This process is often confusing and difficult without effective guidance from a capable wrongful death lawyer.
While the various parties involved may express their sympathy, the insurance companies will want to reduce how much they pay out for a wrongful death. This may seem unfair. You family lost an irreplaceable person, and you may have also lost a necessary source of income.
An experienced lawyer can help you with every part of your wrongful death action. This involves negotiating with the insurance companies and their lawyers. Receiving a suitable financial settlement offer requires building a strong argument for negotiations. Insurers know that our wrongful death lawyers have decades of successful trial experience and will take your case to court if you are not treated fairly.
A San Antonio wrongful death suit can result in financial compensation to cover damages such as:
A loved one may be fatally injured when you least expect it. This is especially true in cases where the negligent actions of another turned a normal situation into a deadly accident. There are thousands of deadly accidents in Texas every year. The survivors of the deceased have the right to seek compensation from someone who caused the accident due to a negligent act or omission. However, it’s very common for people to be uncertain if they have a case for a wrongful death claim. A lawyer with years of experience handling wrongful death suits in Texas can help you understand your options for recovery during this difficult time.
Residents of the San Antonio area are badly injured and killed in many accidents every year. These often occur when people are at work, on the road, or enjoying recreational activities. Every wrongful death case is unique. The circumstances of your loved one’s death must be fully investigated and understood. If this is not done, recovering financial compensation will be very unlikely. Our lawyers have represented many victims in wrongful death claims. An unexpected and senseless death can happen in many different types of scenarios, such as:
Residents of San Antonio are frequently outside or working with powerful machines. Even if we are engaging in potentially dangerous work or activities, everyone around should act with due care to prevent an accident. Negligent acts frequently cause terrible incidents that harm and even kill others. Your loved one could have been killed through no fault of their own. You still have the right to recover from the negligent party if their actions were the direct cause of your family member’s death.
As wrongful death attorneys in San Antonio, we have seen many tragic and needless accidents that have resulted in death. While there are countless ways a negligent person could cause a terrible accident, some specific examples of recent incidents in our area include:
Texas law requires that you file a wrongful death action within two years of a loved one’s death. This statute of limitations law can result in your case being dismissed if you wait too long. You might think that two years is a lot of time to think about your options. However, it is not. A lawyer will have to investigate many details before seeking a wrongful death settlement. Furthermore, certain parties may not be very cooperative at first. It’s important to not delay in calling your lawyer if you feel as if your loved one was killed by the careless or negligent acts of another. A knowledgeable legal professional can listen to your case and help you understand your chances of a successful wrongful death claim.
There are some exceptions to Texas’ two-year statute of limitations. These may apply to your case if it’s unfair for you or your loved ones to file a claim due to certain details. Your lawyer can help you understand how the wrongful death statute of limitations will apply to your case. Exceptions include: