San Antonio Wrongful Death Attorney
Understanding Wrongful Death Laws in Texas
If you have lost a loved one due to the carelessness or negligence of another person, business, or entity, you need to seek legal assistance immediately. You may be entitled to compensation for a wrongful death claim.
At the Law Offices of Pat Maloney, P.C., our knowledgeable and experienced team is ready to help. We understand that money can never replace a loved one, but it can help your family move forward after a tragedy involving a wrongful death. Our attorneys can investigate your case and work to secure the compensation you deserve.
Call us today at (210) 226-8888 for the assistance of an experienced and compassionate San Antonio wrongful death lawyer.
What is Considered a Wrongful Death in Texas?
Wrongful death suits arise in various ways but are always related to careless, negligent, or intentional actions that take a person’s life. These claims and lawsuits give the family members of the deceased a way to secure compensation for their loss.
Types of Wrongful Death Claims
While many incidents can lead to wrongful death, our San Antonio wrongful death lawyers regularly handle cases involving:
- Motor vehicle accidents
- Commercial truck accidents
- Motorcycle accidents
- Bicycle Accidents
- Pedestrian accidents
- Oil field incidents
- Construction accidents
- Workplace incidents
- Defective products
- Medical malpractice
These cases are processed in civil court, though many of them are related to criminal matters. However, there does not have to be a criminal case against a negligent individual for a wrongful death case to be filed.
Who Can File a Wrongful Death Claim in Texas?
In Texas, there are certain laws regarding who may file a wrongful death lawsuit, as well as in which order they may file.
Within the first three months of the date of death, the following individuals are granted priority in filing a wrongful death claim:
- The deceased’s surviving spouse
- Any surviving children of the deceased
- The deceased’s parent(s)
These individuals may file wrongful death actions separately, or they may file one together. However, if they do not file a claim within three months of the date of death, the personal representative of the deceased’s estate may file the wrongful death claim. A surviving family member may explicitly request that no wrongful death lawsuit be filed, which prevents the personal representative/executor of the deceased’s estate from taking legal action.
Texas wrongful death laws permit both adult children and adopted children to file wrongful death claims when they lose a parent or adoptive parent due to the negligent or wrongful conduct of another. An individual who has been officially adopted may not file a claim after the death of a biological parent, however.
In Texas, siblings—whether biological or adoptive—may not file a wrongful death lawsuit after the death of a brother or sister.
What is the Statute of Limitations for Wrongful Death Claims in Texas?
In Texas, the surviving spouse, children, and parents of the deceased person may file a wrongful death claim. These cases must be filed within two years from the date of a person’ accidental death.
If you have lost a loved one due to the negligent actions of another person, please accept our deepest condolences. We know that no amount of compensation can make up for your loss. However, by bringing a wrongful death lawsuit, you may be able to recover much-needed financial relief. This can allow you to focus on spending time with your loved ones and healing.
What Damages are Available in a Wrongful Death Case?
At the Law Offices of Pat Maloney, P.C., we are dedicated to helping clients secure fair compensation for their damages, including but not limited to:
- Funeral and burial expenses
- Cost of pre-death medical care/treatment
- Loss of future income and benefits of the deceased
- Mental anguish
- Loss of consortium and companionship
In some wrongful death cases, surviving family members may be entitled to punitive damages. Unlike compensatory damages, the point of punitive damages is not to compensate you for specific losses but, rather, to punish the defendant and help ensure similar acts do not occur in the future.
Punitive damages are generally only available when the defendant is found to have acted with egregious negligence or wanton/willful disregard for others. Such damages may be appropriate when an individual is killed through a
criminal act, such as assault or drunk driving, as well as certain other circumstances.
What Can a Wrongful Death Attorney Do to Help?
Wrongful death claims and cases can become very complex and involved many different parties. This includes the person who caused the accidental death, insurance companies, legal teams, and more. Most individuals do not have the resources or experience to do this alone.
However, when you choose to work with our team, your attorney will:
- Perform a thorough investigation into the accidental death, including gathering all evidence related to the incident.
- Work with medical and economic experts to properly calculate the losses you have sustained due to your loved one’s accidental death.
- Handle all negotiations in an effort to secure a settlement that will cover all your expenses and give you closure.
The Law Offices of Pat Maloney Is Here to Help
When you are going through the loss of a loved one, you need help from an attorney you can trust both personally and professionally. At the Law Offices of Pat Maloney, P.C., our compassionate and experienced team of wrongful death attorneys is ready to help.
Why choose our firm?
- We bring more than 65 years of experience to your side.
- We provide personalized attention, getting to know about your needs and priorities.
- You will never have to worry about legal fees until we successfully recover compensation for you
Request a Free Consultation Today
When your family has suffered an unimaginable loss, put the Law Offices of Pat Maloney, P.C. on your side. Our experienced San Antonio wrongful death attorneys are here to help surviving loved ones recoup the sense of justice and financial compensation required to move forward.
With more than 65 years of wrongful death experience in San Antonio, Bexar County, and the state of Texas, our law firm is ready to advocate for you. We have recovered millions of dollars for our clients, including many seven- and eight-figure settlements and verdicts. Our attorneys are successful in 99% of the cases they handle, and we do not collect any fees until we recover compensation for you.
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