A Compassionate Wrongful Death Lawyer in San Antonio
Alpha Accident Lawyers fights vehemently for the rights of victims who suffered a fatal accident due to the negligence of another party, and we extend our condolences to the surviving families for their loss.
Working with an experienced San Antonio personal injury lawyer can ease the emotional pain of overcoming the legal hurdles families face when filing a claim with insurance companies. Our San Antonio personal injury law firm can help you pursue justice and confront any financial uncertainty with our award-winning legal services.
When you are ready to discuss your circumstances, Alpha will listen and provide support with a free case evaluation.
Contingency Fee Guarantee and Free Consultation
Our law firm operates on a contingency fee basis, meaning that we will collect any legal fees unless we deliver a case win. With our 99% success rate, we are confident that we will meet expectations. We offer a free case evaluation to all prospective clients; schedule yours here.
Understanding Wrongful Death Lawsuits
In Texas, wrongful death is a legal cause of action brought by the surviving family members of a deceased person (decedent) whose death was caused by the negligence or wrongful act of another person or entity, such as an individual, company, or employer.
Eligible claimants can file wrongful death claims against another party under the following circumstances:
- The accident resulted in injuries that directly led to the decedent's death, either at the accident scene or at a later time.
- The injuries were caused by the other party's neglect or wrongful actions.
- The decedent would have been entitled to file a wrongful death suit to recover damages had the accident not been fatal.
Similar to a personal injury claim, wrongful death claims can arise from various circumstances of negligence, like motor vehicle accidents, pedestrian accidents, and bicycle accidents.
Why You Need an Experienced Wrongful Death Attorney
Wrongful death lawsuits are costly to insurance companies, so recovering fair financial compensation (although justified) will be challenging–but not impossible with the right legal representation.
With Alpha Accident Lawyers, our wrongful death lawyers strengthen cases to their fullest potential through our proven methods of success, consisting of:
- Conducting witness interviews: Secure statements from potential witnesses to understand how the accident happened
- Reviewing medical records: Obtain relevant medical records to analyze the cause and manner of death
- Consulting expert witnesses: Retain qualified expert witnesses, like medical professionals (to assess the viability of survival claims) or accident reconstruction experts (for vehicle-related fatalities)
- Analyzing damages: Identify various sources of recovery, such as funeral and burial expenses, loss of benefits, lost wages, loss of consortium, and more
- Establish Fault: Investigate the accident to ensure all liable parties are identified
- Proving negligence: Conduct a thorough investigation into the defendant’s actions to prove that that duty of care was breached, causing the fatal accident
- Drafting the demand letter: Draft a comprehensive demand letter, outlining the basis for the claim and the desired compensation
Expertise in Wrongful Death Law: Who Can File and When to File
Unlike a personal injury claim, which is brought forth by the victim, a wrongful death claim can be filed by the decedent’s family.
This complicates the civil process, as the legal system only allows specific family members the right to file, and they must do so within a limited timeframe. Eligible individuals typically include a surviving spouse, children, or parents. However, if this is not initiated within three months of the passing, the deceased's estate executor can file.
Texas law also imposes a two-year statute of limitations to pursue wrongful death claims, beginning on the date of the victim’s passing. Failing to file within this timeframe by the appropriate party can result in the forfeiture of seeking compensation.
These matters prompt the need for expert legal assistance. An experienced wrongful death attorney will guide clients through the process, deal with the insurance companies, negotiate for maximum compensation, and hold the liable party accountable.
Investigating Wrongful Death Claims and Proving Negligence
To successfully prove a wrongful death, Texas law requires that the plaintiff demonstrate the defendant is guilty of negligence with the following four factors:
- A duty of care was owed by the defendant to act in a reasonable manner
- The defendant breached the duty through careless actions
- The breach led to the wrongful death accident
- The accident resulted in damages to the surviving family
Key pieces, such as a police report, accident scene photos or surveillance footage, medical records, and invoices for any out-of-pocket expenses, can establish liability and validate sustained damages. Working with a skilled wrongful death law firm is crucial in obtaining the necessary evidence to prove the other party’s negligence.
Who Can Be Liable for Damages in a Wrongful Death Lawsuit
Wrongful death lawsuits can arise from a variety of circumstances involving negligent or reckless behavior. The specific party who can be found liable for a loved one's death depends on the unique facts of the incident.
This may include various types of motor vehicle accidents, such as a car accident, truck accident, pedestrian accident, motorcycle accident, and more.
A San Antonio wrongful death claim filed by surviving family members in a personal injury-related accident may hold negligent parties responsible. Ultimately, this will include any person or entity who caused the fatal accident.
For example, in a trucking accident, a negligent truck driver who was not operating the truck safely could be liable, or the trucking company could be liable if the truck was not regularly maintained, resulting in a crash.
An experienced wrongful death lawyer can investigate the events leading up to the incident to identify all at-fault parties.
Damages That Can Be Recovered From a Wrongful Death Claim
The damages in a wrongful death case will vary based on each plaintiff’s losses. If the decedent was the sole provider, then the surviving family members may experience significant financial hardships. This would entitle them to damages, such as:
- Lifetime of lost earning capacity
- Loss of inheritance
- Loss of benefits
- Burial costs
- Funeral expenses
- Medical bills incurred before passing
- Emotional pain and suffering
- Loss of consortium
- Mental anguish
It's vital to seek legal advice to ensure economic and non-economic damages are accounted for in the wrongful death lawsuit. San Antonio wrongful death attorneys will assess the case, identify the negligent party, and accurately calculate all losses.
Punitive Damages
Sometimes, in a wrongful death case, surviving family members or the deceased person's estate may be awarded punitive damages, also referred to as exemplary damages. These damages are distinct from economic and non-economic damages and serve a different purpose.
Punitive damages are not intended to compensate the plaintiffs for their losses but rather to punish the defendant for particularly egregious conduct and deter others from similar behavior in the future.
Dealing with Insurance Companies
Settlement is a common outcome in most personal injury cases, including wrongful death claims. However, plaintiffs should still prepare themselves to deal with insurance adjusters.
These adjusters work for insurance companies that are financially motivated to minimize payouts. They may use tactics to entice plaintiffs to drop their wrongful death claims or to accept inadequate wrongful death settlements to avoid further legal costs or emotional distress.
Personal injury law firms based in Texas with extensive experience in wrongful death cases understand such insurance company practices. This knowledge allows San Antonio wrongful death lawyers to effectively navigate negotiations and advocate for the full compensation families deserve.
With a 99% success rate, the wrongful death lawyers at Alpha Accident Lawyers vehemently advocate for our clients and are dedicated to reaching the best possible outcome.
Understanding the Process of Filing a Wrongful Death Lawsuit
Due to the state’s two-year statute of limitations, initiating the claims process within the given time frame is vital.
While hiring a San Antonio wrongful death attorney is not required, it will expedite the process and ensure accuracy.The process generally involves:
- Evidence collection to identify fault and calculate losses
- Submitting a demand letter to the at-fault party
- Negotiations if the other party does not accept fault
- Filing a wrongful death lawsuit and litigating the case if a settlement is not reached
If the other party accepts fault, a quicker wrongful death settlement may be reached, but negotiations for fair compensation can prolong the process. Another variable that can affect the timeline is if the wrongful death lawsuit goes to litigation and then trial.
The turnaround time to settle wrongful death claims can range from months to years, depending on the other party's willingness to cooperate and accept fault.
Sensitive and Compassionate Legal Representation
The sudden loss of a loved one due to another party's negligence can be overwhelming. Our compassionate law firm understands this and dedicates our practice to helping our clients overcome difficult times.
While our work has been recognized by esteemed legal organizations nationwide, including Motor Vehicle Trial Lawyers and Attorney and Practice Magazine, our most profound achievements come from our clients.
Legal Support When You Need It
At Alpha Accident Lawyers, our compassionate wrongful death lawyers in San Antonio can help you hold the responsible party accountable, navigate negotiations with the insurance company to protect your rights, and pursue maximum compensation for your case.
If you are uncertain about your legal rights or have not determined to file a claim, please contact us for a free consultation. It’s complimentary, confidential, and will help you make the right choice for you and your family.
We also have locations in Dallas, TX and Houston, TX.
Alpha Accident Lawyers — San Antonio, TX
Address: 118 Broadway Suite 534, San Antonio, TX 78205
Phone: (726) 610-3212
