Losing a loved one unexpectedly is something that no one should have to go through. If you lost someone close to you in an accident caused by someone’s negligence or recklessness, the ordeal can be even more painful. Although considering a wrongful death claim may be the last thing on your mind, filing such claim can provide compensation that will cover expenses and give you peace of mind.
If your loved one passed away in an accident that could have been prevented, our heart goes out to you during this trying time. Your family may be facing costly medical bills, funeral expenses, and the prospect of supporting your family without the financial help of your lost loved one. At Herrman & Herrman, P.L.L.C., our San Antonio wrongful death lawyers fully understand the financial stress and mental anguish that the loss of a family member can cause, and we want to help.
You may be overwhelmed and unsure of how to go forward with a wrongful death claim. Our compassionate San Antonio wrongful death attorneys can guide you every step of the way and advocate for you. While nothing can replace your loved one, the Texas legal system does allow you to recover compensation for your losses. To schedule a free and confidential consultation, call Herrman & Herrman, P.L.L.C. today at (361) 882-4357 to schedule a free, no-obligation consultation.
Legal Options for Remaining Family Members
Compensation received related to wrongful death claim is typically given out to all the family members affected by the death. A judge or jury will often decide how the compensation is divided among them. It is up to the attorneys of the family to show the losses suffered by each family member, so that the judge or jury can then assign the applicable compensation.
With wrongful death cases, both economic and non-economic damages are available to a family. Compensation for wrongful death may include:
- Loss of a loved one’s earning capacity, wages, services, and household support
- Financial losses such as medical bills and funeral costs
- Funeral costs
- Loss of a loved one’s companionship
- Pain and suffering
- Emotional trauma
- Punitive damages in certain cases when a death is caused by a willful act
The types of compensation available in each wrongful death case depend on the specific facts and circumstances. At Herrman & Herrman, P.L.L.C, we can thoroughly review all the details of your wrongful death case and explain the types of compensation that your family is able to pursue.
Who can bring a wrongful death claim in San Antonio, TX?
In the state of Texas, if someone dies as the result of a negligent, wrongful, or careless act of another, certain survivors may bring a wrongful death claim. According to Texas Civil Practice and Remedies Code Title 4, Chapter 71, the spouse, the children, and the parents of the deceased may file a wrongful death claim.
Some states prohibit adult children from seeking compensation for a parent’s death. However, in Texas, a child may seek compensation after their parent’s death even if they are over the age of 18. In Texas, siblings and grandparents of the deceased are not allowed to bring a wrongful death claim.
Of the family members allowed to file a claim, Texas does not specify which particular member needs to file. Any of the aforementioned family members may file. Family members may also group together and file a claim jointly.
If the eligible family members do not file a wrongful death claim within three months of the death, an executor, or estate representative, may file a claim on behalf of the estate. However, any eligible family member can file a claim that will block the estate from filing a claim.
With regard to wrongful death claims, Texas does not recognize non-marital relationships. People can file claims if they were separated from their spouses at the time of their death, but significant others cannot file a claim.
The law permits both biological and adoptive children and parents to take part in the claims process. However, adoptive children cannot file a claim for recovery for biological parents if they are eligible for recovery for their adoptive parents.
Causes of Fatal Accidents
A wrongful death occurs when a party’s negligence, failure to act, wantonness, or willful misconduct causes the death of an individual. Wrongful death claims may be related to a wide range of fatal accidents, such as:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Construction accidents
- Drowning accidents
- Nursing home abuse and neglect
- Medical malpractice
As the list indicates, there are numerous types of actions, and inactions, that can result in wrongful deaths. It’s important to note that the list is not exhaustive. Any party that did not take sufficient care and contributed to a fatal accident can be held responsible for wrongful death.
The attorneys at Herrman & Herrman, P.L.L.C have more than 100 years of collective legal experience in representing clients. We have helped many people San Antonio and throughout Texas in wrongful death claims stemming from many different types of accidents over the years.
The road to recovery is difficult, but you do not have to navigate the complex legal process alone. Allow our experienced and compassionate San Antonio wrongful death lawyers provide legal counsel and guidance during this challenging time. Our attorneys will review the specifics of the accident and discuss all your legal options.
Who Can Be Held Responsible In San Antonio?
The party that can be held responsible for a wrongful death depends upon the facts and circumstances of the particular case. The defendant could be an intoxicated driver, a negligent manufacturer, or a reckless health care provider, to name just a few. A skilled and experienced Texas wrongful death attorney will know which parties can be held liable for your loved one’s death.
To recover compensation in a wrongful death lawsuit, you will need to prove the following:
- Duty – The defendant had a duty to your loved one
- Breach of duty – The defendant acted negligently in the duty they owed to your loved one
- Causation – The defendant’s breach in duty caused your loved one’s death
- Damages – You suffered damages related to the death of your loved one
If you lost a loved one in an accident where you believe negligence was involved, you should discuss your case with a lawyer right away. Texas has a strict two-year statute of limitations for filing wrongful death claims. Furthermore, investigating and proving a wrongful death claim generally takes much time, effort, and resources, so time is of the essence.
How Can An Attorney Help?
An attorney can make sure all the relevant evidence is preserved so that any party that played a role in the wrongful death can be held accountable. This is one reason why it is so important that you contact an attorney as soon as possible, as evidence tends to disappear over time.
A Texas wrongful death lawyer can help ensure that you meet all of the state’s legal deadlines, as well as offer advice on creating an estate, documenting evidence for your claim, and thoroughly investigating the circumstances surrounding your loved one’s death.
The wrongful death attorneys at Herrman & Herrman, P.L.L.C. can identify the liable parties ensure they are held accountable for their negligent actions. We can then prove that the negligent party caused your family member’s death and seek compensation that will account for the costs you’ll incur, as we’ll as the pain and suffering your family has endured. We will guide you through the complex legal process associated with a wrongful death claim and build a case that will maximize your financial recovery.
We understand how difficult the death of a family member can be. A wrongful death case is often an emotionally overwhelming experience, and our legal team will be there to provide compassion and support during this difficult time. Our lawyers will address all your questions and concerns and represent you every step of the way.
Contact An Experienced Wrongful Death Attorney in San Antonio, TX
When you call on wrongful death attorneys at the Herrman & Herrman, P.L.L.C., you can rest assured that we will handle your case with the utmost care and professionalism. Our San Antonio wrongful death lawyers will do everything they can secure the full and fair compensation you and your family deserve. We know how to present your case so that you can get justice and compensation for the injuries you have suffered.
If you lost a loved one due to someone else’s fault in the greater San Antonio area, contact the Herrman & Herrman, P.L.L.C. as soon as possible. Our attorneys work on a contingency fee basis, which means that you will not pay us until we recover compensation for you. Call now at (361) 882-4357 or contact us online to schedule a free and confidential consultation with a compassionate and experienced San Antonio wrongful death lawyer.