San Antonio Wrongful Death Lawyer

Have you lost a loved one due to someone else’s negligence in San Antonio? Contact The Edwards Law Firm today. Our San Antonio wrongful death lawyers can help you get fair compensation.
Losing a loved one is one of life's most devastating experiences, especially when their death was caused by someone else's negligence or wrongful act. If you find yourself in this heartbreaking situation in San Antonio, TX, you may be entitled to file a wrongful death claim to seek justice and compensation for your loss. However, navigating the complex legal process during such an emotionally challenging time can be overwhelming. That's where a skilled San Antonio wrongful death lawyer comes in.

At The Edwards Law Firm, our compassionate and skilled wrongful death attorneys understand the immense pain and suffering you're going through. We're here to help you hold the negligent party accountable and fight for the compensation you and your family deserve. Whether your loved one's death was caused by a car accident, medical malpractice, a workplace accident, or any other wrongful act, we have the knowledge and resources to build a strong case on your behalf.

In Texas, surviving family members, such as spouses, children, and parents, may be eligible to file a wrongful death lawsuit to recover damages for their emotional pain, mental anguish, lost companionship, and financial losses. Our dedicated legal team will guide you through every step of the process, from gathering evidence to negotiating with insurance companies and representing you in court if necessary. We work on a contingency fee basis, which means you won't owe us any legal fees unless we secure compensation for you. Let us help you seek the justice and closure you need during this difficult time.

Wrongful Death Cases in San Antonio

A wrongful death case allows surviving family members to seek compensation for the loss of a loved one whose death was caused by the negligence or wrongful act of another person or entity. Texas law defines a wrongful death as one resulting from a "wrongful act, neglect, carelessness, unskillfulness, or default" [Texas Civil Practice and Remedies Code § 71.002].

Common Causes of Wrongful Death

Wrongful death cases in San Antonio can arise from various tragic situations where someone's negligence or wrongful act leads to the loss of a loved one. Understanding the common causes of wrongful death can help you determine whether you have a valid claim and need to seek the assistance of a skilled wrongful death attorney.

Motor Vehicle Accidents

Fatal car accidents are one of the most common causes of wrongful death in San Antonio. These crashes can be caused by:

  • Drunk driving
  • Distracted driving (e.g., texting while driving)
  • Speeding or reckless driving
  • Failure to obey traffic laws

Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to provide a reasonable standard of care, resulting in harm to the patient. Examples of medical malpractice that can lead to wrongful death include:

  • Surgical errors
  • Misdiagnosis or delayed diagnosis
  • Medication errors
  • Birth injuries

Workplace Accidents

Fatal workplace accidents can occur in various industries, especially in construction, manufacturing, and transportation. Common causes of workplace wrongful death include:

  • Falls from heights
  • Equipment malfunctions
  • Exposure to hazardous substances
  • Lack of proper safety training or equipment

If your loved one died in a workplace accident in San Antonio, you might be eligible for workers' compensation death benefits and a wrongful death claim against a negligent third party.

Defective Products

When a defective product causes a fatal injury, the manufacturer, distributor, or retailer may be held liable for wrongful death. Examples of defective products that can lead to wrongful death include:

  • Faulty vehicle components (e.g., brakes, tires)
  • Dangerous drugs or medical devices
  • Defective household appliances or electronics

Premises Liability

Property owners in San Antonio have a duty to maintain safe conditions for visitors and guests. When they fail to do so, and someone dies as a result, it can lead to a wrongful death claim. Examples of premises liability cases include:

  • Slip and fall accidents due to hazardous conditions
  • Drowning in a pool with inadequate safety measures
  • Fatal injuries caused by inadequate security in a building or parking lot

Who Can File a Wrongful Death Claim in San Antonio?

If you've lost a loved one due to someone else's negligence or wrongful act in San Antonio, TX, you may be wondering who is eligible to file a wrongful death claim. In Texas, the following surviving family members can pursue a wrongful death lawsuit:

  • Surviving spouse
  • Children (including legally adopted children)
  • Parents (including adoptive parents)

If none of these individuals file a claim within three months of the person's death, the executor or administrator of the deceased person's estate may file on behalf of the family members.

To successfully file a wrongful death claim in San Antonio, it's crucial to seek the assistance of an experienced wrongful death attorney. A skilled wrongful death lawyer can help you navigate the legal process, gather evidence, and fight for the compensation you and your family deserve. They can also help you hold the negligent party accountable for their actions, whether the death occurred due to a car accident, medical malpractice, workplace accident, or other tragic event.

If you believe you have a valid wrongful death case in San Antonio, The Edwards Law Firm for a free consultation. Our compassionate legal team will evaluate your case and guide you through the process of seeking justice for your loved one's death.

How to Prove Liability in a San Antonio Wrongful Death Case

At The Edwards Law Firm, we understand the emotional pain and suffering you're going through after losing a loved one due to someone else's negligence in San Antonio. Our experienced wrongful death attorneys are here to help you navigate the legal process and prove liability in your wrongful death case.

To successfully file a wrongful death claim and recover compensation, you must demonstrate that the negligent party's actions directly caused your family member's death. Here are the elements involved in doing that.

Establishing Duty of Care

The first step in proving liability is to show that the responsible party owed a duty of care to your deceased family member. This means they had a legal obligation to act in a manner that would not cause harm to others. For example, drivers have a duty to operate their vehicles safely, and doctors have a duty to provide competent medical care.

Proving Breach of Duty

Next, we must demonstrate that the negligent party breached their duty of care. This can be done by showing that they failed to act as a reasonable person would in a similar situation. Examples of breach of duty include:

  • A driver running a red light and causing a fatal car accident
  • A surgeon operating while under the influence of drugs or alcohol
  • A property owner failing to address known safety hazards

Establishing Causation

To prove liability, we must also show that the negligent party's actions directly caused your family member's death. This means that their wrongful act or omission was a substantial factor in the fatal accident or incident. Our legal team will work with expert witnesses, such as accident reconstructionists or medical professionals, to establish causation in your wrongful death case.

Demonstrating Damages

Finally, we must prove that you and your family have suffered damages as a result of your loved one's death. These damages may include:

  • Funeral and burial expenses
  • Lost income and benefits the deceased would have earned
  • Loss of companionship, love, and support
  • Mental anguish and emotional pain

Common Complications in Wrongful Death Cases

Losing a loved one due to someone else's negligence is an emotionally devastating experience for families in San Antonio. While filing a wrongful death claim can help you seek justice and compensation, it's important to be aware of the common complications that may arise during the legal process. At The Edwards Law Firm, our experienced wrongful death attorneys are here to guide you through these challenges and fight for your rights.

Determining Liability

One of the most significant complications in wrongful death cases is determining liability. In some situations, such as a fatal car accident caused by a drunk driver, the negligent party may be clear. However, in other cases, like medical malpractice or workplace accidents, multiple parties may share responsibility for your loved one's death. Our skilled wrongful death lawyers will thoroughly investigate the circumstances surrounding the tragic event to identify all liable parties and hold them accountable.

Calculating Damages

Another common complication in wrongful death lawsuits is calculating the full extent of damages suffered by the deceased person's estate and surviving family members. These damages may include:

  • Medical expenses related to the fatal injury
  • Funeral and burial costs
  • Lost income and benefits the deceased would have earned
  • Loss of companionship, guidance, and support
  • Mental anguish and emotional pain

Accurately assessing these damages often requires the assistance of economic and medical experts. Our San Antonio wrongful death attorneys work with a network of professionals to ensure that your family receives fair compensation for your loss.

Dealing with Insurance Companies

When pursuing a wrongful death claim in San Antonio, you may need to deal with insurance companies representing the negligent parties. These insurers often prioritize their own financial interests and may attempt to minimize or deny your claim. They may also pressure you to accept a low settlement offer before you have a chance to consult with a wrongful death lawyer.

Navigating Texas Wrongful Death Laws

Texas law governs wrongful death claims in San Antonio, and navigating these legal complexities can be challenging without the guidance of an experienced San Antonio wrongful death lawyer. For example, there are strict time limits for filing a wrongful death lawsuit, known as the statute of limitations. In most cases, you have two years from the date of your loved one's death to take legal action.

Coping with Emotional Challenges

Pursuing a wrongful death claim while grieving the loss of a loved one can be emotionally overwhelming for families in San Antonio. This can be a major setback, which is why it’s important to work with a compassionate San Antonio wrongful death lawyer.

Common Defenses Used by Defendants in Wrongful Death Cases

The sudden and tragic loss of a loved one due to someone else's negligence is an unimaginable experience. In San Antonio, Texas, surviving family members may be entitled to file a wrongful death lawsuit to seek justice and compensation for their loss.

While the legal process can help hold the responsible party accountable, defendants (the party being sued) may raise defenses to try and limit their liability. Understanding these common defenses can be empowering as you navigate a wrongful death claim.

Contributory Negligence

This defense argues that the deceased person (your loved one) also shared some blame for the accident that caused their death. Texas law uses a modified comparative negligence system.

If the deceased is found to be partially at fault, the amount of compensation awarded in the wrongful death lawsuit may be reduced by their percentage of fault.

Assumption of Risk

This defense claims the deceased knowingly exposed themself to a dangerous situation. For example, if the deceased knowingly entered a construction zone without proper safety precautions and was fatally injured, the defendant may argue they assumed the risk. The specific circumstances of the case will determine if this defense holds weight.

Lack of Causation

The defendant might argue that their actions or inaction were not the direct cause of your loved one's death. They may try to shift blame to another party involved in the accident. A skilled San Antonio wrongful death lawyer will meticulously analyze evidence to establish a clear link between the defendant's negligence and the fatal event.

Low Settlement Offers from Insurance Companies

Insurance companies representing the defendant may offer a quick settlement to resolve the case quickly and for less money. These offers often fall short of the full compensation your family deserves. A San Antonio wrongful death attorney with experience negotiating with insurance companies can ensure you receive a fair settlement that reflects the true cost of your loss.

It's important to understand that these are just some common defenses used in wrongful death claims. Our experienced San Antonio wrongful death lawyers at The Edwards Law Firm can help you navigate the complexities of your specific case and develop a strategy to address any defenses raised by the defendant.

We offer a free consultation to discuss your situation and answer any questions you may have. Don't hesitate to contact an experienced wrongful death attorney at our law firm today to file a wrongful death suit. Our compassionate legal team is dedicated to helping San Antonio families recover the compensation they deserve after a wrongful death.

Damages That Can be Recovered in a Wrongful Death Case

If you've lost a loved one due to someone else's negligence or wrongful act in San Antonio, you may be entitled to recover damages through a wrongful death claim. At The Edwards Law Firm, our experienced wrongful death attorneys understand the emotional pain and financial hardships you face during this difficult time. We're here to help you navigate the legal process and fight for the compensation your family deserves.

Economic Damages

Economic damages in a wrongful death case are designed to compensate the deceased individual's estate and surviving family members for the financial losses they have suffered. These damages may include:

  • Medical expenses: If your loved one received medical treatment related to the fatal injury, you might be able to recover the costs of hospital stays, surgeries, medications, and other healthcare expenses.
  • Funeral and burial costs: The expenses associated with laying your loved one to rest, such as funeral services, cremation, or burial, can be included in your wrongful death claim.
  • Lost income and benefits: You may be entitled to recover the income and benefits your deceased family member would have earned had they lived, including wages, bonuses, and retirement contributions.
  • Loss of inheritance: If your loved one's untimely death deprived you of an expected inheritance, you might be able to recover these losses through a wrongful death lawsuit.

Our skilled wrongful death lawyers in San Antonio will work with economic experts to accurately calculate the full extent of your family's economic damages. We can handle your personal injury claim or help you file a wrongful death suit to get justice for your loved one.

Non-Economic Damages

Non-economic damages in a wrongful death case are intended to compensate surviving family members for the intangible losses they have suffered due to their loved one's death. These damages may include:

  • Loss of companionship, love, and support: Losing a spouse, parent, or child can result in a profound sense of emotional loss. You may be able to recover damages for the loss of companionship, love, guidance, and support your loved one provided.
  • Mental anguish and emotional pain: The grief and emotional trauma associated with losing a family member can be overwhelming. A wrongful death claim can provide compensation for the mental anguish and emotional pain you have experienced.
  • Loss of consortium: If you have lost a spouse, you may be entitled to damages for the loss of your marital relationship, including the loss of affection, comfort, and sexual relations.

Our compassionate wrongful death attorneys understand that no amount of money can truly compensate for the loss of a loved one. However, we believe that recovering fair compensation can help ease the financial burdens you face and provide a sense of justice.

Punitive Damages

In some cases, punitive damages may be awarded in a wrongful death claim. These damages are designed to punish the negligent party for particularly egregious behavior and deter others from engaging in similar conduct. For example, if your loved one's death was caused by a drunk driver or a company that knowingly exposed workers to hazardous conditions, punitive damages might be appropriate.

How Long Does a Wrongful Death Lawsuit Take?

The sudden loss of a loved one due to someone else's negligence in San Antonio, TX, is a devastating blow. In the midst of grief, navigating legal matters can feel overwhelming. You may be wondering, "How long do wrongful death claims take?" Unfortunately, there's no one-size-fits-all answer. The timeframe for San Antonio wrongful death claims can vary depending on several factors.

Here's what can affect the duration of wrongful death lawsuits:

  • Complexity of the Case: Investigating the cause of death, identifying the responsible party, and determining the extent of damages all play a role. Complex cases involving multiple parties or extensive medical records may take longer.
  • Settlement Negotiations: Reaching a fair settlement with the at-fault party's insurance company can be time-consuming. Your San Antonio wrongful death attorney will fight for the maximum compensation you deserve, but this may involve back-and-forth negotiations.
  • Trial Process: If a settlement can't be reached, going to trial will significantly extend the timeline. Court schedules and legal procedures can add months, or even years, to the process.

While a specific timeframe is impossible to predict, most wrongful death lawsuits in San Antonio can take anywhere from 12 to 36 months to resolve.

Statute of Limitations on Wrongful Death Claims in San Antonio

In San Antonio, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of your loved one's death. This means that you have a limited time to take legal action and seek compensation for your loss.

It's crucial to consult with an experienced wrongful death attorney as soon as possible to ensure that your claim is filed within the appropriate deadlines. Our knowledgeable legal team at The Edwards Law Firm can help you navigate the legal process and protect your rights.

Benefits of Hiring a Wrongful Death Lawyer

Losing a loved one due to someone else's negligence is an emotionally devastating experience. During this challenging time, it's essential to have a skilled and compassionate wrongful death lawyer by your side to help you navigate the legal process and fight for the compensation your family deserves.

At The Edwards Law Firm, our experienced wrongful death attorneys in San Antonio understand the pain and suffering you're going through. We're here to shoulder the legal burden, allowing you to focus on healing and moving forward with your life. By hiring our dedicated legal team, you can benefit from:

Knowledge and Experience

Our wrongful death lawyers have a deep understanding of Texas law and the complexities of wrongful death claims. We know how to build strong cases, negotiate with insurance companies, and advocate for your rights in court.

Thorough Investigation

We will conduct a comprehensive investigation into the circumstances surrounding your loved one's death, gathering evidence, interviewing witnesses, and consulting with experts to help clearly establish liability and strengthen your claim.

Accurate Assessment of Damages

Our attorneys will work with economic and medical experts to accurately calculate the full extent of your damages, including economic losses and non-economic suffering. We'll fight to ensure that you receive fair compensation for your loss.

Emotional Support

We understand the emotional toll that a wrongful death case can take on a family. Our compassionate legal team will provide the support and guidance you need throughout the process, treating you with the utmost sensitivity and respect.

Time and Resources

Pursuing a wrongful death claim can be time-consuming and expensive. By hiring our law firm, you can focus on your family while we handle the legal details, using our resources to build the strongest possible case on your behalf.

Improved Chances of Success

With our proven track record of success in handling personal injury claims and wrongful death claims, you can trust that your claim is in capable hands. We have the skills, knowledge, and dedication necessary to hold negligent parties accountable and secure the compensation you deserve.

Peace of Mind

Knowing that you have a skilled and experienced wrongful death lawyer fighting for your rights can provide peace of mind during this difficult time. You can trust that we will work tirelessly to protect your interests and achieve the best possible outcome for your family.

FAQ on San Antonio Wrongful Death Cases

How does the concept of "comparative negligence" impact wrongful death claims in San Antonio?

Texas operates under a modified comparative negligence system. This means that if the deceased person is found to be partially responsible for the incident that led to their death, it can reduce the amount of compensation awarded in a wrongful death lawsuit. A skilled wrongful death attorney can analyze the specific circumstances of your case and develop a strategy to minimize the impact of comparative negligence.

If a wrongful death stems from a product defect, can a lawsuit be filed against multiple parties, such as the manufacturer, distributor, and retailer?

Absolutely. A legal concept known as "joint and several liability" applies in many San Antonio wrongful death cases involving defective products. This means that each party found negligent can be held fully responsible for the damages, regardless of their individual contribution. A skilled wrongful death attorney can identify all potentially liable parties and pursue claims against them.

In a San Antonio wrongful death case involving medical malpractice, what legal hurdles exist in establishing the standard of care and proving causation?

Demonstrating a healthcare professional deviated from the accepted standard of care and that this deviation directly caused the deceased person's death can be complex.  San Antonio wrongful death lawyers must navigate complex medical records, expert witness testimony, and potential defenses raised by the medical provider.

How do the specific details of a fatal workplace accident in San Antonio, such as independent contractor status or workers' compensation claims, impact the options available for pursuing a wrongful death lawsuit?

Texas workers' compensation laws often provide the exclusive remedy for employees injured on the job.  However, wrongful death lawsuits may still be possible in certain situations, like accidents involving third-party negligence or when the deceased individual wasn't a traditional employee. A San Antonio wrongful death attorney can analyze the specifics of your case to determine if a lawsuit is viable.

What are the legal fees associated with filing a wrongful death claim in San Antonio?

Many wrongful death attorneys in San Antonio work on a contingency fee basis. This means you won't pay any legal fees upfront, and the attorney's fees are only paid if they successfully recover compensation for you. During your free consultation, you can discuss the specific fee structure.

What is the difference between a wrongful death lawsuit and a survival claim?

While both deal with the death of a loved one, there are key distinctions. A wrongful death claim seeks compensation for the damages surviving family members suffer due to the death. In contrast, a survival claim seeks compensation for the pain and suffering the deceased person experienced before their death. An experienced wrongful death lawyer can advise you on which type of claim is most appropriate for your situation.

Can a San Antonio wrongful death lawsuit be settled before a lawsuit is even filed?

Yes.  Many wrongful death cases are resolved through negotiation with the insurance company representing the negligent party.

Contact a San Antonio Wrongful Death Lawyer

The sudden and unexpected death of a loved one is a devastating blow. But when that loss is caused by someone else's negligence, the pain can be compounded by feelings of anger and injustice.

Here in San Antonio, if you've lost a family member due to a wrongful death, you may have legal options to seek compensation and hold the responsible party accountable.

At The Edwards Law Firm, our compassionate San Antonio wrongful death lawyers understand the immense grief and confusion you're facing. We're here to offer support and guidance through this difficult time.

Our skilled legal team will handle the complexities of your wrongful death case in San Antonio. We'll work tirelessly to gather evidence, negotiate with insurance companies, and represent you in court if necessary. We operate on a contingency fee basis, meaning you won't pay any legal fees unless we secure compensation for your loss.

Contact The Edwards Law Firm by calling 361-320-6752 or filling out this form today for a free consultation. We'll answer your questions, explain your legal options, and guide you through the process of seeking justice and financial compensation for your loved one. Let us help you find some measure of peace and closure during this difficult time

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