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San Antonio Wrongful Death Lawyer
Losing a loved one is never easy, especially if they pass due to someone else’s negligence or misconduct. Navigating the legal process after a wrongful death can be overwhelming, which is why it’s helpful to let a San Antonio wrongful death attorney help you recover the damages you’re owed for the loss you’re suffering.
If you’re looking for a wrongful death lawyer in San Antonio, look no further than Gamez Law Firm. Our skilled attorneys offer free consultations, so you can discuss your case and figure out how to proceed with your claim. Call Gamez Law Firm today at 210-736-4040, and we can start the fight for the justice your family deserves.
Wrongful Death Cases In San Antonio, TX
Under Texas law, surviving family members can seek compensation for the wrongful death of a loved one. These claims allow people to receive the compensation that the victim was unable to collect. In order to establish a wrongful death claim successfully, you must establish four elements:
- Duty of care. To file a claim, you must establish that the at-fault party had a responsibility to provide a certain standard of care.
- Breach of duty. You must prove that they’ve breached their duty of care through some form of negligence or misconduct.
- Causation. The breach of duty must directly cause and be a substantial factor in the victim’s death.
- Damages. The victim’s death left surviving family members suffering from measurable economic and non-economic damages.
Types Of Fatal Accidents Leading To Wrongful Death Claims
Wrongful death claims can occur from a variety of fatal accidents, each with its own circumstances that may need extensive investigation. Our team at Gamez Law Firm has experience navigating wrongful death claims after all types of incidents, including:
Criminal Acts
There are several criminal acts that can take a person’s life. Wrongful deaths can result from intentional acts such as assault, manslaughter, and homicide. They can also result from negligent security incidents and drunk driving accidents.
It’s important to note that even when wrongful deaths arise from criminal acts, they are still civil claims. The claims process for wrongful death claims operates completely independently from any criminal proceedings because it revolves around recovering financial compensation for the loss. Criminal cases, on the other hand, seek to punish the offender through imprisonment and other penalties.
Defective Products
Defective vehicles or parts, faulty machinery, hazardous consumer products, and unsafe pharmaceuticals can lead to wrongful deaths of consumers when manufacturers fail to ensure product safety. Typically, these types of products can be defective in one of three ways:
- Design defects
- Manufacturing defects
- Marketing defects
You can typically hold distributors, manufacturers, or sellers accountable for the wrongful death of a loved one, depending on the nature of the defects and the fatal injuries the victim sustained. A Gamez Law Firm wrongful death attorney can help you understand your potential claim.
Environmental Hazards
Exposure to unsafe working conditions, including toxic substances, can lead to fatal injuries. It’s possible to hold responsible parties accountable for failing to maintain safe working environments with a wrongful death claim.
This type of corporate negligence can occur when businesses or organizations fail to act responsibly when it comes to managing pollution and handling hazardous materials. This mishandling can potentially expose entire communities to unsafe conditions.
Medical Malpractice
Death can result from medical procedures such as anesthesia errors, birth injuries, medication errors, misdiagnosis, surgical faults, and when healthcare providers fail to meet the standard of care. It can be challenging to prove negligence or misconduct in a medical malpractice case without the help of a San Antonio wrongful death attorney. You need solid evidence to support your claim, and your lawyer can help you procure it through their legal skills and resources.
Premises Liability
Fatal accidents that occur on another person’s property are called premises liability claims. Texas property owners are obligated to maintain their property to a reasonable standard for their visitors’ safety and well-being. Common types of premises liability claims that our San Antonio wrongful death attorneys have handled include:
- Animal attacks
- Inadequate lighting
- Negligent security
- Slip-and-fall accidents
- Swimming pool accidents
Vehicle Collisions
Common causes of wrongful death claims in Texas include car accidents, trucking accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents. Every time you get behind the wheel, you’re at risk of being in an accident. Negligent driving behaviors, such as driving under the influence of drugs or alcohol, distracted driving, or fatigued driving, significantly contribute to fatalities.
Depending on the details of the accident, you can potentially hold multiple parties accountable. The most common is the driver who causes the accident. You also may be able to hold the car manufacturer liable if a vehicle malfunction causes the crash.
Workplace Accidents
High-risk industries such as oilfields and the building trades are particularly prone to fatal accidents, including industrial accidents, construction site accidents, and equipment-related incidents. Typically, you must handle injury claims in the workplace through your workers’ compensation benefits, and this holds true for wrongful deaths on the job, too.
In some cases, however, that may not be enough. If you’re unhappy with your employer’s response or if they refuse you access to your benefits altogether, you may have grounds to file a legal case against them to be compensated for your losses.
What Types of Damages Are Recoverable in Wrongful Death Lawsuits?
In wrongful death cases, families can claim various types of damages to cover both financial and emotional losses. It’s important for surviving family members to know the types of damages they can recover after the loss of a loved one. A San Antonio wrongful death attorney can help them figure it out.
Economic Damages
Economic damages cover direct financial costs from a fatal incident. In a wrongful death case, these tangible losses include:
- Funeral and burial expenses
- Loss of inheritance
- Lost income and benefits
- Lost earning capacity
- Medical bills
Non-Economic Damages
In addition to the more obvious costs of a wrongful death case, you can also suffer more abstract losses. Non-economic damages cover the emotional and psychological impact of the loss, including:
- Loss of companionship and consortium
- Loss of guidance and support
- Pain and suffering
When a wrongful death claim is filed by the family, the goal is usually to get justice and receive the financial and emotional support they need to pay the bills and restart their lives. Our legal team at Gamez Law Firm is committed to making this process as seamless and stress-free as possible.
How Long Do I Have to File a Wrongful Death Claim in San Antonio?
If you are planning to file a wrongful death claim, you must do so within two years of the decedent’s death. Texas law evaluates whether the injuries that led to the death were directly caused by someone else’s wrongful act or negligent behavior. It’s important to show a clear link between the initial accident and the death to proceed with a wrongful death lawsuit.
The timing for filing a wrongful death claim usually begins on the date the person died, not the date of the accident. If you attempt to file a claim outside of this statute of limitations, the defendant can file a motion to dismiss, which is likely to be accepted by the court.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law, only certain close family members are eligible to file a wrongful death claim. This includes the deceased person’s spouse, children (biological or legally adopted), and parents. If none of these individuals bring a claim within three months of the person’s death, the representative of the deceased’s estate may file on their behalf.
It’s important to note that siblings and extended family members are not permitted to file wrongful death claims under Texas law. If you’re unsure whether you’re eligible, our team at Gamez Law Firm can help clarify your legal standing and next steps.
Steps To Take After Losing A Loved One In A Fatal Accident
Losing a loved one in a fatal accident is incredibly difficult, but knowing the right steps to take can help you seek justice and compensation. It’s important to act efficiently when it comes to filing for wrongful death. It’s easy for accident scenes to be tampered with or for evidence to be thrown away, but the more time that goes by, the more this can be detrimental to your case. Here are six steps to take after losing a loved one in an accident:
1. Contact a San Antonio Wrongful Death Attorney
The most critical step is to promptly reach out to a seasoned lawyer. While you’re not obligated to work with a wrongful death lawyer in San Antonio, it’s highly recommended. Legal counsel can help protect your rights and guide you through the complex legal processes that follow a fatal accident.
Your attorney can take on many tasks during the claims process, so you don’t have to feel overwhelmed. Our San Antonio wrongful death attorneys at Gamez Law Firm have handled every aspect of a case, acting on behalf of our clients by:
- Determining liability
- Developing a personalized legal strategy
- Drafting legal documents
- Evaluating the strength of their case
- Gathering key pieces of evidence
- Identifying liable parties
- Interviewing expert witnesses
- Investigating the incident
- Managing communications between all parties
- Negotiating deals on their behalf
- Providing legal advice and guidance
- Representing them in court
2. Preserve Evidence and Gather New Evidence
Gather and preserve all relevant evidence related to the accident. This includes photographs of the accident scene, witness contact information, and any available surveillance footage.
In addition to collecting evidence from the scene of an accident, it’s important to put in the work to find new evidence to further support your claim. You can secure copies of any official reports, such as police reports or medical records, that document the circumstances of the accident and the cause of death. The legal team at Gamez Law Firm can assist you in doing this and combine all the evidence in order to build a strong case that secures you the compensation you deserve.
3. Document Financial and Emotional Losses
Typically, you can recover economic and non-economic damages for a wrongful death claim. This includes things like funeral and burial expenses, loss of the victim’s financial support and services, their medical bills, and their pain and suffering.
Having clear documentation of these losses can help insurance providers or the court calculate a fair settlement amount. A San Antonio wrongful death attorney can help you evaluate the different aspects of your losses, so you can rest assured you’re seeking a reasonable amount of compensation.
4. File a Wrongful Death Claim
With the guidance of your attorney, file a wrongful death claim within the statute of limitations to seek compensation for your losses. This step is essential to hold the negligent parties accountable. Your wrongful death attorney can help you file this without any errors that may hold up the process.
5. Negotiate with Insurance Companies
The majority of wrongful death claims in Texas settle out of court, which means you can expect to work with the at-fault party, or more likely their insurance provider, to reach a settlement agreement. When you work with a wrongful death lawyer in San Antonio, they can handle these negotiations to ensure you receive fair compensation for your loss.
It is important to know that you have hired an attorney who is experienced in dealing with the local insurance companies and understands the tactics they might employ to reduce your settlement. Ask friends for recommendations and check online reviews.
6. Go to Trial (If Necessary)
In some cases, it’s possible that you can’t reach a settlement agreement with the other party’s insurance. In these situations, you can file your case with the appropriate district court in Bexar County. Litigation can extend the time it takes to close your case, but it is a good avenue to explore if you’ve hit a dead end with negotiations.
Going to court can be a daunting process, but you won’t be alone. Your San Antonio wrongful death attorney is there to represent you in court. This can also give you peace of mind that you’re being treated fairly under the law and that your rights are protected.
Contact a San Antonio Wrongful Death Attorney at Gamez Law Firm
At Gamez Law Firm, we are proud to offer bilingual legal services to support both English- and Spanish-speaking families in San Antonio. We also handle wrongful death cases on a contingency fee basis, which means you won’t owe us anything unless we win your case. This allows you to pursue justice without worrying about upfront legal costs. Contact Gamez Law Firm today for a free consultation at 210-736-4040 to talk to a skilled wrongful death lawyer in San Antonio.
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