One of the most tragic accidents that can occur results in the death of a loved one. Unexpected and unprepared, the actions of a person, manufacturer, or entity that results in the wrongful death of another person should be handled in the courts. As a survivor, you are entitled to compensation for your loss, including the loss of support, income, companionship, funeral expenses, and more. By taking aggressive action, you can also hold the responsible party accountable and help prevent incidents like this from taking the life of another person. At the Law Offices of Maloney & Campolo, our San Antonio wrongful death attorneys know how traumatic this time can be for you and seek to make the process as simple as possible. Take the time to grieve and heal while we launch a campaign to recover what you are entitled to. Initial consultations with our San Antonio trial attorneys are free and confidential. Request yours and speak to a lawyer today at (210) 922-2200.
Why Choose Our Law Firm?
- We represent clients on a contingency fee basis. We want to make legal services available to all families. You will not pay any upfront costs, and no legal fees unless we secure compensation on your behalf.
- We have a proven record of success. Our firm has obtained more than $150 million in results for past clients, including wrongful death cases. Our firm has a success rate of 95%.
- We care about our clients. At the Law Offices of Maloney & Campolo, your San Antonio personal injury attorney will truly care about your family and your loved one. You will receive undivided attention from your attorney at all times.
- What is defined as wrongful death?
- Who can file a claim?
- Damages you can recover.
- Time limit to file a claim.
- Common causes of wrongful death.
What Is Wrongful Death?
Texas law defines wrongful death as the passing of someone due to another person’s wrongful act, neglect, carelessness, unskillfulness, or default causes, according to Section 71.002 of the Civil Practice and Remedies Code. The statute says that a person will be liable for an injury that causes death in these circumstances. For the most part, if the deceased person would have been able to file a personal injury lawsuit after the accident, surviving family members will have the right to pursue a claim if the accident led to death. A San Antonio wrongful death lawyer can let you know if your family has a case after an unexpected loss.
Who Can File a Wrongful Death Claim in Texas?
If one person has died due to the legal fault of someone else, then a claim can be bought on their behalf. In Texas, this wrongful death suit is to be filed by a representative of the survivors, usually the executor of their estate but can also include other family members of the deceased such as:
- Surviving spouse, children, or parents;
- Adult children;
- Adopted child for an adoptive parent only;
- Adoptive parents for an adopted child; excepting
- Siblings filing on behalf of the other.
If anyone besides the executor of the estate seeks to file a wrongful death claim in San Antonio, it must be completed within three months of their passing. Filed with the executor, there are two years from the time of death to bring a claim on your behalf. With so little time to act, it is important that you can be sure that your case is in the right hands while you recover from your tragic loss.
What Damages Can I Recover?
Nothing can ever compensate for the untimely death of a loved one, and wrongful death claims are meant to help you cope during this time. The financial compensation you may be granted can help ease this time and the financial burden you may otherwise carry. When you work with our San Antonio wrongful death attorneys, you can recover money aimed at covering lost earning capacity, lost care and support, mental and emotional pain and suffering, loss of companionship, loss of inheritance, and even punitive damages.
Deadline for Filing a Wrongful Death Claim in Texas
All types of personal injury claims in Texas have deadlines or statutes of limitations. State law imposes deadlines to encourage people to come forward with their claims as quickly as possible, to make the legal process more just for both parties. In the state of Texas, claimants have two years from the date of the deceased person’s death to take legal action and file a wrongful death lawsuit. Only a handful of exceptions to this rule exist. It is critical to speak to a wrongful death attorney in San Antonio before two years have passed after losing a loved one. If you miss your deadline, you could lose the right to file forever.
Common Causes of Wrongful Death in San Antonio
The loss of a loved one is the most tragic outcome of someone’s negligence. When an employer, manufacturer, property owner, doctor, or another party negligently fails to uphold its duties of care according to law, serious and fatal accidents can happen. Although wrongful death can happen under almost any circumstances, some causes are more common than others.
- Car accidents
- Bicycle accidents
- Unintentional poisoning (including drug overdoses)
- Drowning incidents
- Motorcycle accidents
- Criminal activity
- Pedestrian accidents
- Workplace accidents
- Medical malpractice
- Defective or dangerous products
If you lost a loved one under any of these circumstances or another type of accident, contact a San Antonio wrongful death lawyer. An attorney can investigate your relative’s passing, gather any evidence of wrongdoing, hire expert witnesses, and help you build a case against one or more defendants. You do not have to handle your claim alone, seek legal advice from our experienced attorneys.
The four main elements of proof necessary to win this type of claim are duty, breach of duty, causation, and damages. You or your attorney will need to prove that the defendant owed your loved one a duty of care, breached this duty, caused the accident and that your loved one suffered fatal injuries as a result. Using an experienced wrongful death attorney to represent your case can remove the burden of proof from your shoulders during this difficult time. You can focus on your family while your lawyer handles the legwork of your claim.
Benefits of Hiring a Wrongful Death Lawyer
Proving that a negligent party caused your loved one’s death can be a complicated process, especially for someone without legal knowledge of state laws. Hiring a law firm with experience representing wrongful death claims will increase your chances of securing compensation for an untimely death. A legal team will gather evidence to support your claim, file all the necessary paperwork, and be able to fight for your case to obtain the best possible outcome. During these difficult times you need someone fighting for you while you mourn your loss, the Law Offices of Maloney & Campolo will stand by you and work tirelessly for justice.
Contact Us Today For a Free Consultation
Speak to an attorney with experience handling wrongful death lawsuits in San Antonio today. Contact us for a free case evaluation. We can break down your rights and options in the state of Texas after the unexpected death of a loved one. Call (210) 922-2200 to schedule your meeting.