San Antonio Wrongful Death Attorney
When it comes to wrongful death cases, Hill Law Firm is one of the most experienced and proven firms in San Antonio. We understand that the loss of a loved one or family member is one of the most painful experienced someone can endure. If that loss is unexpected or came as the result of an accident or negligence, then that pain is compounded by uncertainty, questions, and a lack of closure. Although you cannot bring back a loved one or replace what their relationship meant, you can hold any negligent parties responsible, as well as recoup costs related to earning capacity, medical expenses, funeral expenses, and loss of consortium. If you are the surviving family member of someone who was lost in an accident, contact our office today and set up a free consultation to explore your legal options.
What is Wrongful Death?
We are often asked by clients to explain the concept of wrongful death. The Texas Wrongful Death Act can be found in Chapter 71 of the Texas Civil Practices and Remedies Code. A wrongful death claim is an action that allows a party to sue for the injuries or negligent actions that killed someone. The elements of a wrongful death action generally include showing that a death was caused in whole or in part by the conduct of another person or company, that the person or company was negligent or legally responsible for the death through their actions, that there are surviving beneficiaries or dependents, and that monetary damages have been suffered as a result of the death. Our firm handles wrongful death cases that were a result of:
- Car Accidents
- Trucking Accidents
- Drunk Driving Accidents
- Oil & Gas and Refinery Accidents
- Food Poisoning
- Auto Defects
- Product Liability
- Medical Malpractice
What are the Damages for Wrongful Death?
Damages in a wrongful death lawsuit are intended to compensate surviving family members or dependents after a loved one’s death and are divided among the survivors proportionally as determined by the court. These damages include:
- Pecuniary loss for the care, maintenance, support, services, advice, counsel, and reasonable contributions of a pecuniary value that the beneficiaries would have received from the decedent had the decedent lived, including earning capacity
- Loss of companionship and society which includes damages for loss of consortium
- Mental Anguish
- Loss of Inheritance, including what the deceased would have been able to save if they had lived a normal, expected lifetime
When the death is caused by the willful act or omission or gross negligence of the defendant, exemplary damages may be recovered. In other states, these are known as punitive damages because they are intended to punish and deter the same type of behavior in the future.
Who Can File a Claim?
In Texas, parents, children, and spouses may file a wrongful death claim. Under current Texas law, same-sex spouses as well as siblings and grandparents may not bring a wrongful claim.
Statue of Limitations
In most cases, the surviving family members have two years from the date of the accident or death to file a claim against a negligent party. Failing to meet this deadline means that they may lose the right to file a claim. That is why it is imperative to seek legal counsel immediately after a death to secure the ability to file.
Contact Our Experienced Attorneys
Hill Law Firm has represented people all over the state of Texas and the nation in wrongful death lawsuits. We collaborate with investigators, experts and sometimes other lawyers to evaluate the various facts associated with your wrongful death lawsuit to ensure you receive the best possible representation.
The team of San Antonio wrongful death attorneys at Hill Law Firm are here to answer any questions you may have regarding your potential wrongful death lawsuit. Call our office today for a free case evaluation.