Losing a loved one unexpectedly is one of life’s most devastating experiences. When that loss occurs due to someone else’s negligence or wrongful actions, a San Antonio wrongful death lawyer can help you seek justice and financial recovery.
At Omega Law Group Accident & Injury Attorneys, we put our clients first, always! Our team of compassionate San Antonio personal injury lawyers understands the financial hardship your family faces after a tragic loss. Contact our law offices to learn your legal options.
Understanding Wrongful Death Claims
Under Tex. Civ. Prac. & Rem. Code §§ 71.001 to 71.003, a wrongful death claim arises when a person dies due to another party’s wrongful act, neglect, carelessness, unskillfulness, or default. These cases function similarly to personal injury claims, except the injured person can no longer file the lawsuit themselves.
Wrongful death claims are meant to help families recover financially after a loss and hold the responsible party accountable. No amount of money can ever replace your loved one, but this kind of recovery can help provide some stability for your family moving forward.
Negligence
Most wrongful death cases are based on negligence. Negligence occurs when a person or organization fails to exercise reasonable care, resulting in a fatal accident.
To establish negligence, we must generally prove that the defendant owed the deceased a duty of care, breached that duty, directly caused the fatal injuries, and that the death resulted in measurable damages.
Intentional Wrongful Acts
A wrongful death claim may also arise when a person intentionally causes another person’s death through a criminal or intentional act, such as assault or other acts of violence.
Even if criminal charges are filed against the responsible party, surviving family members may still pursue a separate civil wrongful death lawsuit seeking financial compensation. A civil claim is independent of the criminal case and is decided under a different legal standard.
Medical Negligence
Healthcare providers may be liable when a patient dies because they failed to meet the accepted standard of medical care. Medical negligence can include:
- Delayed or incorrect diagnoses
- Medication mistakes
- Anesthesia errors
- Birth-related injuries
- Failures to properly monitor and treat patients
Who Can File a Wrongful Death Claim in Texas
Texas law sets out who is allowed to file a wrongful death claim. This helps ensure that the people closest to the person who passed away are the ones who can pursue compensation. The following parties can file a wrongful death lawsuit in Texas:
- Surviving spouses who were legally married to the deceased person at the time of death, including same-sex spouses
- Biological and legally adopted children of the deceased, including adult children
- Parents of the deceased, including biological and adoptive parents
- The legal representative of the deceased person’s estate, but only if the above family members don’t file within three months of the death
Texas law does not permit siblings, grandparents, or other relatives to file wrongful death claims, regardless of how close their relationship was with the deceased.
Has someone else's negligence caused the death of a loved one?
Our wrongful death lawyers in San Antonio are here to help.
(310) 526-8383
Common Causes of Wrongful Death in San Antonio
Wrongful death cases in San Antonio result from various incidents, many of which could have been prevented with proper care and attention:
- Medical malpractice also accounts for many wrongful death cases. These may include surgical errors, misdiagnosis, medication mistakes, birth injuries, or failure to provide appropriate treatment. Proving these cases requires specialized knowledge of both medicine and law.
- Workplace accidents (especially in construction, manufacturing, and oil field jobs) still cause fatalities in Texas every year. When employers don’t provide safe working conditions, proper training, or the right equipment, they may be held responsible for a resulting death.
- In some cases, dangerous or defective products, including vehicles, medications, medical devices, and other consumer items, can cause fatal injuries. When that occurs, responsibility may extend to manufacturers, distributors, and retailers involved in getting the product to the public.
- Acts of violence resulting from inadequate security measures can also lead to wrongful death claims against property owners who failed to provide reasonable safety precautions.
- Vehicle accidents represent a leading cause of wrongful death claims, including car crashes, truck accidents, motorcycle collisions, and pedestrian fatalities. San Antonio’s busy highways and growing traffic congestion contribute to these tragic incidents.
Types of Compensation Available in Wrongful Death Cases
Economic damages cover the financial losses caused by your loved one’s death. With the right records and expert input, these losses can be calculated fairly clearly. They may include lost income, the value of future earnings, loss of expected inheritance, the household services your loved one would have provided, and costs connected to the death.
A San Antonio wrongful death attorney may work with financial experts to project what the deceased would have earned and contributed to the family over their expected lifetime. These calculations take into account factors such as age, education, occupation, health, and career trajectory.
Non-economic damages cover the emotional and personal losses that come with losing a loved one. These don’t have a set dollar value, but they reflect very real harm. This can include the loss of companionship, emotional suffering, mental anguish, and the loss of the care, guidance, and support your loved one would have provided.
Did your loved one pass due to negligence of someone else?
Our wrongful death lawyers in San Antonio are here to help.
(310) 526-8383
The Wrongful Death Claim Process in Texas
Pursuing a wrongful death claim can feel overwhelming, especially while you are grieving the loss of a loved one. Although every case is different, the legal process generally follows several key steps. Our experienced wrongful death attorneys in San Antonio will protect your right to seek fair compensation.
Thorough Investigation
Our San Antonio wrongful death lawyers will investigate your loved one’s wrongful death by compiling a wide range of evidence, including:
- Police reports
- Accident scene evidence
- Medical records
- Autopsy reports
- Surveillance footage
- Witness statements
- Employment records
- Expert opinions
Filing the Wrongful Death Claim
Once we have collected sufficient evidence, we will prepare and file the necessary legal documents. These filings identify the responsible parties, explain the legal basis for the claim, and outline the damages your family has suffered.
Because Texas law imposes strict deadlines for filing wrongful death lawsuits, begin the process as soon as possible to avoid losing your right to pursue compensation.
Settlement Negotiations
Many wrongful death claims are resolved through settlement negotiations before reaching trial. During this stage, our attorneys will communicate with insurance companies and defense attorneys. We will present evidence supporting your claim and negotiate aggressively for full compensation.
Litigation and Trial
If the responsible parties refuse to offer a fair settlement, we may recommend filing or continuing a lawsuit through the court system. Litigation typically involves:
- Exchanging evidence during discovery
- Conducting depositions
- Filing legal motions
- Preparing expert witnesses
If a settlement still cannot be reached, your case will proceed to trial, where a judge or jury will determine liability and award damages based on the evidence presented.
Distribution of Compensation
If a settlement or court award is obtained, the compensation is distributed to the eligible family members. In Texas, wrongful death damages are usually shared among the surviving spouse, children, and parents.
Family members may agree on how the recovery will be allocated, or the court may determine each person’s share based on the circumstances of the case and the losses each beneficiary has suffered.
Did your loved one suffer a
wrongful death?
(310) 526-8383
Texas Has a Statute of Limitations for Wrongful Death Lawsuits
Wrongful death claims in Texas must be filed within two years of the date of death in most circumstances, based on Tex. Civ. Prac. & Rem. Code § 16.003. This legal deadline, known as the statute of limitations, emphasizes the importance of consulting with an attorney promptly, even during a time of grief.
Although two years may seem like a long time, building a successful wrongful death claim often requires significant preparation. Your attorney will need to investigate the circumstances of the death. As time passes, evidence can be lost, witnesses’ memories can fade, and important records may become more difficult to obtain.
Steps Families Can Take After a Fatal Accident to Protect the Value of the Wrongful Death Claim
The days and weeks following the loss of a loved one are incredibly difficult. Taking certain steps early on can help preserve important evidence and protect your family’s ability to pursue a wrongful death claim. Our experienced San Antonio wrongful death lawyers can handle the legal aspects of your case, allowing you to focus on your family.
After the fatal accident, take these steps to protect the value of your wrongful death lawsuit:
- Contact our experienced wrongful death attorneys as soon as possible. Early legal representation allows your attorney to begin investigating the accident and preserve critical evidence.
- Obtain copies of important records. Gather documents such as the death certificate, medical records, police or accident reports, emergency response records, and any available photographs or videos related to the incident.
- Document your family’s financial losses. Save receipts, invoices, and records of funeral and burial expenses, medical bills incurred before your loved one’s passing, and documentation of lost income or financial support. These records can help establish the full extent of your damages.
- Keep records of the personal impact of your loss. Consider maintaining notes about the emotional and practical effects the death has had on your family. While no document can fully capture your loss, this information may help demonstrate the loss of companionship, guidance, care, and support your loved one provided.
Although nothing can lessen the pain of losing a loved one, taking these steps can strengthen your family’s wrongful death claim. Our experienced San Antonio wrongful death attorneys can manage the legal process.
How a San Antonio Wrongful Death Attorney Can Help
Working with compassionate legal counsel allows you to focus on your family while professionals handle the legal aspects of your case. Our attorneys at Omega Law Group have won millions of dollars for grieving families across Texas.
We handle all aspects of your claim, from investigating the circumstances of your loved one’s death to negotiating with insurance companies and representing you in court if necessary.
We stay in touch with you throughout the process and make sure everything is explained in clear, straightforward language. When it comes to settlement negotiations, we advocate for you and your family and won’t accept offers that don’t fairly reflect your losses and what you’ve been through.
Contact Our San Antonio Wrongful Death Lawyers Today
We understand that no legal case can bring your loved one back or fully take away the pain of your loss. Still, holding the responsible party accountable can offer a sense of justice and help provide financial stability for the road ahead.
We offer free, confidential consultations to discuss your situation and explain your legal options. Our contingency fee structure means you pay no legal fees unless we secure compensation for your family.
Don’t carry this burden alone. Contact Omega Law Group today to speak with a dedicated wrongful death attorney in San Antonio who will treat your case with care.
