Toward the end of their lives, many people wish they'd spent more time with family. But what happens when you survive after losing a close family member to a fatal accident caused by another's negligence or wrongdoing? Emotionally, it's like hitting the wall. Legally, however, it's important to know what you may be entitled to take legal action by filing a wrongful death lawsuit.
At The Law Offices of Tyler & Peery, we can help you understand your legal options after losing a loved one. Give us call today for a free initial consultation with one of our San Antonio wrongful death attorneys. We provide compassionate, personalized legal guidance for clients throughout Texas.
Call our office at (210) 774-6445 or contact us online to find out how we can help you.
Can You Bring A Wrongful Death Claim?
In Texas, only certain types of family relationships qualify for potential wrongful death claims. Brothers and sisters aren't included, nor are aunts, uncles, or godparents.
If, however, you lost a child, parent, or spouse to a death caused by another person’s negligence, you may be able to obtain compensation in a wrongful death lawsuit. Additionally, in some circumstances, the executor of the person who died may be able to bring a claim, depending on whether the surviving family members have done so.
Damages in Your Wrongful Death Claim
The damages that you can seek in a wrongful death claim can be quite dissimilar than the average personal injury claim. Rather than demanding compensation only for yourself, your claim may also seek compensation and justice for the deceased.
Unique damages that can be cited in a wrongful death claim include:
- Deceased’s income they would have earned in life
- Value of services and care regularly provided by the deceased
- Cost of final medical care provided to the deceased in their last days
- Funeral, burial, and wake expenses
- Grieving suffered by the deceased’s loved ones
There is also the chance that a court could approve punitive damages in your wrongful death claim. Punitive damages are used to further punish the defendant for egregious or criminal wrongdoing that led to the deceased’s death. For example, if your loved one was killed by a drunk driver who had a blood alcohol concentration (BAC) level more than double the legal limit, then you could likely argue that punitive damages are justified.
Factors That Affect a Wrongful Death Claim’s Value
Each wrongful death claim is unique, and it needs to be approached with this fact in mind. Our San Antonio wrongful death lawyers always consider all angles for a wrongful death claim to accurately calculate owed damages.
The total value of your wrongful death claim will be adjusted due to the deceased’s:
- Earning potential
- Age and health before their accident or fatal illness
- Liability for their accident or illness
What We Can Do for You
Wrongful death cases have many peculiarities. For example, if the death was caused by a willful act or gross negligence, punitive damages (called "exemplary" damages in Texas statutes) may be available.
Our wrongful death attorneys in San Antonio have the skills and resources to build strong claims in all types of wrongful death cases. We know how to investigate fatal accidents and other incidents that resulted in untimely death—and then take the necessary steps to identify responsible parties and hold them accountable. Our proven track record makes insurance companies treat us with respect and helps us negotiate maximum compensation for our clients.
We encourage you to contact our office today by phone at (210) 774-6445 or by completing a brief online form. Our lawyers serve clients in Bexar County and throughout Texas.