The unexpected loss of a loved one is a very painful experience. Suddenly, a spouse is gone. Or a parent. Or a child. And it's much worse if your loved one's death happened because someone was negligent or careless. The San Antonio wrongful death lawyers at Tracey Fox & Walters can help you hold that person responsible.
A wrongful death is one that is caused by the negligent, reckless or careless actions of another person. For example, a distracted driver can cause a fatal accident. A careless doctor can prescribe medications that lead to a deadly drug interaction. A wrongful death can also occur in cases of product liability, premises liability or criminal acts.
The loss of your loved one can also have a big financial impact on your family. There is the cost of any medical care your loved needed before passing away. There are funeral costs. There is the loss of income, if your loved one helped support the family.
In a wrongful death suit, you can seek financial compensation for medical and funeral expenses, pain and suffering, loss of companionship, loss of care, advice or support and loss of inheritance. In some cases, punitive damages can also be sought. People, companies and government agencies can be held liable.
Helping families find answers
Money isn't going to change what happened. But it is compensation you are owed for the loss you suffered. And it can give you some financial security as you adjust to life without your loved one. It is also a way to get justice.
Texas law allows two years following the date of a loved one's death to file a wrongful death claim. Only the spouse, biological or adult children and/or parents can file the claim within those first three months, either singly or jointly. An executor or administrator of the estate can file a claim on their behalf after those three months.
We advise that you contact an attorney as soon as you can. A wrongful death suit can be complicated. It must be proven that a person's action or inaction was responsible for the loss of life. It's important to gather evidence and talk to any witnesses sooner rather than later. Evidence can be lost, and witnesses can forget important details or move away.
Should I file a claim or a lawsuit?
If your loved one died due to someone else’s reckless or negligent behavior, you generally have two legal options available to you for obtaining financial compensation for the loss of your loved one. You can:
- File a claim with the at-fault party’s insurance company.
- File a lawsuit against the at-fault party.
There are benefits to each approach. If the at-fault party readily admits wrongdoing, filing a claim with their insurance company might be the best way to get the compensation you deserve.
However, many times the at-fault party or their insurance company refuses to admit wrongdoing. They might even try to claim your loved one somehow caused their own death. In such cases, filing a lawsuit may be the best approach to resolve your legal matter.
Who can I sue for wrongful death?
In general, anyone eligible to take legal action after the death of a loved one (primarily immediate family members) can file a lawsuit against anyone (or any business) directly responsible for the fatal accident. Many people choose to do this if the insurance company makes a lowball settlement offer, refuses to negotiate or denies the claim altogether.
One thing to remember is wrongful death lawsuits are civil court matters. They are completely separate from any criminal charges related to the death of your loved one. So, if you do not file a lawsuit, you may not receive the compensation you deserve for the loss of your loved one.
How much money can I receive?
The value of a wrongful death claim can vary widely depending on the circumstances of the case. What matters is you should be financially compensated for all your expenses related to the death of your loved one. This often includes:
- All medical and hospital bills
- Funeral expenses
- Lost future income (the money your loved one could have earned in the future)
- Pain and suffering in many cases
No one can put a price on a value of someone’s life, but your attorney can and should advocate for the maximum financial compensation on your behalf. Remember, your loved one didn’t do anything wrong. You deserve to be compensated for their loss.
Trust us to focus on your needs
The legal team at Tracey Fox & Walters in San Antonio takes the time to look through every detail of what happened to your loved one. If there are questions about what happened, we will look for the answers. Our goal is to help you get as much compensation as possible for your loss. From experience, we know the way to do that is to build a very strong case we are prepared to fight in court.
Some cases go to trial. Others are resolved through a negotiated settlement. But we won't stop fighting until we get the right results for you. And you pay us nothing unless we win. We'll cover all the expenses of moving your case forward.
One of our attorneys can explain all your options and answer your questions. Contact us to schedule a free case evaluation.
