San Antonio Wrongful Death Lawyer
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Compassionate Legal Help for San Antonio Wrongful Death Claims
Losing a loved one is an emotional experience for anyone. But unexpectedly losing a loved one from the negligence of another is unimaginable pain. Feelings of sadness, anger and loss can emotionally cripple a person. In these types of cases, fighting for justice is the ultimate goal for a San Antonio Wrongful Death Lawyer. Receiving compensation is a secondary benefit of a wrongful death case. Often, when a loved one passes the financial void that is left can seem unbearable—especially if the deceased was the sole provider. However, we can help alleviate the financial burden a victim’s family is experiencing. We recognize that money will never make the heartache go away, but it can be the first step to helping you heal.
There is no such thing as adequate compensation for the loss of a loved one. But there are provisions written into law that make it possible to make things right. With more than 40 years of experience, The Carlson Law Firm can help you recover compensation for your economic and non-economic losses. If you believe your loved one died as a result of another’s negligence, wrongful act or neglect, we urge you to talk to caring, experienced San Antonio wrongful death lawyer.
Our firm is dedicated to pursuing wrongful death cases and we will work tirelessly on you and your loved one’s behalf. Contact one of our San Antonio offices today.
What is a Wrongful Death Lawsuit?
A San Antonio Wrongful Death lawsuit can be brought any time a person dies in a situation where they would have been entitled to a personal injury claim. These claims can be brought any time negligence was involved. For example, wrongful death claims can be filed for auto accidents, defective products, work injuries, dog attacks and dangerous premises.
Common Causes of Wrongful Death
Wrongful deaths can occur for any number of reasons. While many times accidents result in serious injuries, the negligence of another person can have far deadlier consequences for your loved ones. A San Antonio Wrongful Death Lawyer from The Carlson Law Firm can help in the following situations:
Car accidents are one of the leading causes of San Antonio wrongful death. Distracted drivers, drunk or impaired drivers, aggressive drivers, road construction and pedestrian fatalities are among the leading causes of death in America, and the most common causes of a wrongful death lawsuit.
Truck accidents are not only the most deadly of crashes, but they also commonly result in complex legal cases. The victims of deceased truck accident victims will require experienced legal counsel well versed in this unique field of the law to fully protect their legal rights. A San Antonio Wrongful Death Lawyer can assist your family if a commercial truck has caused the death of a loved one.
Because they are completely unprotected in a collision with a moving vehicle, pedestrians are often seriously injured or even killed when they’re struck by any type of motor vehicle. In 2010, there were 4,280 pedestrian fatalities, averaging out to one death every 2 hours that year. Older adults and children are at a high risk of being injured or killed in a pedestrian accident, although anyone can suffer from this type of accident. Common factors in pedestrian accidents include reckless driving, limited field of vision, and lack of pedestrian walkways.
A property owner or occupier in San Antonio may fail to take reasonable steps to protect visitors from harm by repairing a dangerous condition on the premises or warning visitors about the hazard.
Fatal injuries can result from an attack that occurs due to a dog owner’s failure to follow local leash laws or to otherwise reasonably restrain or handle the dog. For example, if a child wanders into a stranger’s backyard unfenced backyard and is mauled to death, the child’s family can seek compensation. The Carlson Law Firm has a qualified San Antonio Wrongful Death Lawyer ready to talk to you about your case.
When medical professionals fail to provide the required level of care resulting in the death of a patient, the family may seek a wrongful death lawsuit based on facts that indicate a possible prescription error, misdiagnosis, emergency room error, surgical injury, misdiagnosis or delayed diagnosis or even medical equipment malfunction.
Unfortunately, many nursing homes fail to provide adequate care to the elderly residents under their care. Due to the frailty of their condition, even a slight injury to a nursing home resident can be fatal. If your loved one has suffered abuse or neglect in a nursing home that leads to an unexpected you can seek compensation. Contact our firm today to speak with a qualified San Antonio Wrongful Death Lawyer.
When you purchase or work with a product, you are entitled to the product working safely. Because of this, designers, manufacturers, distributors, and sellers of products must minimize the risk of harm from their products to the public. A death that results from faulty design, defective manufacturing process, or failure to warn of possible injuries or death can be the basis for a wrongful death lawsuit.
Any death that occurs in the workplace as a result of company negligence can be the basis of a wrongful death lawsuit. These commonly include illness due to unsafe work environments, fires or explosions, faulty equipment, or improper training and machine related incidents. Surviving family members may be able to bring a third-party liability claim and seek a financial recovery that goes beyond what workers’ compensation benefits provide.
Can I bring a Wrongful Death Claim?
In San Antonio, certain members of the decedent’s family can file a wrongful death claim. This includes the surviving spouse, the children and the parents of the decedent. Additionally, adopted parents can file a wrongful death claim if the adoption was legally and fully completed. An adopted child may also file a claim for their parent.
Family members may file claims as individuals or a group.
Under Chapter 71 of the Texas Civil Practice and Remedies Code, wrongful death claims may filed by certain parties if the death is caused by the wrongful act, carelessness, unskillfulness, neglect, or default of another person or corporation.
A San Antonio Wrongful Death Lawyer help you determine what is best for you particular situation.
Types of Wrongful Death Damages
Damages awarded in a San Antonio wrongful death claim are meant to compensate families for their losses. The types of damages that are recoverable vary. Often, these claims depend on whether or not the claimant is a surviving spouse, parent or child.
The most common damages include:
- Mental anguish
- Earning capacity loss
- Inheritance or financial loss
- Lost household services
- Loss of care, support, guidance, or counsel
- Lost love or companionship
There are some cases when the act is done willfully or gross negligence that surviving family member can recover exemplary or punitive damages. These types of damages penalize or punish the defendant for their gross negligence. Additionally, they send a message to help ensure that such gross negligence does not happen again.
Proving Negligence in a San Antonio Wrongful Death Claim
Negligence is when someone fails to carry out certain standards of conduct that a reasonable person would do. For example, negligence occurs when an individual behaves in a way the causes or fails to prevent damages or harm to another. When a person violates these standards, the law requires compensation to the person or family they caused harm or loss.
To establish liability in a wrongful death, the plaintiff will have to prove four elements:
- The defendant engaged in negligent behavior
- The negligent behavior led directly to a victim’s death
- The surviving family members are legal beneficiaries of the victim’s estate
- The surviving family members have sustained measurable loss as a result of the victim’s death
A survival claim is another type of claim filed against the defendant responsible for your loved one’s death. A survival claim is actually a claim against the defendant for the pain and suffering that they caused your loved one. In other words, you’re taking over the claim your loved one would have had.
Technically speaking, the survival claim does not belong to any particular family member. Instead, it belongs to the deceased person.
Wrongful Death Claim Statute of Limitation
Generally, in Texas, surviving family members are required to file their lawsuit within two years of the decedent’s death. There are a few rare and limited exceptions to this rule. But, generally, the best practice is to bring a suit within two years of your loved one’s death.
Wrongful death claims are complex. You need a qualified San Antonio Wrongful Death Lawyer to assist you in seeking justice for your loved one. Contact The Carlson Law Firm to speak to one of our personal injury attorneys today.
HOW A San Antonio WRONGFUL DEATH LAWYER FROM THE CARLSON LAW FIRM CAN HELP
There is not enough money in the world to make up for the pain and suffering you experience when you lose a loved one. In San Antonio courts, wrongful death claims are often complex. These cases require careful investigation to ensure surviving family members receive fair compensation.
A San Antonio wrongful death lawyer from The Carlson Law Firm firm can be your guide through this difficult process. We will be by your side every step of the way. We can also aggressively pursue compensation for the lost loved one. The goal of a San Antonio wrongful death lawyer is to protect your rights. The Carlson Law Firm can ensure that your family gets the compensation that you deserve.