Losing a loved one is painful and overwhelming. Often, the surviving family members find themselves in circumstances that seem to get worse and worse. This is never more true than in a case of wrongful death. The completely unexpected loss of a loved one affords no time for mental or financial preparation. And if your family member’s death was caused by someone else’s negligence or carelessness, that only compounds your grief. At Thompson Law, we know how all-consuming these losses can be. A San Antonio wrongful death lawyer will advocate for your family when they need it most.
In Texas, wrongful death is when:
You might think of a wrongful death claim as a personal injury claim where the injury resulted in death. Just like a personal injury claim, a wrongful death claim might involve any number of events, including negligence, medical malpractice, or intentional acts. Negligence can include incidents like drunk driving accidents and intentional acts can include crimes like assault and battery.
At Thompson Law, our skilled team has years of experience with wrongful death cases. While surviving the loss of a loved one can be incredibly challenging, it is essential to seek professional help right away. In Texas, the statute of limitations states that the plaintiff has two years to file. While that may sound like a long time, it is critical for a San Antonio wrongful death lawyer to promptly begin gathering all the necessary documents and facts of the wrongful death. The longer you wait, the less likely you are to build a strong case.
A wrongful death attorney offers the following:
A wrongful death claim is a lawsuit that involves a negligent act that resulted in someone’s death. Every state in the US has its own unique wrongful death laws that allow surviving family members to seek compensation for damages and losses.
In Texas, the following person(s) can file a wrongful death claim:
One or more of the decedent’s family members can file on behalf of them all. If no family member files a claim within three months, an executor of the decedent’s estate may file. In Texas, a wrongful death claim is filed in the state’s civil courts. Because of the two year statute of limitations, it is essential to seek professional guidance to ensure the proper deadlines and requirements are met.
In a wrongful death case, “damages” are the plaintiff’s claimed losses. Damages might include:
In Texas, damages in a wrongful death case can cover a wide range of losses. A San Antonio wrongful death attorney can help your family get the fair compensation they deserve after a tragic event. You can read the full text of Texas’s wrongful death statutes here.
Thompson Law offers assistance with no out of pocket charges. We understand that wrongful deaths are not only tragic and painful, but very expensive. The average funeral costs between $7,000 and $12,000. Those estimates do not include the cost of flowers, an obituary, monuments and markers, or the cemetery. A wrongful death might also involve surgeries, extensive hospital bills, and the loss of essential wages.
Our wrongful death lawyers want to help you get the fair compensation your family deserves. If you are ready to take legal action, contact us today for your free consultation. A wrongful death attorney at Thompson Law will advocate for you and your family every step of the way as you focus on mourning and grieving your loss.
In Texas, wrongful death describes a suit where one person causes another person’s death through negligence, carelessness, or unskillfulness. Examples of wrongful death include drunk driving accidents, medical malpractice, and criminal acts such as assault and battery. When wrongful death occurs, surviving family members can hold the guilty accountable with a wrongful death suit seeking compensation for damages.
In Texas, you have two years from the date of death to file a wrongful death suit. A skilled wrongful death attorney can help ensure you meet all the legal requirements and deadlines necessary. If a wrongful death lawsuit is not filed by the proper person within the time allowed by law, you will lose your right to recover monetary damages.
While many wrongful death cases settle out of court, anyone filing a lawsuit should prepare for the possibility of having to go to trial. A skilled wrongful death attorney can litigate on your behalf to ensure the best possible outcome for you and your family.
In Texas, damages for wrongful death can include funeral and burial expenses, loss of financial support, loss of possible inheritance, pain and suffering, and loss of society, companionship, support, and care. In some instances, punitive damages might be sought. These are damages intended to punish the guilty party and deter other parties from engaging in the same conduct.
Each state has its own unique wrongful death laws regarding who can bring a claim and how settlements are to be distributed. Here is a guide to wrongful death claims for every state in the US.
In Texas, the surviving spouse, children, or parents can file a wrongful death claim. If no family members file, an executor of the deceased person’s estate may file. Here is a complete guide to wrongful death claims in Texas.
Thompson Law offers free case reviews to every potential client so we can help you determine the best legal approach to pursue. We receive no attorney fees and you pay no legal expenses unless you get compensated for your accident.
Thompson Law’s personal injury lawyers and their legal teams treat every client with respect, empathy, and compassion. We understand that there is no one-size-fits-all approach, as every case is unique and different. Our firm won 15 of the top 50 settlements in Texas in 2021, as well as the 2nd and 3rd largest personal injury settlements in the State in 2020. We can help you, too.
State law limits the time to file a claim following a personal injury accident. If you have been injured, call now for the help you need.