San Antonio Wrongful Death Lawyer

Did You Lose a Loved One in a Tragic Accident Due to Someone Else's Negligence?

Losing a loved one is painful and overwhelming. Often, the surviving family members find themselves in circumstances that seem to get worse and worse. Our San Antonio wrongful death lawyers understand 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, our San Antonio wrongful death lawyers know how all-consuming these losses can be for the surviving family members. We will advocate for your family when they need it most. If you have lost a loved one due to someone else’s negligence, our thoughts and prayers go out to you and your loved ones during this difficult time in your lives. If you are ready to start pursuing justice for the emotional and financial damages you are experiencing, call our San Antonio wrongful death lawyers today for a FREE CONSULTATION.

San Antonio Wrongful Death Lawyer

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What Does Wrongful Death Mean?

In Texas, wrongful death is a civil claim brought by the surviving family members of a decedent who perished due to the negligent actions of another person or entity, such as an employer or company. The ability to file a wrongful death claim applies when:

  • An accident caused injuries which directly led to a person’s death
  • The injury is a result of someone else’s “unskillfulness, carelessness, neglect, wrongful act, or default”
  • The injured person would have been entitled to file a personal injury claim for their injuries if they had survived

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.

If you believe you may have a valid legal cause of action for filing a wrongful death claim, call our San Antonio wrongful death lawyers for a FREE CASE EVALUATION. We can listen to the facts of your case, provide guidance, and let you know if we might be able to help. If we believe you have a basis for a wrongful death claim, we can get you signed up with our firm over the phone or in person and begin working on your accidental death claim today.

Common Causes of Wrongful Deaths in Texas

Car accidents are the most common cause of wrongful death in Texas simply due to the large number of miles traveled in our state each year, which unfortunately gives a lot of opportunities for fatal car accidents to occur as you can see in the figures below.

The most common causes of wrongful death in Texas include:

  • Car Accidents:  In 2021, the annual vehicle miles traveled in Texas reached an estimated 288.227 billion. In San Antonio in 2021, 171 fatal auto crashes caused the deaths of 182 people.
  • Pedestrian Accidents:  Pedestrians being struck by vehicles is not uncommon in San Antonio. In 2021, there were 65 collisions with pedestrians in San Antonio which caused the deaths of 66 pedestrians. In all of Texas in 2021, there were 819 pedestrian accidents which led to 824 fatally injured pedestrians.
  • Workplace Accidents:  According to the Bureau of Labor Statistics (BLS), there were 608 fatal occupational injuries in 2019, with transportation incidents being the largest component at 283 fatalities. In 2019, most wrongful death workplace accidents in Texas occurred in industries such as construction (123 fatal workplace accidents), natural resources and mining (72 worker fatalities), and transportation and warehousing (137 fatally injured workers). Other common work accidents leading to death include falling from height, falling objects, slips, and falls, machine accidents, exposure to toxic substances, oilfield accidents, and more.
  • Medical Malpractice: Medical malpractice can include a variety of negligence on the part of physicians, such as surgery errors, misdiagnosis, delayed or improper treatment, and prescribing incorrect medications. Unfortunately, Texas has the second lowest medical malpractice award payout per capita in the United States, largely because tort reform made it extremely difficult to hold negligent physicians accountable for their wrongdoing.
  • Defective Products:  Wrongful death resulting from defective products is known as a product liability case in personal injury law. Examples of defective product cases include dangerous medications, tainted food, defective vehicle parts, dangerous toys, and dangerous or defective machinery.

If you have lost a loved one in an accident due to the negligence of another person or entity, call our law office for a FREE CASE REVIEW. We can answer your questions, tell you your rights under Texas law, and let you know how one of our San Antonio Wrongful Death Lawyers might be able to help with your case.

How a San Antonio Wrongful Death Lawyer Can Help

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 from the date of death to file a claim for wrongful death. 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.

Our wrongful death attorneys in San Antonio, Texas offer the following:

  • A free consultation with helpful advice and information
  • Expert knowledge of wrongful death lawsuits
  • A strategy for seeking fair compensation for your damages and loss
  • A chance to hold the negligent party responsible
  • Legal representation in court, if the insurance company will not accept liability or make a fair offer

During your wrongful death claim, our San Antonio wrongful death lawyers will:

  • Collect statements from any witnesses to the accident that led to the death
  • Obtain and analyze medical records, including an autopsy report
  • Hire expert witnesses in the appropriate fields, such as medical professionals for survival claims and accident reconstruction experts in auto accident death cases
  • Uncover all sources of recovery (i.e., insurance policies) which we can legally make claims against
  • Investigate the person or entity to highlight the breadth of their negligent actions
  • Craft a demand to send to the insurance company that is tailored to your loved one’s specific accident
  • Negotiate with the insurance company or companies to obtain the maximum settlement possible under law
  • Negotiate any bills or liens associated with the accident

If you are mourning the loss of a family member due to the negligent actions of someone else, do not try to handle your case alone. Wrongful death claims are typically complex and often involve multiple layers of insurance policies. Our San Antonio wrongful death lawyers have the expertise to investigate and recover every penny your wrongful death claim is worth. Call Thompson Law today for a FREE CONSULTATION.

At Thompson Law

We provide wrongful death victims with dedicated and tenacious legal representation, ensuring you get fair value for your claim. A San Antonio wrongful death lawyer at Thompson Law will build a strong case with supporting evidence so you can recover the money you deserve.

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What Damages Can I Recover From a Wrongful Death?

In a wrongful death case, “damages” are the plaintiff’s claimed losses. Damages might include:

  • Lost earning capacity
  • Lost inheritance, including what the decedent could have saved and left to surviving family members
  • The mental pain and anguish of the surviving family members
  • Lost companionship, love, society, and comfort
  • Lost support, care, advice, maintenance, and services the decedent would have given their family members
  • Possibly punitive damages, or damages intended to punish the negligent party and deter others from similar acts
  • Bystander damages if a loved one was witness to the accident that caused the death of their loved one

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. If you want to better understand what damages our wrongful death attorneys believe you can pursue, call us today for a FREE CONSULTATION.

Survival Damages For Wrongful Death Claims

Wrongful death claims are intended to hold negligent parties responsible, prevent future such accidents from occurring, and compensate surviving family members for their financial losses and emotional pain and suffering due to the death of their family member. Conversely, survival claims are for the “pre-death suffering damages” of the decedent. Survival damages are intended to compensate for the pain, suffering, and fear experienced by the deceased family member between the time of the accident and the time of death.

Survival claims typically apply when there is either a large amount of time between the accident and death or when the death itself is particularly excruciating for the deceased family member. For example, if a person is in a car accident and is killed in contact with an 18-wheeler, little to no time passes between the accident and death, so a survival claim is unlikely. If a person was mortally injured in a similar accident and survived for hours before passing away, a survivor claim is more likely to apply.

Unlike a wrongful death claim, survival claims are brought only by the estate of the decedent. The monies recovered in survival claims are then divided up by the will, or in the absence of a will they are divided among the living family members.

Whenever there is evidence that a decedent suffered from pain or fear before passing away, our San Antonio wrongful death lawyers will always file both a wrongful death and survival claim. Call us today for a FREE CONSULTATION. We can help you understand whether a survival claim is likely to apply in your deceased family member’s case.

Thompson Law's Unparalleled Success in Wrongful Death Cases

Hiring a wrongful death lawyer is a big decision, and one made at a very difficult time in your life. You need a law firm with extensive experience handling these difficult claims to ensure you receive maximum compensation for the loss of your loved one.

Thompson Law has handled some of the largest wrongful death claims in the United States. We obtained 15 of the top 50 injury settlements in Texas (a category which includes wrongful death), and one of the top 100 wrongful death settlements in the United States in 2021. You can see more of our results here, but below are a variety of case types we have handled and show the net amounts paid to clients.

  • $11,991,670 – Truck wreck
  • $9,512,498 – Chair causing fire
  • $8,540,000 – Vehicle crashworthiness
  • $8,010,186 – Fuel system failure
  • $7,694,750 – Industrial accident
  • $5,704,363 – Vehicle transmission defect
  • $5,154,600 – Defective lamp/smoke inhalation
  • $4,790,686 – Tire failure
  • $4,021,912 – Cement wall failure
  • $3,963,371 – Plant Explosion
  • $3,833,236 – Construction accident
  • $3,516,463 – Commercial vehicle accident
  • $3,143,193 – Plane crash
  • $3,020,676 – Natural gas leak
  • $2,873,498 – Car accident
  • $2,723,284 – Premises liability accident
  • $2,090,070 – Oil field accident

Again, these are not total settlements we have obtained, they are the amount of money we put in our clients’ pockets. We have handled a vast array of wrongful death accident types, and stand ready to assist you with yours.

While this list does not include all types of wrongful death accidents our San Antonio wrongful death lawyers handle, it provides some idea of the case types we have handled. Call our law firm for a FREE CASE REVIEW to see if we can help you and your family today.

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Hire Thompson Law For Your Wrongful Death Case

Call Our San Antonio Wrongful Death Lawyers Today!

The San Antonio wrongful death lawyers at Thompson Law do not receive any compensation unless and until you do. We work on a contingency fee basis, which means if we can obtain money on your behalf we only earn a percentage of the compensation we recover. If we cannot recover any funds on your behalf, you will not owe us anything.

Our staff is ready to help, is fully bilingual in English and Spanish, and wants to help you get back on your feet. Our San Antonio wrongful death lawyers are available anytime 24/7/365 to help with beginning to represent you for your wrongful death claim, and will shepherd you through the process while you focus on your family’s healing.

San Antonio Wrongful Death Lawyer

If you have lost a loved one in any type of accident due to the negligence of another person or entity, call our San Antonio wrongful death lawyers today or submit a form for a NO-OBLIGATION, NO COST CONSULTATION with a wrongful death attorney at Thompson Law.

Take action to protect your right to a full-value monetary recovery for the untimely passing of your loved one. The sooner you know your options, the faster you and your family will be on the path to healing. Call Thompson Law today.

Wrongful Death FAQs

Wrongful Death FAQs

Wrongful Death

In Texas, you have two years from the date of death to file a wrongful death suit. This differs from the statute of limitations for typical personal injury claims not involving death, which allows two years from the date of the accident to file a lawsuit. Our skilled wrongful death attorneys 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.

Knowing the applicable statutes of limitations, understanding the elements of negligence and proximate cause, and gathering evidence to establish liability are all crucial factors that can influence the outcome of a wrongful death case.

Wrongful death cases can be highly emotional and complex, making it crucial to determine who is at fault. In these cases, liability is determined by analyzing the evidence to identify who acted negligently or intentionally caused the death. This often involves investigating the circumstances leading up to the incident, such as whether the victim was in a safe environment and whether there were any contributing factors to the death. Additionally, insurance policies and state laws may also come into play when determining fault. It’s important to have a skilled attorney who can guide you through the legal process and help you receive the compensation you deserve. While nothing can bring back a loved one, accountability can bring some closure and justice for the family.

The loss of a loved one can be a devastating experience, especially when the death was caused by another person’s negligence or intentional harm. In such situations, the surviving family members may be entitled to file a wrongful death lawsuit against the responsible individual or entity. The process for filing a wrongful death lawsuit typically involves gathering evidence, hiring an attorney, filing the complaint, and going through the discovery process which involves exchanging information and evidence with the opposing party. The case may then proceed to trial or settle outside of court. It is important to remember that each state has its own laws and procedures for filing a wrongful death lawsuit, so it’s recommended to consult with an experienced attorney to help guide you through the process.

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.

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.

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Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.