Helping Friends And Family After A Wrongful Death
It only takes a moment of recklessness or negligence to cause an accident. Sometimes, those accidents can result in the death of someone. Losing a loved one is something no one should have to experience, but they still deserve to see justice brought against the liable party.
At Raúl B. Rodriguez Law, P.C., we have been helping clients throughout Texas with their injury and wrongful death claims for years. We know what is at stake in a wrongful death claim, and it is our mission to provide our clients with the most favorable outcome in their cases.
What You Should Know About These Cases
There is a lot that may surprise you about a wrongful death claim. First, not everyone can file one. Only the biological children, spouse or biological parents of the decedent can file a claim. Next, a qualified party can file a claim even if they live in another country. Many of our clients in wrongful death claims lived in Mexico while the decedent was working here in Texas.
We have helped clients earn fair compensation after deaths involving accidents such as:
- Car accidents
- Oil field accidents
- Construction accidents
No matter what caused the death, our goal as your legal representation is to maximize the compensation you receive so that it covers all the costs of your loss, such as medical and funeral costs, lost income and retirement contributions and loss of consortium.
Frequently Asked Questions About Wrongful Death
A wrongful death can severely impact families. Wrongful deaths can result from auto accidents, premises liability, defective products, medical malpractice, negligence and construction accidents. Raúl B. Rodriguez Law, P.C., provides answers to any questions about wrongful deaths. Here is a collection of questions clients have asked us:
Who is eligible to file a wrongful death lawsuit?
There are only a select few that can file a wrongful death claim. Those allowed to file a wrongful death claim can include the decedent’s children, spouse, parents or a representative of the deceased’s estate. Qualified parties can file a claim if they live outside of Texas and the decedent lived or worked in Texas.
What type of damages are recoverable in a wrongful death lawsuit?
A wrongful death claim cannot bring a loved one back, but it can help surviving family members recover fair compensation for their losses. The loss of a loved one could lead to severe hardships for family members, especially if a deceased person was the sole provider for a family.
With a successful wrongful death claim, surviving family members could recover several types of economic damages, including:
- Medical expenses
- Lost wages
- Loss of future wages
- Loss of financial support
- Lost prospect of inheritance
- Funeral, cremation and burial costs
It is also possible to collect noneconomic damages, which are intangible losses such as:
- Pain and suffering
- Loss of companionship
- Loss of consortium
- The survivors’ mental anguish
In some cases, the defendant may be punished by awarding the victim’s surviving family members exemplary or punitive damages if an extreme level of negligence or willful act of violence is discovered.
Damages may be awarded based on a few factors, such as the deceased person’s age, health, life expectancy, earning capacity, education level and skill level. Once a settlement is decided, damages can be divided among surviving parties. A wrongful death attorney can help surviving family members seek justice for the loss of a loved one.
In San Antonio, what is the statute of limitations for filing a wrongful death lawsuit?
In San Antonio, those eligible to file a wrongful death lawsuit have a limited amount of time to file a claim. The statute of limitation for a wrongful death claim is two years from the date of the person’s death. This deadline allows people a reasonable amount of time to collect paperwork and evidence for a successful wrongful death claim.
If the person filing a wrongful death claim fails to file within two years, the statute of limitations will cause the claim to be denied outright, regardless of its validity. In some cases, this deadline can be extended. An attorney can help surviving family members preserve their rights to fair compensation.
What evidence is needed to support a Texas wrongful death claim?
For a successful wrongful death claim, the parties filing the lawsuit must have strong evidence to support their claim. In short, there may be evidence proving that the defendant had a duty of care and failed to adhere to that duty.
In general, the evidence needed will vary according to the circumstances of a claim. For example, if the wrongful death was caused by a car accident, proof of negligence might involve witness statements, police reports, dash cam video, “black box” records from the vehicle, cellular data and more.
What are the steps involved in filing a wrongful death lawsuit?
There are several steps in filing a wrongful death lawsuit. These steps can include:
- Collecting a death certificate
- Determining the liable parties
- Investigating and collecting evidence
- Identifying eligible survivors
- Determining the value of the financial losses
Once a wrongful death lawsuit is filed, it can take six months to several years to settle a claim, depending upon the strength of the evidence against the liable party, the clarity of the losses and the willingness of all sides to cooperate. Our experienced wrongful death attorneys can help victims seek justice for their losses.
Let Us Help You Seek Justice
If you lost a loved one due to the reckless or negligent actions of another, let us help you hold them accountable while also providing you with the resources you need to move forward after your loss. Call our San Antonio office at Raúl B. Rodriguez Law, P.C., or email us here to schedule your initial consultation today.