San Antonio Wrongful Death Attorneys

Fighting for the Families of Wrongful Death Victims in Bexar County

When someone suffers a wrongful death, the entire family is affected. They may feel overwhelmed with grief and confusion, not to mention the practical concerns that must be addressed to ensure that the deceased’s estate is properly managed and any pending legal actions are taken. 

If you have recently lost a loved one in an accident you believe was caused by negligence, our attorneys at The Packard Law Firm want to help. Our compassionate team has many years of experience helping families like yours get the justice they deserve, and we are committed to providing our clients with an exceptional level of service and support. We understand the unimaginably difficult circumstances you are experiencing, and we will do everything we can to make things easier for you.

Taking the first step after a loved one’s death can be difficult, but it is important to act quickly to protect you and your family’s rights. Our San Antonio wrongful death lawyers are prepared to answer any questions you may have, so do not wait to call (210) 972-8918 or contact us online to schedule a free consultation. 

What Is a Wrongful Death Claim?

The sudden and unexpected death of a loved one is always a tragedy. But when someone else’s negligence or wrongdoing causes the death, it can be especially devastating. If you have lost a family member in an accident or due to someone else’s negligence, you may be able to pursue a wrongful death claim.

A wrongful death claim is a civil lawsuit that seeks to recover damages for the survivors of a person who died due to the negligence or wrongdoing of another. To prevail in a wrongful death lawsuit, the plaintiff must prove that the defendant’s negligence or wrongful act caused the victim’s death. This can be a difficult burden to meet, which is why it is important to hire an experienced wrongful death attorney.

Winning a wrongful death claim can help ease the financial burden caused by the death of a loved one. It can also provide some measure of justice for the victim’s family. Many families who have allowed us to help them with their wrongful death claims have told us that the process ultimately helped them begin healing.

In cases of wrongful death, our team at The Packard Law Firm has obtained compensation for surviving family members on behalf of:

• Victims of car accidents
• Victims of drunk driving accidents
• Victims of defective products
• Pedestrians who have been hit by cars

Who Can File a Wrongful Death Claim in San Antonio, TX?

Only certain relatives of the deceased have the right to file a wrongful death lawsuit on their behalf. In Texas, the surviving spouse, children, or parents of the deceased can bring a wrongful death claim. If there is no surviving or available spouse, child, or parent, the executor of the wrongful death victim’s estate has the right to file a lawsuit. 

What Damages Can Be Recovered in a Wrongful Death Claim?

No longer having a loved one in your life is always going to be difficult, but you should not have to worry about how you will pay for the expenses related to their death or cover the income they would have earned had they lived. Working with a skilled wrongful death lawyer can ease your burden and help make the process of recovering compensation as smooth and stress-free as possible.

While no amount of money can ever truly make up for the loss of your loved one, our San Antonio wrongful death attorneys can fight to secure several types of damages for you and other surviving family members, including:

• Medical bills related to the deceased’s final injuries or illness
• Funeral and burial expenses
• Loss of income and benefits (including future earnings)
• Loss of love, companionship, and support
• Pain and suffering experienced by the deceased before death

Statute of Limitations for Wrongful Death Claims in Texas

In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person's death. This means you have two years from the date your loved one passed away to bring your claim. 

Note that this time limit is tied to the date your loved one died, not necessarily the date of the accident or wrongful act that led to them suffering fatal injuries. For example, if your loved one suffered catastrophic injuries in a head-on collision but did not pass away due to those injuries until several days after the accident, the deadline for taking legal action is two years from the date of their death, not the date of the car crash.  

How Does an Attorney Establish Whether a Death Was Caused by Negligence?

To successfully file and win a wrongful death lawsuit, the plaintiff’s attorney must be able to prove that the death was caused by the negligence of another person or entity. At The Packard Law Firm, we typically accomplish this by investigating the circumstances surrounding the death and gathering evidence to support the claim that the defendant’s negligence was a direct cause of the victim’s wrongful death.

One of the most important factors that our attorneys will consider when determining if a death was caused by negligence is the defendant’s state of mind leading up to the accident. Any careless or reckless acts just before the accident could be used as evidence to support a claim of negligence. Additionally, we will look at factors like whether the defendant violated any safety regulations or displayed a pattern of negligence. 

In some cases, we may need expert testimony to establish causation. For example, if a defective product caused the death, an expert witness may be needed to testify about how the defect contributed to the victim’s death.

Causation may be easier to establish in certain situations. If a drunk driver caused the death, for example, it will usually be easier to establish causation than if a defective product caused the wrongful death. 

How Can Hiring a Lawyer Make a Difference in My San Antonio Wrongful Death Case?

If you have lost a loved one in an accident, you may be asking yourself if hiring a wrongful death lawyer will make a difference in your case. The answer is that it frequently can. Hiring a wrongful death attorney will not guarantee that you will win your case, but it will give you a significantly better chance of getting the compensation you and your family deserve.

Here are just some of the ways our San Antonio wrongful death lawyers can help:

• Investigate the accident. We can thoroughly investigate the accident to determine what happened and who is responsible. This may involve talking to witnesses, reviewing police reports, and looking at any available video footage.
• Gather evidence. We can gather and preserve evidence to support your claim. This may include medical, employment, and financial records.
• Negotiate with insurance companies. Insurance companies are often reluctant to pay out on claims, especially when they involve large sums of money. We can negotiate with the insurance companies on your behalf to get you the compensation you deserve.
• File a wrongful death lawsuit. If the insurance companies refuse to offer a fair settlement, we can file a wrongful death lawsuit on your behalf. This may include going to court and presenting your case to a judge or jury. Having professional legal representation can increase your chances of success in court.
• Seek maximum compensation. We recognize what is at stake and can fight for maximum compensation for your losses. 

Frequently Asked Questions About San Antonio Wrongful Death Cases

If My Loved One Was Killed in a Car Accident Involving a Drunk Driver, Can I Sue the Bar or Restaurant Where They Were Served Alcohol?

In Texas, it may be possible to sue a bar or restaurant where a drunk driver was served alcohol if certain conditions are met. Under the Texas Dram Shop Act, a licensed establishment can be held liable if it served alcohol to an obviously intoxicated person who then caused harm to themselves or others as a direct result of their intoxication. To pursue such a claim, it must be demonstrated that the server had sufficient reason to believe the person was intoxicated at the time and recklessly continued to serve them alcohol.

If the At-Fault Party in My Wrongful Death Case Is Uninsured, Can I Still Recover Damages?

If the at-fault party in a Texas wrongful death case is uninsured, recovering damages can become more complex, but it is not impossible. The absence of insurance often means the responsible party may not have sufficient personal assets to cover the damages. However, there may be other avenues to explore. One option is to check if the victim had uninsured/underinsured motorist coverage as part of their own insurance policy, which might provide compensation if the wrongful death resulted from an automobile accident. Additionally, if the incident occurred on commercial premises, other liable parties, such as property owners or businesses, could be considered liable under certain circumstances. We can help you explore your options in these scenarios.

My Loved One Was Killed in a Construction Accident. Can I Sue the General Contractor, Subcontractor, or Both?

In the unfortunate event that a loved one is killed in a construction accident, pursuing legal action against the general contractor, subcontractor, or both may be possible, depending on the circumstances of the case. If negligence is found on the part of the general contractor, such as failing to enforce safety standards or providing inadequate supervision, they may be held liable. Similarly, a subcontractor might be held responsible if their actions directly contributed to unsafe conditions or the accident itself. Our attorneys can conduct a thorough investigation to determine who had control over the safety measures and work environment that contributed to the accident.

How Long Does a Wrongful Death Lawsuit Typically Take?

The duration of a wrongful death lawsuit in Texas can vary significantly based on several factors, including the complexity of the case, the number of parties involved, and the court's schedule. Generally, such cases can take anywhere from several months to a few years to reach a resolution. Pre-trial processes like discovery, during which both parties exchange evidence, can be time-consuming. Furthermore, settlements can occur at any point, potentially shortening the process, but if the case proceeds to trial, it will likely prolong the timeline.

Can I Represent Myself in a Texas Wrongful Death Lawsuit, or Is It Essential to Hire an Attorney?

While it is legally possible to represent yourself in a Texas wrongful death lawsuit, it is generally in your best interest to hire an attorney. Wrongful death claims are complex, involving intricate legal procedures, substantial documentation, and the need for careful adherence to court rules and deadlines. An experienced attorney can help you navigate these complexities and strategically build a strong case. They can handle communication with the opposing party, negotiate settlements, and provide guidance on the valuation of the claim based on your losses and needs. If you choose to represent yourself, you may risk procedural missteps that could jeopardize your case.

To learn more about your rights and options after losing a loved one in an accident, we encourage you to discuss your circumstances with our San Antonio wrongful death attorneys. Contact us online or call (210) 972-8918 to schedule your free consultation.