Wrongful Death Attorney in San Antonio, TX

Why Choose Ryan Orsatti Law for Your Wrongful Death Lawsuit?

When facing the devastating loss of a loved one due to someone else’s negligence, the legal team you choose to represent you can make all the difference. The San Antonio wrongful death lawyers at Ryan Orsatti Law are ready to be your trusted partners in navigating the complexities of these cases. Our law firm offers:

• Experienced Legal Team: With over a decade of experience in plaintiff personal injury law, Ryan Orsatti has honed his skills in representing families who have lost loved ones in tragic accidents. Our team’s deep knowledge of Texas laws and our extensive experience in wrongful death cases ensure that you receive the highest quality legal representation.

• Personalized Attention: At Ryan Orsatti Law, we recognize that no two wrongful death cases are alike. We take the time to understand the unique circumstances of your case and tailor our approach to meet your specific needs. Our commitment to personalized service means you’ll receive compassionate support every step of the way.

• Proven Track Record: Our firm has a history of achieving favorable outcomes for our clients, whether through settlements or court verdicts. We are dedicated to fighting for the justice your loved one deserves, and we have the results to prove it.

• No Fees Unless We Win: Pursuing a wrongful death lawsuit can be overwhelming, but we make it as stress-free as possible by operating on a contingency fee basis. This means you pay nothing unless we secure compensation in your case, allowing you to focus on healing while we handle the legal complexities.

• Client-Centered Approach: Our dedication to our clients is the cornerstone of our practice. We listen, empathize, and advocate tirelessly on your behalf, ensuring you receive the attention and respect you deserve during this challenging time.

Choosing Ryan Orsatti Law means choosing a firm committed to fighting for the rights of those who have been wronged. Let us help you seek the justice and compensation your family needs to move forward. Contact us today for a free consultation.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought when a person dies due to the negligence or misconduct of another party. In Texas, these claims are governed by specific statutes that allow the surviving family members to seek compensation for their loss.

Some accidents that result in a wrongful death case include:

• Car accidents

• Truck accidents

• Motorcycle accidents

• Pedestrian accidents

• Construction accidents

• Drunk driving accidents

• Pedestrian accidents

• Dog bite attacks

Regardless of the accident or incident that claimed your family member’s life, if their death occurs due to another person or party’s negligence, you may be eligible to recover compensation through a personal injury claim.

Who Can File a Wrongful Death Claim in Texas?

Under Texas wrongful death laws, the following individuals are eligible to file a wrongful death claim. These include:

• Surviving spouse

• Children (including legally adopted children)

• Parents of the deceased If none of these parties file a claim within three months of the death, the executor or administrator of the deceased’s estate may file, unless explicitly requested not to by the eligible family members.

Additionally, if immediate family members do not file a wrongful death lawsuit within three months of the death, Texas law allows the deceased person’s estate to file a wrongful death lawsuit on behalf of the estate.

Elements of Wrongful Death Lawsuits

In most personal injury claims, including wrongful death cases, the foundation of a successful lawsuit is proving negligence. Negligence occurs when someone fails to exercise the level of care that a reasonably prudent person would under similar circumstances, leading to harm or death.

To hold the responsible party accountable and secure compensation for your loss, it is essential to establish the following four elements of negligence:

1. Duty of Care: The first element involves demonstrating that the defendant owed a duty of care to the deceased. A duty of care is a legal obligation to act in a manner that avoids causing harm to others. For example, drivers have a duty to follow traffic laws and operate their vehicles safely to prevent accidents. In a wrongful death case, it must be shown that the defendant had a duty to act (or not act) in a way that would protect the deceased from harm.

2. Breach of Duty: Once a duty of care has been established, the next step is to prove that the defendant breached that duty. A breach occurs when the defendant fails to fulfill their duty of care, either through action or inaction. This might involve reckless driving, failing to maintain a safe environment, or any other behavior that falls short of what a reasonable person would do in the same situation.

3. Causation: Causation is a critical element in a wrongful death case. It must be shown that the defendant’s breach of duty directly caused the death of your loved one. This means proving that the defendant’s actions (or lack of action) were the direct and proximate cause of the fatal incident. Without a clear link between the breach of duty and the death, it is challenging to hold the defendant liable.

4. Damages: The final element is damages, which refer to the losses suffered as a result of the wrongful death. In a wrongful death lawsuit, damages can include both economic and non-economic losses, such as funeral expenses, medical bills, lost income, and the emotional pain and suffering endured by the surviving family members. To succeed in a wrongful death claim, you must demonstrate the extent of these damages and how they are connected to the defendant’s negligence.

By establishing these four elements—duty of care, breach of duty, causation, and damages—you create a solid foundation for a successful wrongful death suit. Ryan Orsatti Law’s experienced wrongful death lawyer has the experience and dedication to help you navigate this complex process and pursue the justice and compensation your family deserves.

Compensation Available in a San Antonio Wrongful Death Claim

In a wrongful death claim, Texas law allows for various types of compensation, including:

• Economic Damages: Medical expenses, funeral costs, loss of future earnings, and other financial losses.
• Non-Economic Damages: Pain and suffering, mental anguish, loss of companionship, and loss of consortium.
• Punitive Damages: In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

San Antonio Wrongful Death Statute of Limitations

In Texas, the statute of limitations for filing a wrongful death claim in civil court is generally two years from the date of death. However, certain exceptions may apply, making it crucial to consult with an experienced wrongful death attorney as soon as possible. If you miss this deadline, you will be unable to recover compensation through the court.

Contact the San Antonio Wrongful Death Attorneys at Ryan Orsatti Law Today

The traumatic experience of unexpectedly losing a loved one can have long, devastating effects on a family. The surviving spouse, children, and parents of the deceased are often left in financial turmoil as a result of the loss of earnings along with the burden of medical bills and funeral costs.

If the death of your loved one was related to a wrongful act, neglect, carelessness, or unskillfulness of another party then you may have a case for a wrongful death claim under Chapter 71 of the Texas Civil Practice and Remedies Code. If you believe you have a case for wrongful death, you should consult an experienced attorney.

At Ryan Orsatti Law, our compassionate team is dedicated to guiding you through the intricacies of a wrongful death claim, providing unwavering support and legal expertise during this challenging time. What sets us apart is the unique strength of our motto: EXPERIENCE COUNTS. RESULTS MATTER. Our commitment is centered on helping you pursue justice and fair compensation for your losses. Contact Ryan Orsatti, an experienced wrongful death attorney in San Antonio, TX to see if you or your family members are entitled to a wrongful death claim.

External Resources

For more information on wrongful death claims in Texas, please visit:

• Texas Statutes – Wrongful Death
• Texas Department of Insurance
• National Center for Victims of Crime