Wrongful Death Attorney in San Antonio, TX
Wrongful Death Claims in Texas: A Comprehensive Guide
At Ryan Orsatti Law, we understand the profound impact a wrongful death can have on a family. Losing a loved one due to someone else’s negligence is a tragedy no one should endure. Our mission is to provide compassionate and expert legal support to help you navigate this challenging time and secure the justice your loved one deserves.
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 allowing surviving family members to seek compensation for their loss. A wrongful death claim is similar to a personal injury claim, where negligence or harmful actions have led to someone’s death.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law, the following individuals are eligible to file a wrongful death claim:
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.
Common Causes of Wrongful Deaths in Texas
Wrongful deaths can occur due to various reasons, including car accidents, medical malpractice, product liability, workplace accidents, and more. In Texas, car accidents are the most common cause of wrongful deaths, followed by medical malpractice and product liability.
According to the Texas Department of Transportation, there were over 4,283 fatalities in car accidents in Texas in 2023 alone. Medical malpractice is another leading cause of wrongful deaths in Texas, with many cases involving surgical errors, misdiagnosis, and medication errors.
Product liability is also a significant contributor to wrongful deaths in Texas, with many cases involving defective products, such as faulty tires, airbags, and other automotive parts.
Elements of a Wrongful Death Claim
To succeed in a wrongful death claim, the plaintiff must prove:
Duty of Care: The defendant owed a duty of care to the deceased.
Breach of Duty: The defendant breached this duty through action or inaction, making it crucial to identify the negligent party responsible for the breach.
Causation: The breach of duty directly caused the death.
Damages: The death resulted in quantifiable damages to the surviving family members.
Types of Compensation Available
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. These damages are intended to hold negligent parties accountable and prevent future accidents.
Survival Damages in Wrongful Death Cases
In Texas, survival damages are available in wrongful death cases to compensate the deceased person’s estate for the pain, suffering, and fear experienced by the deceased between the time of the accident and the time of death. Survival damages are intended to provide compensation for the deceased person’s pre-death suffering.
They are typically awarded in cases where there is a significant delay between the accident and the time of death. To recover survival damages, the plaintiff must prove that the deceased person suffered conscious pain and suffering before passing away. A skilled wrongful death attorney can help navigate the complex process of recovering survival damages in a wrongful death case.
Statute of Limitations
In Texas, the statute of limitations for filing a wrongful death claim 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. The statute of limitations for wrongful death claims is similar to personal injury claims, with specific deadlines that must be met.
Texas Wrongful Death Lawsuit Process
The Texas wrongful death lawsuit process involves several steps, including filing a complaint, serving the defendant, discovery, trial, and appeal. The process typically begins with filing a complaint, which must be done within two years of death.
The complaint must include the parties’ names, a description of the accident, and a statement of the damages sought. After the complaint is filed, the defendant must be served with a copy of the complaint and summons.
The discovery process involves exchanging information and evidence between the parties, including depositions, interrogatories, and requests for production.
If the case is not settled, it will proceed to trial, where a jury will determine the defendant’s liability and the amount of damages to be awarded. A wrongful death attorney can guide the plaintiff through the complex process of filing a wrongful death lawsuit in Texas.
Shared Responsibility in Wrongful Death Lawsuits
In Texas, shared responsibility can affect the outcome of a wrongful death lawsuit. If the deceased person was partially responsible for the accident, the defendant may argue that the deceased person’s negligence contributed to their death.
This is known as comparative negligence. In Texas, the plaintiff’s recovery will be reduced by the percentage of fault attributed to the deceased person. For example, if the jury finds that the deceased person was 20% responsible for the accident, the plaintiff’s recovery will be reduced by 20%. A skilled wrongful death attorney can help navigate the complex issue of shared responsibility in a wrongful death lawsuit.
Proving Liability in a Wrongful Death Case
To prove liability in a wrongful death case, the plaintiff must establish that the defendant was negligent or reckless and that their actions caused the death of the deceased person. This requires proving four elements: duty, breach, causation, and damages.
The plaintiff must show that the defendant had a duty to act with reasonable care, that they breached that duty, and that their breach caused the death of the deceased person. The plaintiff must also prove that the deceased person suffered damages due to the defendant’s actions. A wrongful death attorney can help gather evidence and build a strong case to prove liability in a wrongful death case.
The Role of a Wrongful Death Attorney
A wrongful death attorney plays a crucial role in helping surviving family members navigate the complex process of filing a wrongful death lawsuit. A skilled wrongful death attorney can help gather evidence, build a strong case, and negotiate with insurance companies to secure a fair settlement.
They can also provide emotional support and guidance throughout the process. In Texas, a wrongful death attorney can help surviving family members recover damages for lost income, medical expenses, and continued pain and suffering.
They can also help recover survival damages for the deceased person’s pre-death suffering. If you have lost a loved one due to someone else’s negligence, it is essential to consult with a skilled wrongful death attorney to discuss your legal options.
Why Choose Ryan Orsatti Law?
At Ryan Orsatti Law, our wrongful death attorneys pride themselves on their extensive experience in handling wrongful death claims in Texas. Our dedicated team provides personalized attention, ensuring you are fully informed and supported throughout the legal process. We are committed to achieving the best possible outcome for you and your family.
Contact Us
If you have lost a loved one due to someone else’s negligence, don’t hesitate to reach out to Ryan Orsatti Law. Our compassionate and knowledgeable attorneys are here to help you seek justice and obtain the compensation you deserve.
External Resources
For more information on wrongful death claims in Texas, please visit:
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.
Suppose the death of your loved one was related to a wrongful act, neglect, carelessness, or unskillfulness of another party. In that case, 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. Understanding personal injury law is crucial for navigating the complexities of wrongful death claims.
Contact a San Antonio Wrongful Death Lawyer
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.
If you believe the loss of your loved one resulted from a wrongful act and you deserve compensation, don’t navigate this challenging journey alone. Contact Ryan Orsatti Law today for a free case evaluation.
Our experienced team of San Antonio wrongful death lawyers is here to guide you through the legal process, advocate for your rights, and work toward the compensation you deserve. Your path to justice begins with a simple call – reach out to us now.
