San Antonio Wrongful Death Lawyer

Wrongful Death Claims in Texas: A Comprehensive Guide

Losing a loved one is an unimaginable tragedy, especially when their death could have been prevented. The pain and grief that follow can be overwhelming, leaving families searching for answers and justice.

At Ryan Orsatti Law, we understand the profound emotional toll a wrongful death can take on your family. Reach out to a trusted San Antonio wrongful death lawyer to guide you through this difficult time with compassion and care.

Our priority is to help you find the justice your loved one deserves and ensure that those responsible are held accountable. Call 210-934-6957 today to discuss your case and explore your options for seeking the compensation you need to move forward.

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 attorney’s deep knowledge of Texas negligence laws and extensive experience in wrongful death cases ensure 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 client outcomes through settlements or court verdicts. We are dedicated to fighting for the justice your loved one deserves and 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 tirelessly advocate for you, 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 allowing 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
Workplace accidents

According to the most recent data from 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.

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

Our experienced law firm 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 by calling 210-934-6957

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. Suppose none of these parties file a claim within three months of the death. In that case, 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 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:

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.
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 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.
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. Holding the defendant liable without a clear link between the breach of duty and the death is challenging.
Damages: The final element is damages, which refer to the losses suffered due to 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.

Establishing these four elements—duty of care, breach of duty, causation, and damages—creates a solid foundation for a successful wrongful death suit. Ryan Orsatti Law is an experienced wrongful death law firm with the experience and dedication to help you navigate this complex process and pursue the justice and wrongful death settlement your family deserves.

Compensation Available in a San Antonio Wrongful Death Claim

Losing a loved one due to someone else’s negligence is a heartbreaking experience that no family should have to endure. While no amount of money can truly compensate for such a loss, wrongful death settlements and lawsuits can provide the financial support families need to navigate the future. In a San Antonio wrongful death claim, several types of compensation may be available to the surviving family members:

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: When it is clear and convincing that the person or entity that caused your family member’s death acted with gross negligence, malice, or fraud, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future. The defendant’s actions must have been intentional and caused substantial harm to the victim.

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.

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 or call 210-934-6957.

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. You cannot recover compensation through the court if you miss this deadline.

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.

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.

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 of San Antonio wrongful death lawyers is dedicated to guiding you through the intricacies of wrongful death cases, providing unwavering support and legal experience 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 and your loved one’s death.

Contact Ryan Orsatti Law to speak with an experienced San Antonio wrongful death lawyer and see if you or your family members are entitled to file wrongful death claims against a negligent party. Call 210-934-6957 to find out how we can help get financial compensation for a loved one’s wrongful death today.

External Resources

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