Wrongful Death Attorney in San Antonio, TX
Wrongful Death Claims in Texas: A Comprehensive Guide
Introduction
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 that allow the surviving family members to seek compensation for their loss.
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.
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.
- 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.
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.
Why Choose Ryan Orsatti Law?
At Ryan Orsatti Law, we pride ourselves on our extensive experience in handling wrongful death claims in Texas. Our dedicated team provides personalized attention, ensuring that 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.
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.
