Get the Justice you deserve with Ryan Orsatti Law.
The loss of a family member leaves a void that nothing can fill. When that loss happens because of another’s carelessness, it creates a need for answers and accountability. Texas law provides a path for families to seek justice, and a San Antonio wrongful death lawyer can help you navigate it.
At Ryan Orsatti Law, we understand the profound emotional toll a wrongful death can take on your family. Our priority is to help you find the justice your loved one deserves and ensure that those responsible are held accountable.
Contact Ryan Orsatti Law at (210) 525-1200 for a free consultation about your case.
Why Choose Ryan Orsatti Law for Your San Antonio Wrongful Death Claim
Choosing a legal advocate is a significant decision for your family. Ryan Orsatti Law is deeply rooted in the San Antonio community. Our San Antonio wrongful death lawyers are dedicated to providing families with the support and representation they need during a difficult time.
Dedicated, Local Advocacy
We’re a San Antonio law firm focused on helping San Antonio families. We represent clients who have lost loved ones in incidents all over our city, from accidents along the I-10 corridor to tragic events near The Pearl District.
Our firm understands the local landscape, from the busy streets of Downtown to the vibrant neighborhoods in Alamo Heights. We provide dedicated legal support to our neighbors in Bexar County.
Experience With Wrongful Death Cases
A wrongful death claim requires a deep understanding of Texas law and a relentless pursuit of the facts. We handle cases arising from a wide range of tragic circumstances. Our experience means we know how to investigate these incidents and identify all responsible parties.
We put that experience to work for you, building a robust claim to achieve justice for your family.
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 support every step of the way.
Compassionate Guidance
You don’t have to face the legal system by yourself. A San Antonio wrongful death lawyer from our firm will guide you with compassion and clear communication. We handle the legal burdens so you can focus on your family.
We manage all the paperwork, deadlines, and communications for you. Our team will inform you about the progress of your case and promptly answer your questions. We want you to feel supported and confident from our first meeting until your case is resolved.
Contact Ryan Orsatti Law for a free consultation at (210) 525-1200.
Types of Wrongful Death Claims We Handle
A wrongful death may result from many different actions. Our firm has the resources to investigate complex incidents and identify the responsible parties. We help families who have lost loved ones in many situations.
Common examples include:
- Car and Motorcycle Accidents: We represent families who have lost a member in car crashes on San Antonio’s busiest roads, including I-35, Loop 1604, and neighborhood streets.
- Trucking Wrecks: Accidents involving 18-wheelers and other commercial trucks are often catastrophic. We know how to handle the complex regulations that apply to trucking companies.
- Workplace and Construction Incidents: We help families hold employers, contractors, or other third parties accountable for fatal on-the-job accidents.
- Pedestrian Accidents: We represent the families of pedestrians who have been fatally struck by vehicles in crosswalks, on sidewalks, or streets throughout San Antonio.
- Bicycle Accidents: Cyclists are vulnerable on our roads, and we help families hold negligent drivers accountable after a fatal bicycle collision.
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, A personal injury lawyer may help you recover compensation through a personal injury claim.
4 Elements of Wrongful Death Lawsuits
Proving negligence is the foundation of a successful lawsuit in most personal injury claims, including wrongful death cases. Negligence occurs when someone fails to exercise the care that a reasonable person would under similar circumstances.
To hold the responsible party accountable and secure compensation for your loss, your San Antonio wrongful death lawyer must 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. For example, drivers have a duty to follow traffic laws and operate their vehicles safely to prevent accidents.
- Breach of Duty: Once a duty of care has been established, the next step is to prove that the defendant breached that duty. 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: Your attorney must show that the defendant’s breach of duty directly caused the death of your loved one. It’s extremely challenging to hold the defendant liable without a clear link between the breach of duty and the death.
- 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.
The experienced wrongful death lawyers at Ryan Orsatti Law have the experience and dedication to help you navigate this complex process and pursue the justice and compensation your family deserves.
Available Damages in a Texas Wrongful Death Lawsuit
The purpose of a wrongful death claim is to provide financial compensation for the losses the surviving family members have endured. This recovery is meant to help restore financial stability and acknowledge the profound personal losses.
The damages are divided into different categories based on the nature of the loss. A wrongful death attorney in San Antonio works to identify and calculate all potential damages in your case.
We pursue a recovery that covers:
- Financial Losses: This category includes the deceased’s lost earning capacity, the value of their household services, and the loss of inheritance the family members would have received.
- Emotional and Personal Losses: Families can seek compensation for their mental anguish and emotional pain. They also may recover damages for the loss of companionship, comfort, and society.
- Punitive Damages: In cases where the defendant’s actions were grossly negligent or malicious, a court may award punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future.
Who’s Eligible To File a Claim in Texas?
Texas law is very specific about who can file a wrongful death lawsuit. Only certain immediate family members have the legal standing to bring a claim.
If the eligible family members don’t file a claim within three months of the death, the personal representative or executor of the deceased’s estate may file the claim instead. A wrongful death attorney in San Antonio can clarify who has the right to file in your specific situation.
Examples include:
- Surviving Spouse: A husband or wife has the primary right to file a wrongful death claim.
- Children: This includes both biological and legally adopted children of the deceased.
- Parents: The surviving parents of the deceased are also eligible to file a claim for their loss.
How a San Antonio Wrongful Death Attorney Helps You
After a devastating loss, taking on a legal battle is the last thing you probably want to do. A wrongful death attorney in San Antonio takes that burden from you. We manage every aspect of your claim while you focus on healing.
Our role is to be your family’s voice and advocate. We protect your rights and fight for the outcome you seek. We are here to provide clarity and direction in a time of uncertainty.
Investigating the Incident
A strong investigation is the foundation of any successful wrongful death claim. We get to work immediately to preserve evidence and uncover the facts. A skilled San Antonio wrongful death lawyer from our firm knows what evidence to look for and how to get it.
Our team gathers police reports, medical records, and witness statements. We may work with accident reconstructionists to determine how a fatal car crash occurred. We collect all the necessary information to build a clear picture of what happened and who is at fault.
Calculating the Full Extent of Your Family’s Losses
Quantifying your family’s loss is a sensitive but necessary part of the legal process. It involves more than just adding up bills. A wrongful death attorney in San Antonio works to document the full scope of your financial and emotional damages.
This includes lost income the deceased would have provided, funeral and burial expenses, and the loss of inheritance. It also includes non-economic damages, such as the loss of companionship, guidance, and the mental anguish your family has suffered.
We present a comprehensive view of your losses to pursue a fair recovery.
Handling All Communication With Insurance Companies
Dealing with insurance companies after a loss is draining and difficult, especially since their goal is often to minimize their payout. Our attorneys handle all these communications for you.
We prevent adjusters from pressuring you into accepting a low settlement offer. We also stop them from asking you for recorded statements that they might use against you later. Your wrongful death attorney in San Antonio acts as a shield, protecting your interests at every turn.
Fighting for Accountability in Court
While many wrongful death claims settle out of court, we prepare every case as if it’s going to trial. Our firm is always ready to present your case to a judge and jury in Bexar County. We’re not afraid to fight for you in a courtroom.
Our willingness to go to trial sends a strong message to the opposing side. It shows that we are serious about securing full accountability for your loss. We stand up for your family and pursue justice relentlessly.
FAQ for San Antonio Wrongful Death Lawyer
How Do I Know if I Have a Valid Wrongful Death Case?
You may have a valid wrongful death case if the negligent, reckless, or wrongful act of another person or company caused your loved one’s death. A San Antonio wrongful death lawyer can evaluate the specifics of your situation to determine if negligent elements are present.
What Is the Statute of Limitations for a Wrongful Death Claim in Texas?
In Texas, the statute of limitations for filing a wrongful death lawsuit is generally
There are very limited exceptions that may change this deadline, so speak with a San Antonio wrongful death attorney as soon as you can.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim compensates the surviving family members for their own personal losses, such as loss of companionship and financial support.
A survival action is a separate claim brought on behalf of the deceased person’s estate. It seeks recovery for the pain and suffering the deceased experienced before they passed away, as well as any medical expenses and lost wages they incurred.
A wrongful death attorney in San Antonio often files both types of claims at the same time.
What if My Loved One Was Partially at Fault for the Accident?
Texas law allows you to seek compensation even if your loved one was partially responsible for the incident that caused their death. As long as their share of fault is determined to be 50% or less, your family is eligible to file a claim.
The total amount of compensation your family receives is then reduced by your loved one’s percentage of fault.
What Kind of Evidence Does a San Antonio Wrongful Death Lawyer Need To Prove a Case?
Proving a wrongful death claim requires strong evidence, including official police or incident reports, photos and videos from the scene, and medical records detailing the injuries. Witness testimony is also powerful.
Depending on the case, you may need testimony from reconstruction experts, medical professionals, or economists to demonstrate fault and the extent of your family’s damages.
Find Strength in Justice
The path forward after a loss is never easy, but you don’t have to walk it alone. Holding the responsible party accountable can provide a sense of closure and the financial security your family needs to build a new future.
Let us be your strength and your voice during this time. We’re ready to stand with you and fight for the justice your loved one and family deserve. Contact Ryan Orsatti Law today to begin the process with a free, no-obligation consultation at (210) 525-1200.
Ryan Orsatti Law – San Antonio Office
Address: 4634 De Zavala Rd
San Antonio, TX 78249
P: (210) 525-1200
Client Testimonial
“Ryan Orsatti and his team were valuable in handling my case. Mr. Orsatti worked every angle to ensure a settlement that ended in my favor. Too, he and his team respected my time and availability throughout the settlement process and required little of me. In doing so, I was able to fully focus on my recovery without the emotional drain and stress. I would not hesitate to recommend the law firm to any one person.” -Chela L. ⭐⭐⭐⭐⭐
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