Losing a loved one to someone else's carelessness can be jarring and fill you with grief. It is hard to think clearly about legal matters when you are trying to come to terms with such a significant loss. However, there are legal actions you can take to uphold the deceased's rights. Claims of wrongful death can help you obtain retribution for the loss of your loved one. At Wyatt Law Firm, we believe that you should be well informed about wrongful death cases and what to expect if you choose to pursue it.
What Is A Wrongful Death Claim And What Does It Entail?
If someone dies because of negligence, carelessness, or over fault of another person, their loved ones can file a wrongful death lawsuit. Companies, businesses, or individuals can all be at fault if they are the cause of death of a certain individual. Wrongful death lawsuits seek reparation for the suffering loved ones of the deceased.
Who Can File A Claim In A Wrongful Death Case?
Generally in Texas, the spouse, children, or parents of the deceased are allowed to file a wrongful death lawsuit. However, if they do not do so within three months after the day the loved one died, the deceased's estate executor can step in to file a claim. Adopted children may also file a claim. Siblings of the deceased, however, cannot file on behalf of their loved ones.
How Long Do I Have To File A Claim?
In San Antonio, families have three months after a loved one's death, to file for a wrongful death claim. They then have a two year statute of limitation for the case.
Who Can Be Sued?
There are a number of people who can be sued in a wrongful death claim. In general, it is the person whose alleged negligence caused the death to occur. This can range from a drunk driver to an employer that did not provide a safe working environment. Speak to one of our San Antonio wrongful death attorneys to decide who is at fault in your case.
WHat Are The Different Types Of Damages In A Wrongful Death Suit?
There are three primary damages involved in wrongful death cases. They are economic, non-economic, and punitive damages.
Economic damages: These damages touch on the financial contribution the deceased made to family and what is lost with their death. This includes aspects such as loss of earning power, loss of benefits, and medical and funeral expenses.
Non-economic damages: These damages reflect the pain and suffering a family or loved one goes through because of their loved one's passing. It inhabits the emotional grief and loss of guidance/companionship of a loved one.
Punitive damages: If the defendant has committed a particularly heinous crime that resulted in a wrongful death, they can face punitive damages. These damages are there to punish the defendant's actions.
If you have Lost A Loved One To Negligence, We Will Fight For Justice
At Wyatt Law Firm, we understand how devastating losing a loved one can be. Our experienced San Antonio wrongful death attorneys can help you understand your legal rights. We work with our clients to make sure their loved ones receive the justice they deserve.
Contact Wyatt Law Firm today for a free consultation.