Losing a loved one in a preventable accident is heart-wrenching. Grappling with profound grief and confusion following such senseless acts can be more than you can take. The compassionate San Antonio wrongful death lawyers at George Salinas Injury Lawyers are here to assist you in seeking justice and accountability from those responsible for your loved one’s death.
What Is a Wrongful Death Claim?
According to the Texas Wrongful Death Act, a person is liable for damages arising from an injury that causes a person’s death if it was due to their wrongful act, neglect, carelessness, unskillfulness, or default. By filing a wrongful death claim, you can seek financial relief and justice from those responsible for your loved one’s death.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who can file a wrongful death claim to the following individuals:
- The surviving spouse
- Children of the decedent
- Parents of the decedent
Legal Process of Filing Wrongful Death Claim in San Antonio
The legal process to file a wrongful death claim involves several steps, including:
- Determining eligibility for a wrongful death claim based on the circumstances surrounding the death and the relationship between the potential claimant and the decedent
- Investigating the accident, gathering evidence such as police and autopsy reports, medical records, witness statements, and other crucial information, and identifying liable parties
- Compiling information about the full extent of all available damages
- Negotiating with the defendant or their insurance company for fair compensation
- Filing a lawsuit in court
When you hire George Salinas Injury Lawyers, you will have a trusted San Antonio personal injury lawyer on your side who can guide you through every step of the way.
Types of Damages Available in Wrongful Death Claims
Texas courts award damages in wrongful death claims to provide financial relief to surviving loved ones and acknowledge the emotional toll the premature death had on them. Damages in wrongful death claims involving car accidents generally fall into one of the following categories:
Loss of Financial Support
These damages are available for surviving family members who relied on the decedent for financial support. They can provide compensation for loss of income, benefits, and other forms of financial assistance the decedent would have provided if they had survived. They can help alleviate the economic burden the family faces due to the loss.
Emotional Distress Damages
Emotional distress damages provide compensation for the surviving loved ones’ mental anguish and suffering they experienced due to the death. They acknowledge the psychological impact and trauma the loss caused.
Time Limit to File a Wrongful Death Claim in Texas
Wrongful death claims must be filed within two years of the date of death. If you don’t file the lawsuit within this timeframe, you can forfeit your right to seek compensation and accountability through the court system.
If you would like more information about seeking legal recourse following your loved one’s wrongful death after a car accident, the San Antonio auto accident lawyer at George Salinas Injury Lawyers can help guide you through the process of filing a wrongful death claim. Contact us today to schedule a free consultation.