San Antonio Wrongful Death Guide: Do You Have a Valid Case in Central Texas?

Family members seeking justice after losing a loved one in an accident might not understand their right to compensation. A lawyer with substantial wrongful death litigation experience can offer information about whether you have a valid claim and the process for filing a lawsuit in San Antonio. The Central Texas wrongful death attorneys at Carabin Shaw have decades of legal experience in wrongful death and personal injury law, and we can help you fight for the compensation you deserve during this difficult time.

If you’ve recently lost a loved one due to the negligence of another in San Antonio, Texas, contact the skilled lawyers at Carabin Shaw to book your free case review today.

One of the necessary components of a Texas wrongful death claim is a liable party to hold responsible. According to Tex. Civ. Prac. & Rem. Code § 71.002, a person may be liable for a wrongful death if they caused the injury by a “wrongful act, neglect, carelessness, unskillfulness, or default.” Potential liable parties include negligent drivers, property owners, employers, and product manufacturers.

Each wrongful death claim presents barriers and limits to compensation, and one common obstacle is insurance. For example, workers’ compensation insurance prevents you from directly suing an employer for wrongful death except when an employer’s act was intentional or grossly negligent. A skilled lawyer will negotiate with the insurance company and help you maximize your wrongful death compensation through a fair settlement.

Another limitation in Texas wrongful death cases is which parties are legally eligible to file a claim. Only the spouse, children, or parents of the deceased can file a wrongful death lawsuit in Texas. This includes legally recognized family relationships such as those created via adoption and common-law marriages. Wrongful death damages provide compensation for surviving family members for their own losses rather than the losses suffered by the deceased individual before death.

Representatives of the estate of a deceased individual in San Antonio, Texas, may file a survival cause of action against liable parties to collect damages as if the individual were still alive. This includes the medical bills the deceased party accrued because of the accident, but before death, as well as pain and suffering and punitive damages. Consulting with a lawyer will help you determine whether you can file one or both types of claims.

Read our law firm’s client reviews to find out more about how Carabin Shaw maximizes your wrongful death compensation. Then, contact us online to begin your journey to legal justice.

Auto accidents are one of the most common types of wrongful death claims an attorney will encounter in San Antonio. The city’s notorious highway loop system is a confusing network of interlaced multi-level highway segments facing constant congestion and construction. Loop 1604 has earned the nickname of the “Death Loop” because of the deadly accidents that have occurred there. While construction companies and government agencies may be responsible for road conditions, it is typically negligent drivers who are liable for damages in a wrongful death lawsuit.

Other types of wrongful death claims include:

• Work accidents
• Medical malpractice
• Pedestrian accidents
• Defective products
• Premises liability (dangerous property conditions)

Any type of fatal accident caused by a person’s negligence may create a cause of action for the deceased’s family members. Speaking to an attorney ensures that families get the money they need to survive the tragic loss of a loved one.

Grieving family members should not wait to speak to a San Antonio wrongful death lawyer after a fatal accident. In most cases, a person has two years after the death of an individual to file a lawsuit. However, that time passes quickly, and collecting evidence as soon as possible will help you prove your case. Legal fees are not a problem when you hire the legal team at Carabin Shaw because we offer our services on a contingency-fee-basis, so you don’t pay us unless we win your case.

If you’ve lost a family member in an accident and think someone may be liable for your loved one’s wrongful death, call our toll-free number at 1-800-862-1260 to schedule a free consultation. Someone is available to speak with you 24/7, and we have staff available in English and Spanish.

For more information:

• Civil Practice and Remedies Code 71
• Texas Statutes 408
• Texas Statutes 16