Who Can File a Wrongful Death Claim in Texas? A Guide for San Antonio Families

The death of a loved one is a major tragedy in any person's life. When a loved one dies in an avoidable accident, however, the need for grieving is often compounded by the need for justice. That is why the surviving family members of people who have died due to the negligence of others can pursue wrongful death lawsuits on behalf of their loved one. Unfortunately, the path to a successful wrongful death suit can seem overwhelming to those already dealing with grief. That is where the San Antonio wrongful death lawyers at Carabin Shaw come in.

Our top Texas law firm has been winning compensation and justice for victims like you since 1992. We take pride in handling the busywork and winning vital compensation for grieving families. We even offer a free consultation to make it easy to get started. To find out more about how we can help you, call us toll-free at 1-800-862-1260 or contact Carabin Shaw online. No money owed until your case is won.

If your loved one has recently died in an accident in San Antonio caused by the negligence of another, you may be wondering, “Who can file a wrongful death claim in Texas?” According to Texas’s Wrongful Death Act, the surviving spouse, children, or parents of the deceased have the right to file a lawsuit on behalf of their dead loved one. If no eligible family members file a suit within three months, the executor of the estate may file it, as long as the eligible family members have not specifically requested that no lawsuit be filed.

It’s important to note that other relatives, such as grandparents, siblings, and unmarried partners, do not have the right to file a wrongful death lawsuit.

Texas wrongful death laws require victims to prove liability by demonstrating negligence that led to the death of their loved one. Building a strong case requires evidence. Do not delay gathering evidence, as it can become less reliable or even disappear over time. Remember that you need evidence related to liability as well as evidence that demonstrates the financial and emotional impact of your loved one’s death.

Some common examples of evidence that may be relevant to you include:

• Medical records
• Accident and incident reports
• Witness testimony
• Photo/video evidence
• Financial records

In a wrongful death claim in Texas, damages are used to determine how much compensation victims can seek. Damages can apply to a wide variety of losses related to your loved one’s accident. Not only do they cover financial losses, but they also account for the accident's emotional impact.

Some examples of damages you may qualify for are:

• Reimbursement of medical expenses
• Property damage
• Pain and suffering
• Lost wages
• Loss of benefits
• Punitive damages

Working with an experienced wrongful death attorney in San Antonio is the best way to ensure positive results for your case. Your attorney will build you the strongest possible case and maximize the compensation you receive. The benefits of working with a lawyer are not limited to the courtroom. Your attorney can help gather evidence for you, handle correspondence, negotiate your insurance claims on your behalf, and provide invaluable guidance and emotiona support.

The wrongful death lawyers at Carabin Shaw will help you win your case and maximize your compensation. We have been fighting for the rights of San Antonio victims like you for over thirty-four years. Our client reviews reflect the care and results we strive to provide for every family we represent.

We have also structured our business to make your pursuit of justice as risk-free as possible. We offer a free case review to all wrongful death victims, and when you move forward with your case, we offer our services on a contingency-fee-basis. That means that we only get paid when we win. Contact Carabin Shaw online or give our law firm a toll-free call at 1-800-862-1260, where our English and Spanish-speaking staff is available 24/7 to get you started!

For more information:

• KENSE 5 NEWS
• WRONGFUL DEATH