Wrongful Death

Who Has the Legal Right to Represent the Deceased?

It is rare for anyone to be prepared for death. No matter the cause, our grief and pain make it difficult to handle even the simplest daily tasks, like checking the mail and paying the bills on time. But that doesn't stop the world from turning, and there are many decisions that have to be made and actions that must be taken in order to ensure the continued health of your family members. Distant family and close friends can help with getting groceries and taking the kids to school, but you will eventually need the professional help of an attorney to determine when and how to interpret the will, changing remaining assets into someone else's name, and figuring out who has the legal right to represent the deceased. Our San Antonio wrongful death lawyer is prepared to help you figure out what the best course of action is in the wake of such a tragedy. In San Antonio a wrongful death claim can be made when a person is killed due to the negligence of another individual, company, or entity. 

The ability to file a claim or lawsuit for wrongful death is automatically granted to the spouse, children, or parents of the deceased (also known in legal terms as the decedent). In some less common instances, other types of family members, such as siblings, stepparents, grandparents, domestic partners, and legally recognized dependents, may also be included. In the most rare of cases, as when the victim of the wrongful death is a minor, the state may require that victim's legal guardian to file suit. In any of the above circumstances, our wrongful death attorney in San Antonio can quickly determine who has the legal right to represent the deceased and how the law will allow that person to proceed with their suit. As our client, a Carabin & Shaw lawyer would merely be keeping you informed so that you understand where we are at in the process.

The Carabin & Shaw law firm represents San Antonio families who have lost a loved one as a result of the negligence, carelessness, and recklessness of others. It is not always clear who exactly is at fault in each case. Most of us assume the boss, supervisor, or employer is to blame, since it is usually their professional responsibility to ensure the workplace is safe. But if those people were doing their jobs adequately and something still went wrong, the larger company that owns that particular operation might be to blame, or beyond them, the principal stockholders. What this could mean for you is a far greater amount of legal support and attorney representation, which leads to better care for you and your family. Once our wrongful death lawyer has determined who has the legal right to represent the deceased among your family members, we will consult with you about our overall strategy and who has the most legal authority to sign the necessary papers. If you feel you do not understand this process, or are uncomfortable taking the next steps at any time, we will be there to explain everything in full and set your worries at ease.

At Carabin & Shaw, we have decades of experience with wrongful death losses in San Antonio. We can explain the intricacies of the law and what can and should, in our opinion, be done. If you or someone you love has suffered a tragic loss that may entitle them to file a wrongful death claim, contact the experienced team at Carabin & Shaw law firm today to learn more.

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