Wrongful Death Lawyer in San Antonio, Tx

Filing a Wrongful Death Lawsuit: Steps and Key Considerations

The process of filing a Texas wrongful death lawsuit involves several critical steps to ensure a thorough and legally sound case. Working with an experienced wrongful death attorney in Texas can make a significant difference in how these steps are navigated:

• Identify Eligible Claimants: In Texas, only the deceased’s spouse, children, and parents are eligible to file a wrongful death claim. If none of these family members take legal action within three months of the death, an executor or estate representative can file on behalf of the family.
• Gathering Evidence: Documenting the circumstances of the wrongful death is key. This includes obtaining medical records, accident reports, witness statements, and other evidence demonstrating the negligence of the responsible party.
• Filing the Lawsuit: Texas law generally requires wrongful death claims to be filed within two years from the date of the death. Filing within this statute of limitations is essential to avoid losing the right to seek compensation.
• Determining Damages: A wrongful death claim seeks to compensate for various damages, such as lost wages, loss of companionship, and mental anguish. Also, if the negligence was extreme or intentional, families may be entitled to punitive damages, which are intended to punish the responsible party and deter similar behavior.

Proving Negligence in Wrongful Death Cases: Essential Elements

Establishing negligence is a fundamental part of a Texas wrongful death case. To succeed, certain legal elements must be proven to show that the defendant’s actions directly caused your loved one’s death:

• Duty of Care: The plaintiff must first demonstrate that the defendant owed a duty of care to the deceased. For example, a driver owes a duty to other road users to operate their vehicle safely.
• Breach of Duty: The defendant’s actions (or inactions) must have breached this duty. In a wrongful death case, this may involve proving the defendant acted recklessly, negligently, or in disregard of known risks.
• Causation: It must be shown that the defendant’s breach of duty directly led to the death. This may involve medical testimony, accident reconstructions, or other forms of evidence.
• Damages: Finally, the claim must establish that the death has caused quantifiable losses to the family, including financial strain, emotional suffering, and other damages.

An experienced San Antonio wrongful death lawyer, like those at Eric Ramos Law, can provide crucial support in gathering and presenting evidence to meet these requirements. By building a comprehensive case, we strive to help families receive the compensation they are rightfully owed.

For instance, in cases of drunk driving accidents, holding the responsible party accountable is essential. Explore a real-life example in our blog, Man and Woman Critically Injured by Drunk Driver in Brutal San Antonio Crash, to learn more about the importance of justice in such cases.

Common Causes of Wrongful Death In San Antonio, TX, and How To Avoid Them

Wrongful death lawsuits in San Antonio arise from various situations. At Eric Ramos Law, PLLC, we specialize in cases involving:

• Motor Vehicle Accidents: Negligence such as distracted driving or DUIs. Our blog, Rollover Crash Kills San Antonio Woman, Injures Child, highlights the tragic consequences of reckless driving.
• Workplace Accidents: Fatalities in construction sites or oilfields.
• Medical Malpractice: Deaths caused by surgical errors or negligence.
• Premises Liability: Injuries due to unsafe property conditions.

Each case is unique, and we are dedicated to holding the at-fault parties accountable. To avoid pitfalls, work with experienced wrongful death lawyers in San Antonio who understand the process. For insights into common errors to avoid, read our blog, Common Mistakes That Can Ruin Your Personal Injury Claim.

How Compensation is Determined In Wrongful Death Cases

Compensation in wrongful death cases typically includes:

1. Economic Damages
• Funeral expenses, medical bills, and lost future income.
2. Non-Economic Damages
• Emotional losses, such as loss of companionship and mental anguish.
3. Punitive Damages
• In cases involving gross negligence, additional damages may be awarded to punish the wrongdoer.

We work diligently to ensure every aspect of your loss is accounted for.

Areas of Service in San Antonio and Nearby Areas Across Texas

At Eric Ramos Law, PLLC, we proudly serve families across Texas who have experienced the unimaginable loss of a loved one due to negligence. Our services extend to:

• San Antonio
• Laredo
• McAllen
• Midland
• Austin

We understand that wrongful death claims are deeply personal, and we are here to provide unwavering support wherever you are located.

Why Families in San Antonio Choose Eric Ramos Law, PLLC

When you work with Eric Ramos Law, PLLC, you partner with a team that prioritizes your family’s well-being. We:

• Offer free consultations with no upfront fees.
• Handle every aspect of your claim, so you can focus on healing.
• Fight tirelessly to secure maximum compensation for your loss.

Understanding Wrongful Death Claims: Q&A with Attorney Eric Ramos

The Texas wrongful death statute is unique, and pursuing a successful case requires a thorough understanding of the rules and restrictions that apply. While you can rely on your attorney to deal with the complex aspects of your case for you, it can also be helpful to have a basic understanding of what you can expect during your wrongful death claim.

Q: Are all family members eligible to receive compensation?

No. In Texas, only the deceased’s spouse, children, or parents are eligible to file a claim for wrongful death. These family members can seek financial compensation for:

• Loss of income
• Loss of inheritance
• Loss of companionship, comfort, care, support, and society
• Mental anguish and emotional trauma

Q: How is a wrongful death claim different than a survival claim?

While a wrongful death claim is brought on behalf of a living individual who lost a family member, a survival claim is for the loss of life suffered by the decedent. Damages in survival claims also include conscious pain and suffering and mental anguish suffered by the deceased. The claims are typically filed on the decedent’s behalf by his or her heirs.

Q: How long do I have to file a claim for wrongful death?

Generally speaking, the statute of limitations for wrongful death claims in Texas is two years from the date of death. However, there are exceptions, and there are also a number of reasons why it is important to take legal action as soon as possible.

Q: What steps are involved in pursuing a wrongful death claim?

Texas law states, “[t]he surviving spouse, children, and parents of the deceased may bring the action[,] or one or more of those individuals may bring the action for the benefit of all.” If no eligible family members file a claim within three months of the date of death, then the deceased executor (or personal representative), “shall bring and prosecute the action unless requested not to by all those individuals.”

In other words, family members may initially choose to file a claim collectively or to have one family member file a claim on behalf of all eligible relatives. If they do not take legal action within three months, then a legal proceeding can be commenced on behalf of the decedent’s estate. Attorney Eric Ramos can help you consider your options, and he will file the appropriate claim within the timeframe allowed.

Q: We have a lot of medical bills from my loved one’s time in the emergency room. Can we recover compensation for these costs as well?

Your loved one’s estate may be able to recover compensation for his or her outstanding medical bills. The estate may also be able to recover compensation for your loved one’s pain, suffering, and mental anguish prior to death.

Q: Is it possible to seek punitive damages in cases of wrongful death?

In some cases, yes. Texas law provides that, “[w]hen the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary [or punitive] as well as actual damages may be recovered.” Proving willful intent or gross negligence can be difficult; but, if you have a claim, Mr. Ramos will take all action necessary to maximize your financial recovery.

Q: What types of wrongful death cases do you handle?

We represent family members and personal representatives in all types of wrongful death cases involving accidents in San Antonio and throughout the state of Texas. This includes:

• Car accidents
• Falls and other premises-related accidents
• Motorcycle accidents
• Truck accidents
• Work-related accidents
• Other accidents resulting in fatal injuries

Q: How much does it cost to hire a wrongful death lawyer?

At Law Office of Eric A. Ramos, it costs you nothing upfront to hire us for your case. We refer to this as our no-fee guarantee. Your initial consultation is completely free and confidential; and, if you decide to move forward, we will not charge you any fees or costs unless we recover compensation for your loved one’s death.

Q: How do I get started?

Getting started is simple. The first step is to call or contact us online so we can get information about your family’s circumstances. Then, we can give you our thoughts and help you decide the next steps.

Let Us Help – Schedule a Free, No-Obligation Consultation

If you would like to speak with San Antonio wrongful death lawyer Eric A. Ramos in confidence, we encourage you to contact us to arrange a free, no-obligation consultation for wrongful death claims in Texas. We are able to schedule most appointments same day. To learn more about your rights in a pressure-free environment, please call (210) 404-HURT or tell us your story online today.