San Antonio, TX Wrongful Death Lawyer
If you have lost a loved one, we understand that no amount of compensation will ever make things right. However, protecting your legal rights is important, and you deserve to secure the financial resources you will need now and in the future.
For many people dealing with the loss of a loved one, discovering what happened is an important step toward beginning the difficult task of moving on. While there may not be a “why” that adequately explains what happened, knowing the cause of your loved one’s death and holding the negligent party responsible can provide some level of closure.
Discovering what happened is also a critical step toward securing financial compensation for your loved one’s death. While no amount of money will ever replace what you have lost, the financial consequences of losing a close family member can be substantial. You may need to recover compensation in order to avoid financial strain during the years to come. You may also be entitled to financial compensation for your mental anguish and emotional loss, and hiring an experienced attorney is a good step toward obtaining the full financial compensation available.
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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
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. 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.