Skilled Legal Advocacy to Help Your Family Receive Fair Compensation for Your Loss

The death of a loved one can be one of the most challenging issues a person will ever have to face. Whether it is a friend, a parent, a spouse, or a child, losing anyone near and dear to you can have serious emotional repercussions. Aside from the possible emotional turmoil a death may cause, losing a loved one can also affect your day-to-day life. Imagine losing your spouse in an accident and having to carry the financial burden of any outstanding debts, and possibly supporting your family on your own. Times can be dark after losing a loved one, and being financially responsible for the fallout can be costly.

While deadly accidents happen and the emotional pain of losing a loved one can be unbearable, it becomes even worse when the accident that took your loved one’s life stemmed from the gross negligence of another person. The anger, combined with the grief and pain of losing someone close to you, can be a tremendous burden that at times can seem unbearable.

If you have lost a loved one due to someone else’s negligence, you may be entitled to financial compensation to cover the damages you have sustained from the deceased’s passing. Even so, wrongful death claims can be challenging to navigate without skilled legal help. Contact Barry Deacon Law today to schedule a free case evaluation with our San Antonio wrongful death lawyer to determine your legal options.

What is Wrongful Death?

All deaths can be challenging to overcome, but when a family member dies due to another person’s negligent act, determining how to hold the responsible party accountable for their actions can be confusing.

You can make a wrongful death claim when one of your family members dies due to another person’s reckless, endangering, and negligent actions. Wrongful deaths may stem from several different scenarios, including:

• Workplace accidents or illnesses
• Motor vehicle accidents,
• Medical malpractice
• Defective products
• Acts of violence

If your deceased loved one was on the job and a safety protocol was ignored by another person or by the employer at large, they may be liable to pay for any grief you have been caused. Vehicle accidents are often considered one of the leading reasons for a wrongful death lawsuit.

Whether it is due to a defect in the vehicle that a manufacturer overlooked, such as faulty parts or a defective airbag, or a drunk driver hitting and killing your loved one, a wrongful death lawsuit may be your best way to pay for any expenses that a tragedy such as this can bring.

Our San Antonio wrongful death lawyer can thoroughly evaluate your claim and determine what legal options will best suit your needs.

Who Can File a Wrongful Death Lawsuit?

Texas law allows eligible surviving family members to file a wrongful death lawsuit to hold negligent parties responsible for the death of their loved one. Under the law, the following individuals may bring legal action, including:

• A surviving spouse
• Children of the deceased (biological or adopted)
• Parents of the deceased, especially if the wrongful death victim was a minor

If none of the victim’s family members file a wrongful death lawsuit within three months of the death, the personal representative can file the claim on behalf of the deceased person’s estate.

Individuals who are not permitted to file a wrongful death claim include:

• Unmarried partners
• Stepparents or stepchildren
• Siblings
• Grandparents, unless they have legally adopted a grandchild who was also the victim

Depending on family dynamics, one family member may file alone or in conjunction with other family members. If you are unsure whether you are eligible to file a wrongful death lawsuit for a family member’s death, you should consult an attorney immediately who can answer your questions.

What if the Person who Died Supported Me Financially?

The sudden shock of losing any one of your family members can be a devastating experience. Many people have spent lifetimes sharing love and memorable moments with someone, and those memories can be taken away in an instant. It is dramatically worse when your loved one’s life is quickly snatched away because of the reckless acts of another party.

When that support is taken away from you in the blink of an eye, you may not know what to do next. How will you pay for your house? Your car? How will you be able to give your children what they need when the majority of the income for your household comes from the person you just lost?

If these are the types of questions that frighten you, consulting a wrongful death lawyer can help calm your fears. Due to your sudden loss of income, it may be possible for you to recover significant compensation to take care of any expenses you must now manage alone.

If a court rules that your wrongful death claim has merit, the money you receive from your win can help take care of you and your family for the foreseeable future. To maximize your chances of winning your wrongful death lawsuit, seek out an attorney who has comprehensive experience handling wrongful death claims, to make sure you and your family once again have a chance at an everyday life.

How Much Compensation Can I Receive from a Wrongful Death Lawsuit?

Losing a loved one has a fair share of problems. Emotional and mental health issues that stem from a tragic death in your family can last a lifetime. So can any financial burdens stemming from your loss. Without the proper plan in place following a loved one’s death, it can be challenging to recover from the financial stress that has been forced on you without warning. If an individual or entity committed a negligent error or intentional acts that resulted in the death of your deceased loved one. In that case, you may be entitled to recover significant compensation if you file a wrongful death lawsuit against them.

Determining Factors

The amount of compensation you may receive if you win your claim can depend on many factors. These factors may include:

• Whether there are unpaid medical expenses the deceased incurred due to their fatal injuries
• Whether or not your family member had children
• Whether your loved one was the primary source of income for your household
• The costs you had to pay for funeral expenses

If it is determined that the defendant’s negligence caused the death of your loved one, your compensation may be enough to cover any outstanding expenses you have and may have in the future. The court may factor in any future loss of income on top of the immediate loss, meaning you and your family may at least be able to get back on your feet and continue the grieving process without the worry of not knowing if you will be able to pay for the cost of living.

It is important to emphasize that the circumstances in every wrongful death lawsuit are different and, therefore, any compensation that you may recover will also vary.

Is There a Time Limit for Filing a Texas Wrongful Death Lawsuit?

Texas law allows eligible family members up to two years from the date of the victim’s death to file a wrongful death claim. This aspect of the statute of limitations differs from that in personal injury claims, where the two-year clock begins on the date of the injury.

Just as with other legal matters, there are key exceptions to the two-year time limit, including:

• Minors: If the eligible family member is a minor, the statute of limitations is “tolled” (paused) until they turn 18, and they then have until their 20th birthday to file a wrongful death claim. However, a parent or legal guardian may file a claim on behalf of the child even if they are still a minor.
• Discovery rule: If the victim’s cause of death was not immediately known or discovered, the two-year clock will begin when the circumstances surrounding the death are discovered or should have reasonably been discovered. The discovery rule often applies in cases of medical malpractice.
• Incapacity: If the family member who would be eligible to file the wrongful death claim has physical or mental disabilities, the statute of limitations can be tolled until they are considered competent to proceed with the legal action.
• Fraudulent concealment: The two-year time limit may be extended if the negligent party intentionally concealed their involvement in the decedent’s death.

Although two years may seem like a reasonable amount of time to file a wrongful death action, life has a way of interrupting plans. The most strategic approach is to consult an experienced wrongful death lawyer, who can clarify the legal steps you can take to hold the responsible party accountable for their negligent actions.

How Can Hiring a Wrongful Death Lawyer Give Me a Legal Advantage?

If your loved one suffered a fatal accident that can be attributed to another person’s negligence, you have the right to seek compensation for your losses. Texas personal injury law can be overly complex, especially when multiple liability issues are involved.

A wrongful death lawyer understands the nuances involved in filing a wrongful death claim and what it takes to get results for clients. When a lawyer agrees to take your wrongful death case, they will professionally assess the details of your loved one’s death and gather crucial evidence, including police reports, witness statements, and medical records, that support your claim.

Fortunately, most wrongful death claims are settled out of court with the help of an experienced attorney. Even so, one of the most critical legal services that wrongful death lawyers provide for clients is proving negligence and liability. Just as with a personal injury claim, there are specific legal elements that must be proven to recover compensation.

Your legal representative will also help protect you from the insurance company if they try to use the state’s modified comparative negligence doctrine to blame the victim for causing the accident, so that they can reduce or deny compensation.

Other vital legal services that a wrongful death lawyer provides to clients include:

• Thorough calculation of economic and non-economic damages
• Handles all negotiations with the insurance provider to help you recover maximum compensation for your loss
• Courtroom representation if the insurance company is unwilling to settle or offer a fair settlement

Contact Barry Deacon Law Today, So We Can Get Started Helping Your Family Receive the Justice You Deserve

Following your loved one’s death, you may face a financial crisis as you try to manage the burdens of funeral costs, unpaid debts, and daily living expenses. These unexpected debts and expenses can add unnecessary stress during an already turbulent time. A wrongful death claim may be your first step to recouping costs that help you move on from this challenging chapter in your life.

While not all wrongful death cases are the same, they all may involve a significant amount of grief and emotional and financial instability. Barry Deacon Law is experienced in handling wrongful death lawsuits and strives to do whatever it takes to lift the sudden financial burdens that may have fallen on your shoulders. Contact Barry Deacon Law today by calling (210) 985-8398 for English-speaking clients and (210) 796-4933 for Spanish-speaking clients. Barry Deacon personally handles all cases from start to finish and is dedicated to helping families when they need it most.