Personal Injury &
Wrongful Death Lawyers
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San Antonio Wrongful Death Attorneys

The death of a loved one because of an accident is truly devastating. You not only deal with the emotional fallout from losing someone you love, but now you’re worried about final expenses, the medical care they received, and loss of income to your family. As the premiere San Antonio wrongful death attorneys, The Aguirre Law Firm, PLLC, understands the emotional and financial devastation caused by a wrongful death, and we’re here to help. We have deep, hands-on knowledge of the laws surrounding wrongful death. We’re here to help families put the pieces back together. Schedule your free consultation now.

What Is Wrongful Death?

In San Antonio, wrongful death occurs when someone dies as the result of some type of accident or crime. A wrongful death causes extreme financial, mental, and emotional hardship for the survivors of the deceased. There are additional and unexpected expenses thrust upon the family. Examples include final expenses for a burial or cremation, final medical bills, and possibly even replacing a vehicle or other property. And what about the loss of income, both current and future?

Financial pressure isn’t the only issue faced by the family. Lack of companionship and love combined with grief are catastrophic. Spouses, parents, children, and even grandparents are just a few of the family members, and often administrators of the estate, who feel the most financial turmoil.

A wrongful death claim can be filed by certain family members, known as the next of kin, to recoup losses that resulted from the death. While a loved one can’t be returned to your family, you may be able to hold the negligent party both legally and financially responsible for your loss.

Texas Statute of Limitations for Wrongful Death Claims

There is a deadline in San Antonio and the rest of Texas to file a wrongful death claim. This deadline is known as the statute of limitations. If the claim isn’t filed by the time the statute of limitations runs, you lose your legal right to it. Under Texas law, the statute of limitations for a wrongful death claim is two years from the date of the death. For example, if your loved one was in a construction accident or car accident in May, but they didn’t pass away until December, the statute of limitations begins on the day that your loved one passed away.

It’s also important to note that if the next of kin or the deceased is a minor child, there can be other exceptions to the statute of limitations. It’s important that if you’re considering a wrongful death claim that you contact The Aguirre Law Firm, PLLC immediately. You don’t want to lose your legal rights to hold the negligent party responsible. The initial consultation is free.

Who Can File a Wrongful Death Claim in Texas?

Only certain individuals qualify to file a wrongful death claim in Texas under our state law. First, there are certain family members who are allowed to file a wrongful death claim. These family members include:

  • The surviving spouse, even if the couple was separated
  • The children of the deceased (including adult children)
  • The parents of the deceased

Survivors of a non-marital relationship, such as a fiancé or domestic partner, are not eligible to file a wrongful death claim. These family members may file individual wrongful death claims or file joint or group claims. However, if the family does not file the claim within three months, the personal representative, also known as the executor, of the estate may then file the claim.

Common Accidents Resulting in Wrongful Death

In San Antonio and the surrounding areas, the accidents that most often cause wrongful death claims include:

  • Car accidents, including drunk driving accidents
  • Semi-truck and delivery truck accidents; this may or may not include intoxication, fatigue, or even defective manufacturing of vehicle parts, among other claims
  • An accident at work
  • An accident on a construction site
  • An accident on the oilfield
  • Motorcycle accidents

For more than 20 years, our injury lawyers has provided legal advice and representation for wrongful death victims in San Antonio and the surrounding area. With previous experience in insurance defense, we know what it takes to help families like yours. Schedule your free consultation now.

What Compensation Can You Recover

Financial compensation is available to wrongful death family members who have a successful claim. While there are many factors that determine the success of the claim along with the financial compensation types and amount, some of the financial recovery includes both economic (monetary) and non-economic damages. Examples include:

  • Medical expenses related to the injury, ongoing care (if occurred), and final medical expenses
  • Lost income for the family
  • Loss of inheritance for direct heirs, such as the surviving spouse and children
  • Final expenses, including cremation, funeral, and burial expenses
  • Loss of care and support from your loved one; examples include loss of companionship or consortium
  • Mental suffering because of the wrongful death; this may include depression, PTSD, and anxiety resulting from the wrongful death
  • Punitive damages toward the defendant(s); this financial award is available in claims where there was malicious or reprehensible action that resulted in the wrongful death. The goal is to punish the defendant and set an example in the hopes that others avoid the actions that resulted in the death

The types and amounts of wrongful death compensation are fact-specific. Schedule your free case review with our San Antonio wrongful death lawyers now.

Who Is Responsible?

The simple answer is that the person, persons, entity, or entities responsible for the wrongful death can be held responsible. However, that’s not always easy to determine depending on the type of accident that occurred.

Contact a San Antonio Wrongful Death Attorney Today

Experienced wrongful death lawyers, such as those with The Aguirre Law Firm, PLLC, play an important role in assisting the family of the victim. The right attorney will help ensure that all the evidence necessary to prove the claim is accounted for and preserved. A good attorney will also be mindful of the legal deadlines associated with your claim.

The Aguirre Law Firm, PLLC has over two decades of wrongful death claim experience. We pride ourselves in helping the survivors of a wrongful death claims. To get started, contact us today for a free consultation.

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