The loss of a loved one is always a painful experience. Even if you anticipated and made preparations for such a tragic event, the impact of the loss remains undeniable. However, when someone else’s actions cause a loved one’s passing, it will likely intensify your grief.
San Antonio wrongful death lawyers can help you seek justice and protect the memory of your loved one. While wrongful death can occur in various, our San Antonio personal injury lawyers are experienced in a wide range of cases. We can help by investigating your claim and negotiating a settlement with the other parties involved.
If your loved one’s death was someone else’s fault, call Zinda Law Group to receive a free case evaluation.
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What Is a Wrongful Death?
Wrongful death claims are a type of personal injury claim. A wrongful death occurs when someone’s actions cause another person to die.
Wrongful death claims are similar to other personal injury claims because of the legal theories that apply. However, wrongful death claims cannot be brought by the deceased person who suffered the fatal injury. Instead, they are brought by the victim’s family for the losses experienced.
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Available 24 / 7|Free ConsultationWho Can Sue for a Loved One’s Fatal Accident in San Antonio?
Texas has its own statutory scheme for who can file a wrongful death claim for the decedent. The surviving spouse, children, and parents of the deceased may bring the wrongful death action independently of one another, or one or more individuals can file the action to benefit all of them.
Notably, siblings are not among those who can bring a wrongful death claim; any of the deceased person’s children who sue must be legal adults and the deceased’s legal children.
The surviving spouse, children, and parents of the decedent have three calendar months after the death of their loved one to file a claim.
Once those three months have passed, only the personal representative of the decedent’s estate can file the claim. The family member or personal representative may file a survival action to recover for the damages the deceased person suffered.
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Wrongful death cases can fall under a variety of different personal injury laws. The three basic kinds of personal injury laws include negligence, intentional torts, and strict liability. A fatal accident in San Antonio can arise in any of these three areas of law.
In cases of negligence and intentional torts, the plaintiff generally must show how someone caused them harm, establishing that person’s fault. Negligence falls under the standard of reasonable care, while intentional torts involve the intentional (though non-criminal) actions of others.
Strict liability, on the other hand, removes the question of fault and automatically assigns liability to the person who caused harm.
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Available 24 / 7|Free ConsultationWrongful Death Due to Negligence
In a negligence claim for wrongful death, a victim’s surviving family member or personal representative must show that:
- The defendant owed the victim a duty of care.
- The defendant breached that duty by failing to provide the victim with the appropriate standard of care.
- The victim’s death was a result of that breach of the standard of care.
- The victim’s death caused the injuries for which you are suing.
A wrongful death lawyer plays a crucial role in helping families seek justice and compensation for the loss of a loved one due to negligence. They can gather evidence, such as accident reports, witness testimonies, expert opinions, and medical records, to build a strong case.
Duty to the Deceased
This is where the “reasonable person” standard comes in. The duty of care the victim’s employer, shopkeeper, or fellow motorist owed them was that of the “reasonable person.”
That is, the amount of care drivers owe each other on the road is that of a reasonable person: following the rules of the road and taking extra precautions in inclement weather. Reasonable care is also often described as “preventing foreseeable harm.”
Sometimes the standard of the duty of care is raised for professionals. For example, doctors owe patients a high standard of care. They are required to exercise the level of care, skill, and judgment that would be reasonably expected from a competent medical practitioner in the same field.
Breach of Duty
If someone owed your loved one a duty of care and breached that duty by failing to meet the standard of care owed, they might be liable to you and the decedent for their negligent acts.
In the context of a wrongful death case, this breach of duty can form the basis for a claim against the responsible party. By demonstrating that the defendant failed to uphold their duty of care, resulting in the death of your loved one, you can seek compensation for the damages suffered.
CASE RESULTS
The Breach of Duty Caused the Death
Additionally, the defendant’s breach of the duty of care must have either directly or proximately caused the death of your loved one. This means demonstrating a causal link between the negligent actions or omissions of the defendant and the fatal outcome.
It requires proving that, had it not been for the defendant’s breach of duty, your loved one would not have suffered the fatal harm.
The Damages You Suffered
Finally, the damages you suffered must have been caused by the death of your loved one. This involves demonstrating the direct impact that the loss has had on your life, both economically and emotionally.
Examples of Wrongful Death Caused by Negligence
Wrongful death cases caused by negligence come in countless forms, though a few broad categories describe the type of negligence. None of the following lists of examples are exhaustive.
Medical malpractice is when healthcare professionals fail to meet the accepted standard of care, resulting in harm or injury to patients. These cases encompass a wide range of situations, including:
- Failure to diagnose a serious condition
- Misdiagnosis
- Errors during surgery
- Pharmacy errors
- Mistakes while medicating
- Errors during the birth of a child
Traffic accident cases arise when individuals are involved in vehicular accidents that result in property damage, injuries, or loss of life. These cases can encompass a range of scenarios, such as:
- Accidents caused by a drunk driver
- Accidents caused by a distracted or reckless driver
- Truck accidents
- Rideshare accidents
- Accidents caused by speeding
- Accidents involving a motorcycle
- Accidents involving an ATV
Workplace accidents address incidents that occur while individuals carry out their duties. These cases encompass a wide range of accidents, including:
- Construction accidents
- Cellphone tower accidents
- Logging accidents
- Trucking accidents
- Oil field accidents
- Other kinds of accidents in which the employer failed to keep employees safe
Premises liability revolves around the legal responsibility of property owners for accidents or injuries on their premises. These cases can arise from a variety of situations, including:
- Slip and falls in a parking lot
- Slip and falls in a store
- Drowning accidents
- Accidents from unsafe conditions at an apartment complex
- Other kinds of accidents which the premises owner should have prevented
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Available 24 / 7|Free ConsultationWrongful Deaths Caused by Intentional Acts
Unlike negligence, intentional claims have various elements depending on the case. The elements of a claim for false imprisonment will look very different from the claims of intentional infliction of emotional distress. However, all of the claims under this category share the element of intent.
You may have heard of the criminal versions of the claims under intentional tort. As the survivor of the deceased victim, you may also file claims for the intentional tort that happened to the decedent if appropriate in your case.
If a crime caused the decedent’s death, you may not have a personal injury case. Talk to a Texas personal injury attorney to decide what path to choose.
Each intentional claim has unique elements you must prove to win your case. The following are examples of intentional acts that can cause wrongful death:
- Battery: In which the plaintiff must prove that the defendant engaged in the intentional and unlawful act of causing physical harm or offensive contact with the victim.
- Assault: In which the plaintiff must prove that the defendant intentionally caused apprehension or fear of immediate physical harm or offensive contact in another person.
- False imprisonment: In which the defendant restrains another person in such a way that confines that person to an area.
- Trespass to land: In which the defendant knowingly enters another person’s property without permission.
- Trespass to chattels: In which the defendant interferes with the personal property of the plaintiff.
- Intentional infliction of emotional distress: In which the defendant acts with the intent to cause another person to suffer severe emotional distress.
Talk to a personal injury lawyer in San Antonio if your case falls within one of these categories. It will be important to distinguish whether there is a personal injury claim, a criminal case, or both.
Strict Liability in Wrongful Death Cases
Strict liability cases for wrongful death often arise from defective products. These cases involve products that suffered an error during the design, manufacturing, or labeling process.
When manufacturers produce a device that causes a fatal accident for your loved one, they might be strictly liable for the injury. For the manufacturer to be held strictly liable in a product liability claim, the product must be defective when the manufacturer sells it and must be the cause of the victim’s person’s death.
Common defective products that arise in product liability cases include:
- Automobiles
- Medical devices
- Construction equipment
- Personal protective equipment
- Other devices that were designed, manufactured, or labeled defectively
Should I Hire a Wrongful Death Lawyer Near Me?
Hiring a lawyer near you helps ensure that the attorney has all the resources to help with your case. For example, if your loved one had a San Antonio car crash death, the legal authority surrounding your case will come from Texas statutes and cases.
It also helps your attorney to know the area to understand your story better and for the attorney to be able to meet with you at your convenience.
What does a San Antonio Wrongful Death Lawyer Do?
A personal injury attorney can help you at all stages of litigation, both procedurally and substantively. If you wish to take action against the at-fault party, consider hiring an experienced lawyer.
We have discussed the substance of the common law claims under which you might sue in a wrongful death case, but there is also the legal procedure that a claim must go through. A lawyer from Zinda Law Group can help ensure that you do not make procedural mistakes at any point during litigation.
File Your Claim
First, you must file your claim within the appropriate timeframe. Texas has a two-year statute of limitations for personal injury cases. Usually, that means that from the day the wrongful death occurred, you have two years to file your claim; however, as mentioned earlier, in the context of a wrongful death, the timeline can depend on your relationship with the deceased.
Also, it can be difficult to determine the correct person to sue. For example, if your deceased loved one was a construction worker hired by a subcontractor, it can be confusing to follow or determine the chain of liability. You should sue the person or business ultimately at fault for the wrongful death.
Negotiates for Fair Compensation
Next, your attorney begins the negotiation process to get you compensated. Negotiation can be difficult for someone unfamiliar with the legal process, especially since insurance companies and their lawyers are often involved and know how to ask questions that reduce the strength of your case. Having an experienced advocate on your side can help you avoid falling into such traps.
The compensation in a wrongful death case covers the losses for you and your loved one, including missed wages, loss of companionship, funeral expenses, and the pain and suffering your loved one experienced before death.
Note: a Personal Injury Lawyer does Not Handle End-of-Life Planning
This article is intended to help people determine whether they can bring a wrongful death claim. Understandably, there might also be matters related to an unexpected death that the deceased’s family must resolve.
Families often struggle with these tough decisions when they do not know their loved one’s wishes regarding their estate and funeral planning.
While these issues are incredibly important, they are separate from the wrongful death claim. Some lawyers specialize in helping families whose deceased loved one passed away intestate (without a will), just as there are lawyers who specialize in personal injury claims.
Discuss Your Case With Our San Antonio Wrongful Death Lawyers
If someone’s intentional act caused your loved one’s death, you could have a wrongful death claim. Do not leave any “what ifs” regarding your loved one’s passing.
You deserve not only the closure of having the at-fault party take responsibility for your loved one’s death but also the compensation to help you handle the financial burden that the defendant caused. Our no-win, no-fee guarantee ensures you do not pay us unless we win your case.
We want to ease your suffering as much as possible, and we have the experience to give you truly effective counsel. The lawyers at Zinda Law Group care about your goals in the lawsuit and can advocate for you while leaving the control in your hands.
Call our attorneys and schedule your free consultation today.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
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