San Antonio Wrongful Death Lawyer

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The sudden and unexpected loss of a loved one due to someone else’s negligence or wrongdoing is a heartbreaking experience. Amid grief and anguish, it’s essential to seek justice and compensation for the devastating loss your family has suffered. Marco Bass Law, a San Antonio wrongful death lawyer provides the compassion, understanding, and legal experience you need during this difficult time. Call 210-600-0000 for a free consultation, taking the first step towards finding closure and holding those responsible accountable for your devastating loss.

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Understanding Wrongful Death Claims in San Antonio

When a loved one’s life is tragically cut short due to someone else’s negligence or intentional act, the surviving family members may have the right to file a wrongful death claim in San Antonio. The purpose of these claims is to hold the negligent party accountable for the harm caused and to provide financial compensation to the deceased’s family for their loss. Engaging an experienced wrongful death attorney is advantageous from Marco Bass Law when pursuing such a claim, as we can navigate the complex legal process.

The main elements of proof necessary to succeed in a wrongful death claim include establishing duty, breach of duty, cause, and damages. Typical causes of wrongful death may involve negligence, intentional wrongdoing, or breach of duty. Examples of such cases include car accidents, workplace accidents, oilfield accidents, and even criminal acts such as assault and battery.

Defining Wrongful Death

In Texas, wrongful death is defined as the unfortunate passing of someone due to another person’s wrongful act, negligence, carelessness, unskillfulness, or default. Individuals who act recklessly or negligently and result in a wrongful death in San Antonio may be held liable for their actions. Families affected by wrongful deaths resulting from drunk driving accidents, medical malpractice, or criminal acts like assault and battery may qualify to file a wrongful death lawsuit.

Achieving success in a wrongful death lawsuit involves considering several factors: establishing the deceased’s owed duty of care, showing the defendant’s duty breach, and connecting this breach to the death. Marco Bass Law is an invaluable asset during this process, guiding you toward the justice and closure your family deserves in a wrongful death suit.

Common Causes of Wrongful Death

Wrongful death can occur due to various causes, such as negligence, intentional wrongdoing, or breach of duty. In Texas, car accidents are unfortunately the most common cause of wrongful death, followed by other incidents such as truck accidents, workplace accidents, and pedestrians hit by vehicles. The devastation these tragic events inflict on families underscores the importance of seeking legal advice and holding those responsible accountable for their actions.

Bear in mind that each wrongful death case is unique with compensation types determined by the specific incident circumstances. Therefore, working with an experienced San Antonio personal injury lawyer who can assist you in navigating personal injury law’s complexities and seeking deserved compensation is invaluable.

The Role of a San Antonio Wrongful Death Lawyer

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A San Antonio wrongful death lawyer plays a vital role in providing legal support, guidance, and investigation to assist families in seeking justice for their loved ones in wrongful death cases. By engaging a law firm with experience in wrongful death claims, families can maximize their chances of obtaining compensation for their tragic loss.

A wrongful death lawyer’s assistance becomes especially crucial when dealing with insurance companies, as they often put their interests above grieving families. Wrongful death attorneys can negotiate effectively with insurance adjusters, ensuring your family receives fair compensation. In such situations, seeking help from experienced wrongful death lawyers is highly recommended.

With the help of a compassionate legal team, families can feel supported and guided through the challenging legal process.

Legal Support and Guidance

Wrongful death cases require legal support and guidance to help grieving families steer through the complex legal process. This encompasses gathering evidence and documentation, calculating damages and losses, and formulating negotiation and litigation strategies. Securing legal counsel is key to safeguarding the family’s rights.

A San Antonio wrongful death lawyer from Marco Bass Law can provide families with comprehensive legal representation, understanding the unique circumstances of each case, and helping our clients understand their legal options. We have an in-depth knowledge of the legal system and can guide clients through the process of:

  • Filing a wrongful death claim
  • Gathering evidence
  • Negotiating with insurance companies
  • Representing them in court

We handle each case with compassion and care.

Investigating and Proving Negligence

Investigating and proving negligence in wrongful death cases is a crucial aspect of pursuing justice for the deceased and their family. A San Antonio wrongful death lawyer can provide invaluable assistance by:

  • Investigating your claim
  • Securing evidence
  • Working with professional witnesses
  • Advocating for the maximum compensation possible.

In determining negligence in a wrongful death case in San Antonio, important types of evidence include:

  • Medical records to establish causation and demonstrate negligence
  • Evidence of recklessness or wrongdoing
  • Evidence of a pattern of negligent behavior
  • Evidence of the strength of the case

By collaborating with the skilled legal team at Marco Bass Law, families can focus on healing and moving forward with their lives, knowing that their loved one’s case is in competent hands.

Filing a Wrongful Death Claim in San Antonio: Who is Eligible?

Wrongful death lawsuits can be pursued by the surviving spouse, parents, and children of a deceased person in San Antonio. This option may be available to them. A child under 18 years of age is unable to legally initiate a claim. Therefore, a parent can take the necessary steps on their behalf. No legal beneficiary can file a wrongful death claim in such cases to pursue such action, relatives can come together.

It is important to distinguish between a wrongful death claim and a survival action. A wrongful death lawsuit seeks to recover damages suffered by the deceased’s family and/or estate, while a survival action attempts to recover damages suffered by the deceased. Understanding the difference between these two types of claims and determining which one is appropriate for your situation is crucial in ensuring that your family receives the compensation they deserve.

Eligible Family Members

Family members who may be eligible to file a wrongful death claim in Texas include wrongful death beneficiaries, such as personal representatives or executors of the estate. The personal representative in the context of wrongful death cases is typically named in the will; however, if there is no will, the court may appoint a personal representative.

It is essential for eligible family members to act quickly in filing a wrongful death claim, as the statute of limitations for such claims in Texas is two years from the date of the deceased person’s death. Consulting with a knowledgeable wrongful death attorney from Marco Bass Law can help ensure that your claim is filed within the required timeframe and that all necessary documentation is submitted.

Ineligible Parties

Under Texas law, the following individuals are typically not eligible to file a wrongful death lawsuit:

  • Distant relatives such as cousins, grandparents, and descendants
  • Life partners who are not legally married
  • Stepchildren
  • Stepparents

It is important to consult with a wrongful death attorney to understand your eligibility and the steps that need to be taken to pursue a claim.

Statute of Limitations for Wrongful Death Claims in Texas

In Texas, the statute of limitations for filing a wrongful death claim is two years from the deceased person’s death date. Keeping this time limit in mind is crucial, as failure to file a claim within the specified timeframe may forfeit your right to seek compensation.

It is crucial to act quickly and seek the advice of a wrongful death attorney to ensure that your claim is filed promptly and that your rights are protected.

Compensation and Damages in Wrongful Death Cases

Depending on the case specifics, both economic and non-economic damages may be accessible to the surviving family members in wrongful death cases. The purpose of these damages is to compensate the family for their loss and provide a sense of relief, justice, and healing.

Economic damages may include lost earnings, medical expenses, and funeral costs. Non-economic damages, on the other hand, may include mental anguish, loss of companionship, and punitive damages. It’s essential to work with Marco Bass Law who can help you understand the types of compensation available in your case and advocate for the maximum amount possible.

Economic Damages

Economic damages in wrongful death cases are intended to compensate the deceased’s family for tangible financial losses resulting from the death. These may include lost earnings, which are calculated based on the deceased’s base earnings, including any employer-provided benefits. Medical expenses related to the fatal injury can also be claimed as part of the economic damages, with evidence of the medical expenses required to support the claim.

Additionally, funeral costs can be claimed as economic damages, with the personal representative of the victim’s estate submitting receipts or proof of payment related to the funeral expenses. A wrongful death lawyer can help you understand the specific guidelines and requirements for claiming economic damages in your jurisdiction, including personal injury claims.

Non-Economic Damages

Non-economic damages in wrongful death cases are intended to compensate for the intangible losses that the surviving family members experience as a result of the death. These damages may include mental anguish, which refers to the emotional suffering and distress that surviving family members may experience due to the loss of their loved one.

Other types of non-economic damages that may be awarded in Texas wrongful death cases include:

  • Pain and suffering
  • Emotional anguish
  • Loss of consortium
  • Mental and emotional anguish

While no amount of compensation can ever make up for the loss of a loved one, obtaining non-economic damages can provide some measure of comfort and support during this challenging time.

How Marco Bass Law Can Help Your Family

At Marco Bass Law, we understand the pain and devastation that families face in the aftermath of a wrongful death. Our compassionate and experienced legal team is dedicated to helping you navigate the complexities of personal injury law and seek the compensation you deserve for your loss. With our unique approach to handling wrongful death cases, we prepare every client’s file as if it is going to trial and do not waste time negotiating with insurance adjusters.

Our Approach to Wrongful Death Cases

At Marco Bass Law, we approach wrongful death cases meticulously and thoughtfully, treating every client’s file with the gravity of a trial and avoiding hasty negotiations with insurance adjusters. By not wasting time with insurance adjusters, we maximize the chances of obtaining a favorable outcome in your case and ensuring that the responsible party is held accountable for their actions.

Our comprehensive legal representation for your personal injury claim includes the following:

  • Investigating your claim
  • Securing evidence
  • Working with professional witnesses
  • Advocating for the maximum compensation possible

With our steadfast commitment to your case and our in-depth knowledge of the legal system, you can trust that your family’s rights and interests are our top priority.

Contact Us for a Free Consultation

For more information on how Marco Bass Law can assist your family in your wrongful death case, contact us for a free consultation at 210-600-0000 or complete the Contact Us form on our website. We work on a contingency basis, so you can trust that our team is committed to fighting for your rights without any upfront costs or fees.

During this consultation, our compassionate legal team will listen to your story, answer your questions, and provide an assessment of the potential merits of your case.

Let us help you seek justice for your loved one and support you through this difficult time.

Frequently Asked Questions

Can you sue for wrongful death in Texas?

In Texas, the spouse, children, or parents of a deceased person can file a wrongful death claim. If they do not bring this claim forward within three months of the person’s death, the deceased person’s estate may step in and file it on their behalf.

How long do you have to file a wrongful death suit in Texas?

You have two years to file a wrongful death suit in Texas, starting from the day your family member passed away. Don’t miss this important deadline in seeking justice for your loved one.

Who has standing to sue for wrongful death in Texas?

In Texas, the surviving spouse of the deceased has the primary right to initiate a wrongful death lawsuit. If there is no surviving spouse, the surviving children may bring a wrongful death suit. Parents and other close family members are also eligible to file a wrongful death lawsuit on behalf of everyone who qualifies.

What are some common causes of wrongful death?

Wrongful death is often caused by negligence, intentional wrongdoing, or breach of duty, like car accidents, workplace accidents, motorcycle accidents, medical malpractice, and criminal acts.

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Don’t wait to get in touch with a personal injury lawyer in San Antonio when you are injured by the negligence of someone else.

Call the Marco Bass Law Firm today at 210-600-0000 to schedule your free consultation with a personal injury attorney.

San Antonio, TX

1313 Guadalupe St Suite 204
San Antonio, TX 78207

Phone:210-600-0000

Eagle Pass, TX

1934 Del Rio Blvd
Eagle Pass, TX 78852

Phone:830-600-0000