Wrongful death is one of the most challenging areas of personal injury law. These cases involve families, parents, and children losing those they hold dear. Few things are more difficult than knowing that your loved one’s passing was caused by another party’s actions.
D. Miller & Associates, PLLC® advocates for grieving families and their loved ones. If you’re interested in pursuing funeral expenses, end-of-life care costs, and other damages, we can help. A wrongful death lawyer serving San Antonio from our team can manage your case and everything it requires.
We Advocate for Wrongful Death Claimants in These Situations
Our personal injury lawyers have supported clients as they’ve navigated a variety of wrongful death cases, including those involving:
- Motor vehicle accidents, including motorcycle accidents, semi trucksemi-truck accidents, and pedestrian accidents
- Defective drugs or medical devices
- Slip and fall accidents
- Rideshare accidents
- Medical malpractice
- On-the-job accidents
- Premises liability incidents
Remember, the accident that caused your loved one’s passing isn’t necessarily the most important part of your case. Texas law defines “wrongful death” cases as those involving another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” So, you can seek damages even if you don’t see your situation listed above.
If you’re unsure about your legal options, our attorneys serving San Antonio can help. We can evaluate your case and explain your next steps.
Your Lawyer Can Pursue These Wrongful Death-Related Damages
Each wrongful death case comes with its own set of recoverable damages. These damages, which account for both the financial and emotional toll of losing a loved one, can offset certain expenses.
Recoverable losses in your case may comprise:
- Funeral and burial expenses
- Medical expenses incurred before your loved one’s passing
- Therapy and counseling expenses
- Mental anguish
- Reduced familial earning capacity
These damages can be supplemented by your own losses, if the accident that took the life of your loved one injured you, as well.
Who Can Pursue Damages in a San Antonio Wrongful Death Case?
Texas law mandates who can pursue financial recovery on behalf of a decedent. These parties include:
- The deceased person’s parents
- Their children
- Their spouse
- The executor of the decedent’s will (if no family member takes action within 90 days of the death)
Only one person needs to file a claim. They do so for the benefit of themselves and other parties. Your lawyer serving San Antonio can explain more during your case evaluation.
How Much Is an Average Wrongful Death Settlement?
There’s technically no “average” wrongful death settlement. These cases are highly fluid, meaning their outcome is contingent on several factors, including:
- The outcome of a lawsuit or insurance negotiations
- The evidence available
- The type and severity of the damages sustained
You can trust that our team will advocate for everything you’re owed.
You Generally Have Two Years to File a Wrongful Death Lawsuit
Texas law outlines how long you have to initiate legal action. You generally have two years from the date of your loved one’s passing to file your lawsuit. Here are some things to know about the statute of limitations:
- You must file your case within this period. Otherwise, you could lose the right to seek damages through the court system.
- Our legal team can manage your case’s filing deadlines.
- Some details could give you more time to act. Our team can evaluate your situation and determine whether the two-year timeframe applies to your situation.
During your free case evaluation, we can discuss the statute of limitations’ deadline. We can also answer other questions specific to your situation.
The Benefits of Working With Our Wrongful Death Lawyers Serving San Antonio
Our team is ready to support you by:
Handling Insurance Negotiations or Filing a Lawsuit
Insurance negotiations are a common part of the legal process. If your case involves an insured liable party, it’s likely that we’ll pursue damages through an insurance claim. Yet, this process is fraught with pitfalls.
Insurers oftentimes don’t want to issue settlements. To avoid paying for your losses, it may:
- Suggest that your loved one caused their passing
- Use recorded statements and other forms of evidence to reduce your losses
- Issue a quick but low-value settlement early on
Our team is cognizant of the tactics that insurers employ in wrongful death cases. We can handle insurance negotiations on your behalf and protect you from bad faith practices. If insurance negotiations don’t apply to your case, we’re prepared to file a wrongful death lawsuit on your behalf.
Using Evidence to Support Your Case
We will use evidence to prove fault and liability for your losses. These items may include:
- Photos and videos of the fatal accident
- Medical records and invoices
- Witness interviews
- Expert statements
- Eyewitness testimony
Evidence is the foundation of every successful case.
Proving Negligence
Evidence can prove more than fault and liability. It can also prove that negligence resulted in your loved one’s passing. Per the American Bar Association, proving negligence involves showing:
- The at-fault party owed your loved one a duty of care.
- They failed to uphold this duty of care.
- The at-fault party caused your loved one’s passing.
- You have various damages resulting from your loved one’s passing.
Advocating for You and Your Family
We understand what you’re going through. The challenge of losing a loved one can feel insurmountable. For this reason, we tailor our services to be as compassionate and personal as possible. This means that:
- We can evaluate your case for free.
- We offer insight into your situation.
- We’re easy to reach via your preferred method of communication.
- We can update you on the status of your case.
- We can schedule doctor’s appointments for you, regardless of your insurance status.
We’re here to make the legal process as simple as possible.
Whenever You’re Ready, Our Wrongful Death Lawyers Are Here
Our wrongful death lawyers serving San Antonio are ready to start your case now. We believe, in the aftermath of losing a loved one, you shouldn’t have to manage the legal process on your own. Let D. Miller & Associates, PLLC® advocate for you. Call today to begin your free case evaluation.
