Losing a loved one unexpectedly is one of life’s most devastating experiences. When that loss occurs due to someone else’s negligence or wrongful actions, a San Antonio wrongful death lawyer can help you seek justice and financial recovery.
At Omega Law Group Accident & Injury Attorneys, we believe in putting our clients first, always! Our team of compassionate San Antonio personal injury lawyers understands the financial hardship your family faces after a tragic loss.
Contact our law offices to learn your legal options, or continue reading to learn how a wrongful death claim could help your family.
Understanding Wrongful Death Claims
Under Texas law, a wrongful death claim arises when a person dies due to another party’s wrongful act, neglect, carelessness, unskillfulness, or default. These cases function similarly to personal injury claims, except the injured person can no longer file the lawsuit themselves.
Wrongful death claims in Texas must be filed within two years of the date of death in most circumstances. This legal deadline, known as the statute of limitations, emphasizes the importance of consulting with an attorney promptly, even during a time of grief.
The purpose of these claims is twofold: to compensate family members for their losses and to hold responsible parties accountable for their actions. While no amount of money can replace your loved one, financial recovery can help secure your family’s future and prevent similar tragedies from happening to others.
Who Can File a Wrongful Death Claim in Texas
Texas law specifically defines who has the legal right to bring a wrongful death claim. This limitation exists to ensure that those most affected by the loss have the opportunity to seek compensation. Eligible parties include:
- Surviving spouses who were legally married to the deceased person at the time of death, including same-sex spouses
- Biological and legally adopted children of the deceased, including adult children
- Parents of the deceased, including biological and adoptive parents
- The legal representative of the deceased person’s estate, but only if the above family members don’t file within three months of the death
Texas law does not permit siblings, grandparents, or other relatives to file wrongful death claims, regardless of how close their relationship was with the deceased.
The compensation awarded in a successful claim is distributed among qualifying family members in proportion to the injury they suffered from the death, as determined by the court. This distribution is not automatically equal and depends on factors such as financial dependency and the nature of the relationship with the deceased.
Has someone else's negligence caused the death of a loved one?
Our wrongful death lawyers in San Antonio are here to help.
(310) 526-8383
Common Causes of Wrongful Death in San Antonio
Wrongful death cases in San Antonio result from various incidents, many of which could have been prevented with proper care and attention.
- Vehicle accidents represent a leading cause of wrongful death claims, including car crashes, truck accidents, motorcycle collisions, and pedestrian fatalities. San Antonio’s busy highways and growing traffic congestion contribute to these tragic incidents.
- Medical malpractice also accounts for many wrongful death cases. These may include surgical errors, misdiagnosis, medication mistakes, birth injuries, or failure to provide appropriate treatment. Proving these cases requires specialized knowledge of both medicine and law.
- Workplace accidents, particularly in construction, manufacturing, and oil field operations, claim lives across Texas each year. When employers fail to maintain safe working conditions or provide proper training and equipment, they may be held liable for resulting deaths.
- Defective products, including vehicles, medications, medical devices, and consumer goods, sometimes cause fatal injuries. In these cases, manufacturers, distributors, and retailers may all bear responsibility for the tragedy.
- Acts of violence resulting from inadequate security measures can also lead to wrongful death claims against property owners who failed to provide reasonable safety precautions.
Types of Compensation Available in Wrongful Death Cases
Economic damages represent the measurable financial losses resulting from your loved one’s death. These calculations are straightforward with proper documentation and expert analysis. They typically include lost earning capacity, lost inheritance, household services the deceased would have provided, and expenses directly related to the death.
To establish these amounts, a San Antonio wrongful death attorney may work with financial experts to project what the deceased would have earned and contributed to the family over their expected lifetime. These calculations take into account factors such as age, education, occupation, health, and career trajectory.
Non-economic damages address the emotional and relationship losses that don’t have a direct dollar value but still represent real harm to the family. These include loss of companionship, mental anguish, emotional pain, and loss of care, guidance, and nurturing the deceased would have provided.
Did your loved one pass due to negligence of someone else?
Our wrongful death lawyers in San Antonio are here to help.
(310) 526-8383
The Wrongful Death Claim Process
Pursuing a wrongful death claim involves several steps, each requiring careful handling to protect your rights and maximize potential compensation. The typical path our San Antonio wrongful death attorneys will take includes:
- A thorough investigation to gather evidence supporting your claim, including police reports, medical records, witness statements, and expert opinions about how the death occurred and who bears responsibility
- Filing necessary legal documents within the statute of limitations, formally stating your claim against the responsible parties and the compensation you seek
- Settlement negotiations with insurance companies and defense attorneys, which often require skilled advocacy to counter lowball offers and delaying tactics
- Court proceedings if a fair settlement can’t be reached, including discovery, depositions, motions, and potentially a trial before a judge or jury
- Distribution of compensation among eligible family members, either according to an agreement reached among family members or as determined by the court
Did your loved one suffer a
wrongful death?
(310) 526-8383
How a San Antonio Wrongful Death Attorney Can Help
Working with compassionate legal counsel allows you to focus on your family while professionals handle the legal aspects of your case. An experienced attorney provides the objectivity and knowledge needed to make sound decisions about your claim.
Our attorneys at Omega Law Group have won millions of dollars for grieving families across Texas. We handle all aspects of your claim, from investigating the circumstances of your loved one’s death to negotiating with insurance companies and representing you in court if necessary.
We provide clear communication throughout the process, explaining your options in straightforward terms and keeping you informed about developments in your case. During settlement negotiations, we advocate fiercely for your interests, refusing to accept inadequate offers.
Contact Our San Antonio Wrongful Death Lawyers Today
We understand that no legal action can bring back your loved one or fully heal your loss. However, holding responsible parties accountable can provide a measure of justice and financial security for your future.
We offer free, confidential consultations to discuss your situation and explain your legal options. Our contingency fee structure means you pay no legal fees unless we secure compensation for your family.
Don’t carry this burden alone. Contact Omega Law Group today to speak with a dedicated wrongful death attorney in San Antonio who will treat your case with the care, respect, and attention it deserves.
