One of the most disheartening events that can happen in life is the untimely death of a family member. Such an event is particularly devastating when your family member died because of the negligence of another party. You do not have to face this challenging time alone. A San Antonio wrongful death lawyer from The Doan Law Firm stands ready to assist you at this terrible moment in your life.
In reality, there is absolutely nothing that can compensate you for the loss of a family member because of someone else’s negligence. The best that can be done is to try to restore a sense of justice in your life, which includes at least financial compensation.
Who Can File a Wrongful Death Lawsuit in Texas?
A San Antonio wrongful death lawyer can assist you in maneuvering through the complicated laws associated with filing a wrongful death lawsuit. Texas law places limitations on which family members can pursue a wrongful death lawsuit.
In Texas, these family members can file a wrongful death lawsuit:
spouse
parent
child
All of these individuals have the legal right to file a wrongful death lawsuit. There is no priority of one of these family members over another when it comes to taking legal action of this nature.
Texas differs from most other states in that siblings cannot file a wrongful death lawsuit. Adult children can file a wrongful death lawsuit in the Lone Star State. If no family member elects to file a wrongful death lawsuit, the executor or personal representative of the deceased family member’s estate can do so. With that said, if a family member who has legal authority to file such a lawsuit requests that none be filed by the estate executor or personal representative, no such legal proceeding can be initiated.
Timeframe for Pursuing a Wrongful Death Case
There are two primary deadlines to bear in mind when it comes to Texas wrongful death lawsuit. A San Antonia wrongful death lawyer from The Doan Law Firm at (210) 904-0000 can explain in greater detail how the deadlines apply.
The first deadline to bear in mind is when a claim with an insurance company must be filed. A family member with legal authority to bring a wrongful death case must file an insurance claim within three months of a family member’s death. If no family member takes this action, and no family member objects to the estate of the deceased family member doing so, the executor or personal representative can file a claim after the three-month mark.
The family members with legal authority to pursue a wrongful death claim or lawsuit can do so as a group. In the alternative, any family member with the legal authority to pursue this type of case can do so individually.
Compensation for a Texas Wrongful Death Accident
The compensation potentially available in a Texas wrongful death lawsuit depends largely on the facts and circumstances of the case together with the relationship between you and your beloved family member.
As a general practice, the types of compensation sought by a San Antonia wrongful death lawyer includes:
mental and emotional anguish, pain, and suffering
lost love, companionship, consortium, and society
lost care, maintenance, and support
lost inheritance
lost income
final medical expenses
funeral and burial expenses
Depending on the circumstances surrounding the incident that resulted in a family member’s death, your San Antonio wrongful death lawyer may pursue punitive damages in a lawsuit. Punitive damages are awarded in wrongful death cases when the conduct of the party who caused the death of a loved one was particularly reckless or egregious.
The Doan Law Firm and Fees in Your Case
You have enough on your mind without worrying about how to gather together money to hire an attorney. The Doan Law Firm does not charge a fee in wrongful death case unless and until we obtain a settlement or judgment for you.
Retain San Antonio Wrongful Death Lawyer at The Doan Law Firm
A San Antonio wrongful death lawyer is available immediately to meet with you to discuss your case. You can telephone our firm anytime, day or night, at (210) 904-0000. Our hotline is staffed 365 days a year, including on all major holidays.
A San Antonio wrongful death attorney can schedule an initial consultation at your convenience. There is no charge for an initial appointment with a member of our legal team.