If a child, parent, or spouse has died because of negligence, you need an experienced San Antonio wrongful death attorney. An attorney will help you evaluate your legal options, which may include filing a wrongful death lawsuit.
If you have lost a loved due to the actions of another person, you may be entitled to compensation.
In Texas, certain surviving family members of those who have died due to the actions of another have a right to bring what is called a wrongful death claim.
A wrongful death action may allow you to recover damages to help you get through this difficult time.
If you have questions about how to pursue a wrongful death claim, a San Antonio wrongful death lawyer may be able to help. Contact the wrongful death attorneys at Grossman Law Offices today to see how we can help.
What Are Common Incidents That Result in Wrongful Deaths in San Antonio?
When a person dies due to the negligence or misconduct of another party, the deceased’s surviving family members may file a wrongful death lawsuit. A wrongful death action can arise in a number of different scenarios.
Some of the most common incidents that result in a wrongful death lawsuit in San Antonio include:
- Car accidents,
- Commercial trucking accidents,
- Motorcycle accidents,
- Workplace accidents,
- Defective product accidents,
- Dangerous premises accidents,
- Criminal assault, and
- Medical malpractice.
Regardless of where or when your loved one’s accident occurred, if they died due to the negligence or wrongful actions of another, you may have a claim for relief. Don’t wait—contact a San Antonio wrongful death lawyer today to discuss your case and see what options are available to you.
Nothing Will Bring Back My Loved One—What’s the Point of a Wrongful Death Lawsuit?
It is true that no amount of money will bring your loved one back to you. And we know and understand how difficult this time can be for you. Further, we know how futile it may seem to even think about taking any legal action.
However, a wrongful death action can actually be a great benefit to you and your recovery moving forward. Below are three positive aspects of bringing a wrongful death lawsuit.
A Wrongful Death Action Can Help Provide Justice and Closure
To begin, a wrongful death lawsuit can provide you with a sense of justice. When you bring a successful wrongful death claim, you have the opportunity to hold the responsible party accountable for their actions in causing the death of your loved one.
A successful wrongful death action can also provide a sense of closure for those that have lost their loved one. For many of our clients, this closure allows them to address their grief, so they can begin to move forward.
A Successful Wrongful Death Action Can Provide You with Financial Compensation
Additionally, a wrongful death lawsuit provides an opportunity to receive monetary compensation to help you through the loss of your loved one.
The unexpected death of a loved one will undoubtedly take both an emotional and financial toll on your own life.
But it is important to note that you may be able to receive compensation to help you recover from these losses that result from the death of your family member.
Examples of recoverable damages in a wrongful death action include:
- Lost income or benefits of the deceased;
- Lost earning capacity of the deceased;
- Loss of inheritance;
- Loss of companionship, love, and support of the deceased; and
- Your own emotional pain and suffering as a result of your loved one’s death.
So while it is true that nothing can bring back your loved one, the fact remains that you may benefit from bringing a wrongful death action. There are still things you can do to lessen the pain and loss you experience after their death.
A wrongful death action can be a great step forward to help you work through this extremely difficult time.
Are San Antonio Wrongful Death Lawyers Trying to Profit Off Death?
Absolutely not. The purpose of a wrongful death lawsuit is to help family members recover from one of the most difficult scenarios imaginable. This is our ultimate goal.
It is true that law firms are businesses. However, attorneys still have oaths that they take that they must stay true to.
At Grossman Law Offices, we care about more than just making a profit, and simply making a profit off of the death and pain of others is the furthest thing from our minds.
Instead, we take on wrongful death cases because we are passionate about helping people.
When we meet clients who are considering a wrongful death action, we know we are meeting them during one of the most difficult times in their lives.
We know you need more than an attorney who is only there to make a profit.
Rather, we know you need someone who will listen attentively, treat you with respect, and guide you toward a successful resolution of your wrongful death action. We pride ourselves on possessing precisely those traits.
So while some San Antonio wrongful death lawyers may be in this business solely to make a profit, you won’t find those lawyers at Grossman Law Offices.
Our goal is to help you get the compensation you need and deserve. That way, you can get back to focusing on what matters most—recovering from this terrible loss.
What Evidence Is Most Crucial in a Wrongful Death Claim?
Most wrongful death claims are based on negligence. To win a negligence claim, you must be able to prove the following four elements:
- Causation, and
Let’s dive into these elements in a wrongful death claim in a little more detail below.
Element #1: Duty
The first element that you must prove is the existence of a legal “duty.” Essentially, you must be able to show that the other party owed your loved one a duty to use reasonable care to prevent harm under the specific circumstances involved in your case.
Element #2: Breach
The next element to prove is a breach of the duty of care. This means that you must be able to prove that the opposing party took actions that a reasonably prudent person would not have under the circumstances.
Examples of a breach of duty by another party in a wrongful death case might include:
- A person driving while under the influence of drugs or alcohol;
- A person speeding or failing to adhere to traffic signals;
- A doctor failing to take appropriate actions in a medical procedure;
- An employer failing to ensure that no hazardous work conditions exist; or
- A manufacturer failing to properly design or build a product.
Here, it is crucial to have evidence of a breach of some duty. If you cannot prove that the opposing party breached a duty, winning your case may be difficult.
Sometimes, proving that a breach exists can be a challenge. However, a San Antonio wrongful death lawyer can help you determine whether a breach exists and help you gather evidence to prove it.
Element #3: Causation
Once you’ve established the existence of a duty and subsequent breach of that duty in your wrongful death case, you must then be able to prove causation. In short, you must be able to show that the other party’s breach is what caused the death of your loved one.
Often, this can be one of the most difficult elements to prove. Thus, it is important to have an experienced San Antonio wrongful death lawyer in your corner to help assess your case and prove causation.
Element #4: Damages
Lastly, you must be able to verify that damages exist. As discussed above, damages in a wrongful death case might include lost income or earning capacity, loss of inheritance or benefits, and loss of the companionship or support of your deceased loved one.
You can also seek damages for your own mental anguish and pain and suffering.
However, to win your case and get the compensation you need to recover from their loss, you will need to be able to provide evidence that these damages exist.
What Evidence Will I Need to Prove My Wrongful Death Case?
To prove all of the elements of your wrongful death case, you will need to have strong evidence supporting your claim. Each case is different, so types of evidence may vary.
Examples of evidence that may be useful in proving your wrongful death claim might include:
- Statements from any eyewitnesses to the accident that led to your loved one’s death;
- Personal testimony from any other parties involved;
- Official police reports;
- Photographs of the accident scene;
- Video surveillance footage of the accident;
- Testimony of experts indicating what may have caused your loved one’s death;
- Medical reports; and
- Bills, financial statements, and other information that might help prove the extent of your damages.
It can often feel overwhelming to discern what evidence might be helpful to your case and then move forward with collecting it. Let us take this burden off your shoulders.
Our team of qualified wrongful death attorneys can help you with this process, so you don’t have to. We have extensive experience handling wrongful death cases of all types, and we will do everything in our power to collect the crucial evidence you will need to help prove your case.
What Specific Family Members Are Able to Make a Wrongful Death Claim in San Antonio?
Under Texas Statutes section 71.004, an action to recover damages for a wrongful death “is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.”
This is an exhaustive list, which means that even others who were close to the victim, like siblings, grandparents, grandchildren, or close friends, may not bring a wrongful death action.
We understand that this may seem frustrating if you are not one of the family members that can benefit from bringing an action. However, it is important to understand whether you are legally entitled to bring a wrongful death claim in Texas before spending the time trying to do so.
Deaths Caused by Vehicle Accidents in San Antonio Annually
In an ideal world, we would never lose our loved ones due to the actions of someone else.
The unfortunate reality, however, is that this happens all too often.
Traffic accidents are one of the leading causes of wrongful death claims.
Below are some statistics regarding wrongful death accidents in San Antonio:
- In 2019, DUIs accounted for more than one-third of all accident-related deaths in San Antonio;
- 5% of accident deaths happened in a work zone;
- Nearly 10% of all fatal traffic accidents involved a motorcycle; and
- 22% of accidents resulting in death were caused by a distracted driver.
If your loved one has died in an auto accident in San Antonio due to the wrongful actions of another, contact Grossman Law Offices today.
Accidental Fatality Statistics in San Antonio, Texas
I Don’t Know Who’s at Fault for My Loved One’s Death—Can a Wrongful Death Lawyer Help Investigate?
Yes! In fact, that is one of the best ways in which a wrongful death attorney in San Antonio can help you with your case.
Having an experienced San Antonio wrongful death lawyer can be a great asset to your case. A law firm that handles wrongful death cases on a regular basis will have the experience and resources necessary to fully investigate your case and know how best to move forward.
Does It Matter If the Wrongful Death Attorney I Hire Doesn’t Have an Office in San Antonio?
Not at all. Especially in today’s society, where more and more things can be handled remotely, we are able to help clients no matter their physical location.
As attorneys, we are licensed to practice law anywhere in the entire state. At Grossman Law Offices, we have worked on cases for clients in cities throughout Texas.
Regardless of where you are located, we want to help you. In fact, we are equipped to handle all aspects of a case remotely. So if you are looking for a wrongful death lawyer in San Antonio, don’t hesitate to contact our team today.
Will I Have to Hire Grossman Law Wrongful Death Attorneys If I Get a Free Consultation?
No! The free consultation is a way to help you assess the strength of your case and see how you may be able to move forward.
Of course, we would be proud to help you take those next steps. However, you are under no obligation to move forward with us if you don’t feel that is what is best for you.
So contact us today for your free consultation—no strings attached. We’d be happy to discuss your case with you, so you can better decide how you want to proceed.
What Information Do I Need for a Consult with a San Antonio Wrongful Death Lawyer?
Nobody will know the facts of your particular case better than you, so come prepared with as much factual information as you can. The more information you have, the better your San Antonio wrongful death lawyer will be able to assess your case.
If you are ready to move forward with your claim, contact the team at Grossman Law Offices today. We know how difficult this time must be for you, but we are standing by and ready to help in any way we can.