Wrongful Death Lawyers in San Antonio
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Wrongful death cases can involve almost any type of accident where someone else's negligence caused the death of another person. They can include auto accidents, drug and medical device recalls, on-the-job accidents, medical malpractice, and many others.
If you've lost a loved one due to negligence, the San Antonio wrongful death lawyers at Zinda Law Group are here to help. Our experienced lawyers can handle the legal process and seek compensation on your behalf while you focus on family and healing.
Call Zinda Law Group today at (800) 863-5312 for a free consultation with an experienced and trusted wrongful death lawyer in San Antonio.
Accident Victims Have a Right to be Heard
Victims of accidents like this have a right to be heard in court. The families of the deceased may also be able to obtain financial compensation for their loss. If you have lost a loved one because of someone else’s negligence, then you can take legal action against the guilty party. You could be entitled to compensation for funeral expenses, medical bills, loss of companionship, loss of income, and more.
Accidents happen every day across America. You can be injured at work, on the roadways, or just about anywhere. But when an accident like this takes the life of a loved one, it’s important to find out who was to blame and hold that person legally responsible. Our attorneys can help you establish negligence and get the justice and compensation your family deserves.
Dealing with Loss
There are many stages of grief when someone loses a family member. Initially, you may be stunned by the accident and wonder why it happened to your family. Next, you may feel anger toward the person who caused the accident. Often, accident victims and their families suffer with depression and experience ongoing stress.
At some point, you may realize that the guilty party should pay for the damages, medical bills, and other losses your family has experienced. But many times, the guilty party will try to avoid taking blame for the accident that took the life of your loved one, and this is when you need help from a qualified San Antonio wrongful death attorney.
Hold the Guilty Party Responsible
If your family has lost someone dear due to the negligence of another person or entity, then you can file a wrongful death lawsuit. This is often the most effective way to get justice for reckless or careless behavior and prevent an accident from happening again.
In forcing the guilty party to take responsibility, you remind them and everyone that there is a penalty for careless behavior. Hire a trusted San Antonio wrongful death attorney with the resources and experience to do a thorough investigation and put together a strong case for you.
Wrongful Death Defined
Wrongful death claims are brought about when a victim is killed as a result of the negligence, recklessness, or carelessness of a responsible party. A wrongful death suit differs from a regular personal injury claim because in a regular personal injury claim, an injured party brings suit against the person who hurt them. The circumstances are a lot different in wrongful death claims because the victim is deceased. Thus, the victim cannot sue on behalf of himself or herself. Typically a close family member of the deceased's estate will be responsible for bringing the claim.
Common Wrongful Death Cases
There are many different scenarios that can ultimately result in the accidental death of another person. The following list contains some of the common types of situations that lead to a wrongful death claim:
A common way in which people are accidentally killed is by motor vehicle collisions. According to the Texas Department of Transportation's most recent fatal crash data, there was not a single deathless day on Texas roadways in 2017. Death as the result of a motor vehicle collision can be the fault of one driver or multiple drivers. Car collisions typically happen because someone is driving while distracted, someone is failing to abide by roadway rules (i.e. speeding), or someone is driving while under the influence.
Similar to other car collisions, truck accidents occur for similar reasons of distracted driving, driving under the influence, and a lack of attentiveness to the rules of the road. When someone is killed as the result of a truck collision, the truck driver or the trucking company may be to blame. If the driver themselves was negligent for some reason such as speeding or failing to yield, then they are at fault. However, if the company who owns the truck negligently hired this particular driver or failed to follow government mandated procedures for commercial trucks, they may be held responsible.
Every single job holds the potential for dangerous accidents to happen that can ultimately lead to the accidental death of an employee. You may have a wrongful death claim against a loved one’s employer if the employer created a dangerous situation for your loved one that either directly or indirectly led to their death. This could be anything from hazardous work condition to having an office employee get in a car crash after fatiguing them from working too long of hours
Medical negligence is otherwise known as medical malpractice and it happens when a medical professional breaches their duty to perform their job according to proper protocol and procedure. Wrongful deaths as the result of medical malpractice often occur as the result of surgical errors, failure to properly diagnosis an illness, and failure to diagnose the presence of an illness at all.
Another common way in which people are accidentally killed is by negligently made products. This can occur with anything from a child's toy to faulty medicine. If a loved one has been killed as the result of a defectively manufactured product, the manufacturer themselves will likely be liable unless there was any evidence of user error on the part of your loved one.
Property owners have a legal responsibility to keep their properties free of unnecessary danger. When a property owner fails to do this or fails to warn of hazards and someone accidentally dies as a result, the property owner may be liable in a wrongful death suit.
What to do after an Accidental Death
1.) Seek any necessary help for your emotional health
Getting help is always the first step you should take after an accident. Sometimes this involves medical attention for injuries and sometime it involves emotional care when grieving the accidental death of a loved one. Your healthy is always the most crucial component of being able to fight for justice for your loved one.
2.) Document the scene and save any evidence
If you are able, try to document the scene of your loved ones death as close to the date of the incident as possible. Moreover, save any statements, paperwork, or other information that could be relevant.
3.) Speak with an attorney
Don’t allow yourself to suffer through this process alone. Speaking with an attorney can help you navigate the complexities of the legal process and reduce the burden of fighting alone.
Elements of a wrongful Death Claim
In a wrongful death claim, the person that is bringing suit is acting as a proxy of sorts in place of the deceased individual. Thus, being able to prove a wrongful death claim requires that the person bringing suit can prove the same elements of the responsible party’s negligence, recklessness, or carelessness that the deceased would have to prove if they were alive and filing a traditional personal injury claim.
To use negligence as an example, you need to show that the party you would like to be held responsible for your loved ones death owed your loved one a duty of care. Once you can establish they owed a duty, you must show that they breached that duty, and that the breach resulted in the death of another person.
Determining who is at Fault
Sometimes determining fault is simple and sometimes it isn’t. In general, the person who should be held responsible is the party who acted with recklessness, negligence, or carelessness. Depending on the circumstances, the blame may be placed upon a single person or even multiple people.
It is of significance to note that Texas is a comparative negligence state. This means that in order to seek recovery you must be able to show that the party you believe to be responsible was more than 50% to blame for the outcome of the accident. If alternatively the deceased was over 50% responsible for the events causing their death, you will not be able to seek recovery on their behalf.
How to File a Wrongful Death Claim
1.) Speak with a wrongful death lawyer
Once you decide you would like to file a wrongful death claim, it is advisable that you speak with and hire an attorney. This is the best way to ensure you do not get taken advantage of. Thankfully, our attorney’s at Zinda Law Group work on a contingency fee basis. That means that if we don’t win, you don’t pay.
2.) Launch an investigation
After securing representation, it is crucial to take a deep-dive into what happened. Investigations typically involve speaking to the individuals involved, reviewing relevant documents, and analyzing the specific details of the incident that led to the accidental death of the individual involved.
Before ever thinking about handling this case in a courtroom, your attorney will likely advise that you try to settle your wrongful death claim amongst the insurance companies. Typically they will extend to you an offer of settlement if they accept liability on behalf of their policyholder. You can choose to accept that settlement or decline it. If you decline settlement, you have the option to pursue further legal action by going to trial.
Wrongful Death Settlement
In most cases, the settlement offer you receive for a wrongful death claim will include economic damages and non-economic damages. In a wrongful death claim, economic damages reimburse the effected party for medical costs of the deceased, funeral expenses, and other things such as loss of income. Other damages known as non-economic damages attempt to compensate you for the loss of a loved ones companionship and the amount of pain and suffering endured by you and your loved one as the result of this accident.
Legal Time Limits
All legal claims have a legally permissible time limit on them in which you are allowed to file a claim. Wrongful death claims, and the time limits on them, are often handled with a bit more leniency than other personal injury claims depending on the circumstances. The time limit on a wrongful death suit begins to run when the death of the individual is or should have been discovered.
In Texas, you are allowed to file a wrongful death claim within two years of discovering the death of a loved one or within two years from the date you should have discovered their death if you were exercising due diligence.
Child Wrongful Death
Losing a child as the result of someone else's negligent, reckless, or careless actions is a difficult burden to bear. While money will never be able to take the place of a child's life, the accidental death of a child may result in eligibility for legal compensation. In the event a child has accidentally died and you want to file a wrongful death claim, you may receive the same types of damages you would receive in an adult wrongful death action. This includes compensation for the funeral, medical bills, pain and suffering, and the loss of love and companionship.
A close family member usually file wrongful death claims on behalf of a child.
Get Help from Experienced San Antonio Wrongful Death Lawyers
At Zinda Law Group, our wrongful death attorneys can advise you on your best course of action and answer any questions you may have. Get all the facts regarding your case before making a decision that could affect your family’s financial future by speaking with one of our wrongful death lawyers.
We can help you and your family pursue justice and the maximum compensation you deserve. Our firm also works on a contingency fee basis, which means you pay nothing unless we win your case.
Call Zinda Law Group today at (800) 863-5312 to receive your free consultation with a San Antonio wrongful death lawyer.
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