San Antonio Wrongful Death Attorneys Here to Help

When faced with the devastating loss of a loved one due to someone else’s negligence, finding the right legal support is important. At Cesar Ornelas Injury Law, we understand the emotional and financial burdens wrongful death can bring. Our dedicated team has a proven track record of securing substantial settlements. We offer compassionate support and professional legal services tailored to each case, ensuring that your family’s rights are protected and justice is served. Don’t wait—contact Cesar Ornelas Injury Law today at 210-957-2103 for a free consultation and let us help you seek the compensation you deserve.

Understanding Wrongful Death Claims in San Antonio

When a family member’s death results from another person’s negligence, it can be overwhelming to handle the legal process. A wrongful death attorney can play an important role in such cases, preserving evidence, meeting legal deadlines, and identifying liable parties to guide the family through the tumultuous journey. Families often seek the help of a wrongful death lawyer in San Antonio to recover compensation and get the necessary answers about their loved one’s untimely death. The emotional and financial burdens left by a wrongful death make it imperative to understand wrongful death claims and pursue justice.

Promptly contacting a wrongful death attorney is critical. Delaying the investigation into a loved one’s death can risk the compensation you deserve. An experienced wrongful death attorney from Cesar Ornelas Injury Law can help ensure that the legal rights of the family are protected and that justice is sought without unnecessary delays.

The Definition of Wrongful Death

In Texas, wrongful death is legally defined as the passing of an individual due to another’s wrongful act, negligence, unskillfulness, or failure to act. This definition encompasses a wide range of scenarios, including medical malpractice, fatal car accidents, and defective products. Under Chapter 71 of the Texas Civil Practice and Remedies Code, families are permitted to seek compensation for the damages resulting from a loved one’s wrongful death.

Wrongful death claims can arise from various incidents, such as:

• Product liability cases involving defective or dangerously designed products like vehicles and household items
• Medical malpractice cases where a healthcare professional’s negligence leads to the death of a patient
• Accidents caused by the negligence or recklessness of another person, such as car accidents or workplace accidents

Essentially, if the deceased would have been able to file a personal injury claim had they survived, their family or estate can pursue a wrongful death lawsuit on their behalf.

Identifying Negligence in Wrongful Death Cases

Identifying negligence is a cornerstone of any wrongful death case. Negligence, in this context, refers to the failure to exercise the care that a reasonable person would under similar circumstances. Wrongful death claims can be filed even in cases of homicide and manslaughter, such as deaths resulting from drunk driving or aggravated assaults, regardless of criminal convictions.

Determining fault through negligence is essential for ensuring that surviving family members receive the compensation they deserve. It helps bring closure and justice to the family who has suffered a great loss. A wrongful death attorney from Cesar Ornelas Injury Law can meticulously investigate the incident, gather evidence, and build a strong case to hold the negligent parties accountable.

Types of Fatal Accidents Leading to Wrongful Death Claims

Various types of fatal accidents can lead to wrongful death claims in San Antonio. These incidents include:

• Negligence-related events
• Medical malpractice
• Intentional acts like crimes
• Accidents involving vehicles, workplaces, and recreational activities

Vehicle collisions, particularly motorcycle accidents, are a leading cause of accidental death. The high risk associated with motorcycle riding often results in more severe and fatal injuries compared to car accidents.

Workplace accidents are another significant cause of wrongful deaths, especially in high-risk industries such as construction and oilfields. These fatalities often result from safety oversights and inadequate equipment. Medical malpractice also frequently leads to wrongful death claims, with errors in diagnosis, surgery, or prescription handling often having fatal outcomes.

Other causes include falls from heights or within nursing homes, which fall under premises liability, and recreational sports activities that can lead to fatal injuries. Each of these tragic events highlights the importance of holding negligent parties accountable and seeking justice for the deceased and their families.

Steps to Take After Losing a Loved One in a Fatal Accident

After the heart-wrenching loss of a loved one in a fatal accident, it’s crucial to take specific steps to protect your rights and seek justice.

1. Contact a wrongful death attorney: It is essential to seek legal guidance to ensure fair compensation and protection against opposing parties, especially in the case of major accidents or severe injuries.
2. Gather necessary documents: Collect all relevant documents such as medical records, accident reports, and any correspondence related to the incident.
3. Preserve evidence: Secure any physical evidence related to the accident, including photographs, witness statements, and any items involved in the incident.
4. Establish facts: Work with your attorney to establish the facts of the case, including identifying liable parties and understanding the full scope of the incident.
5. File a claim promptly: Ensure that all legal deadlines are met by filing your wrongful death claim as soon as possible to avoid jeopardizing your case.
6. Seek emotional support: Coping with the loss of a loved one is challenging; consider seeking support from friends, family, or professional counselors to help navigate this difficult time.

Taking these steps is vital to building a strong case and ensuring that your family receives the compensation needed to cover medical bills, funeral expenses, and other financial burdens.

Contacting a wrongful death attorney is essential for fair compensation and protection against opposing parties. This is especially true in the case of major accidents or severe injuries.

An experienced wrongful death lawyer can:

• Guide you through the legal process
• Help you gather the necessary documents
• Preserve evidence
• Establish facts

Legal Representation for Wrongful Death in San Antonio

Legal representation plays a pivotal role in wrongful death cases. Cesar Ornelas Injury Law offers:

• Compassionate support
• Professional legal services
• Tailored legal strategies
• Sensitive and personalized representation

during the challenging period following the death of a loved one.

Focusing on personal injury cases, including wrongful death, we dedicate our full resources and individualized attention to seeking justice for each case and handling personal injury claims.

Building Your Case

When contacted about a wrongful death claim, Cesar Ornelas Injury Law begins with a stringent investigation and securement of evidence. Key evidence collected includes:

• Medical records
• Photographs of the incident
• Statements from witnesses
• Documentation of financial losses suffered by the family

Our firm leverages its knowledge to deeply investigate every aspect of the claim to recover each penny it’s worth, ensuring a comprehensive valuation.

Our legal strategy involves demonstrating that the responsible party did not use the necessary care, directly leading to the incident and the resulting wrongful death. This meticulous approach helps build a strong case to hold the negligent party accountable.

Negotiating Fair Settlements

Negotiating fair settlements is a critical aspect of wrongful death cases. Cesar Ornelas Injury Law advises clients on case strategies, including court hearings and settlements. Our dedication to preventing insurance companies from undervaluing compensation ensures that clients receive what they rightfully deserve.

A San Antonio wrongful death attorney from our firm aids families in ensuring the pursuit of fair compensation throughout the settlement process, providing peace of mind during a difficult time.

Potential Damages in a Wrongful Death Lawsuit

In a wrongful death lawsuit, various types of damages can be awarded to the surviving family members. These include both economic and non-economic damages. Economic damages cover tangible losses such as lost income, medical costs, and funeral expenses. They also include lost wages, medical expenses incurred before death, and costs related to property damage.

Non-economic damages, on the other hand, encompass the intangible losses experienced by the family. These can include compensation for loss of support, companionship, and emotional pain and suffering. Cesar Ornelas Injury Law advises clients on the full value of their claims and diligently works to secure appropriate compensation to minimize financial burdens after a loss.

Economic Damages Explained

Economic damages in wrongful death cases can be extensive. Cesar Ornelas Injury Law works with accounting professionals to determine the appropriate amounts of compensation for these losses. Our negotiation strategies aim for comprehensive compensation, including medical bills and future treatments when relevant.

We seek compensation for lost earning capacity in cases where a wrongful death leads to a long-term or permanent loss of income. Families may also be reimbursed for out-of-pocket expenses directly related to the injury or death, like travel costs to medical appointments.

Non-Economic Damages: The Value of Loss

Non-economic damages cover the emotional and relational impact on surviving family members. In Texas, these damages include:

• Physical pain and suffering
• Emotional pain or anguish
• Loss of consortium
• Disfigurement
• Physical impairment

The loss of companionship and society refers to the emotional and relational impact experienced by surviving family members, denoting the absence of love, care, comfort, and moral support following the death of a loved one.

These intangible losses are significant and deserve adequate compensation to help families cope with their grief and loss.

Who Is Eligible to File a Wrongful Death Suit?

In Texas, the following individuals are eligible to file a wrongful death lawsuit:

• Surviving spouse
• Children
• Parents
• Adopted children (for an adoptive parent)
• Representatives of the deceased person’s estate

However, siblings or grandparents of the deceased are not permitted to file wrongful death claims in Texas.

Texas law provides unique exceptions to the statute of limitations for minors or mentally or physically incapacitated individuals who lose a family member. This ensures that those who might need more time to file a claim are adequately protected under the law.

The Importance of Acting Timely: Statute of Limitations

Acting timely is crucial when filing a wrongful death claim due to the statute of limitations. In Texas, the statute of limitations is two years from the date of the deceased person’s death. If eligible family members do not take action within three months of the death, the executor of the estate has the authority to file a wrongful death claim on behalf of the deceased. It is important for family members to be aware of this time limit and to act accordingly.

Failing to file within the statutory deadline can result in being unable to seek justice or compensation for the loss. Promptly gathering necessary documents and establishing facts is essential, as delays can decrease the likelihood of constructing a formidable case.

Why Choose Cesar Ornelas Injury Law for Your Wrongful Death Claim

Choosing the right law firm is critical in wrongful death cases. Cesar Ornelas Injury Law is known for our focus on personal attention, making sure each client feels supported and understood during their pursuit of justice for their lost loved ones. Our commitment to clear communication ensures that clients are kept informed and understand every aspect of their case without using complex legal terminology.

Our dedicated team is experienced in handling cases related to:

• Personal Injury
• Auto Accidents
• Commercial Vehicles
• Motorcycle Accidents
• Wrongful Death
• Workplace Injuries
• Trucking Accidents
• Spinal Injuries
• Aviation Accidents
• Brain Injuries
• Oil Field Accidents
• Oil Rig Accidents
• Oil Refinery Accidents
• Catastrophic Injuries
• Premises Liability
• Product Liability

If you have lost a loved one due to someone else’s negligence, don’t face this challenging time alone. Reach out to Cesar Ornelas Injury Law for compassionate and professional legal support. Our dedicated team is here to help you seek the justice and compensation you deserve. Call us today at 210-957-2103 for a free consultation. Let us stand by your side and fight for your family’s rights.

Frequently Asked Questions

What is Wrongful Death?

Wrongful death can take many forms. It can include car and motorcycle accidents. It could be someone showing reckless indifference to the safety and health of your loved one. You have too much to deal with alone. Your grief and losses like funeral expenses should be compensated by those guilty.

What Types Of Wrongful Death Claims Are There?

• Wrongful Death – Claim made by the heirs of the deceased due to the death of their loved one
• Survival Claim – Claim made by the estate of the deceased due to their death
• Bystander Claim – File wrongful death claims made by family members who experience trauma due to witnessing the death of a loved one

How Do I Know If A Death Was Wrongful?

By talking to an experienced wrongful death attorney you will be able to find out what your path to justice is as well as negligence and what legal remedies you have available. Sometimes filing a wrongful death lawsuit is the right path, sometimes it’s a matter of having an attorney at Cesar Ornelas Injury Law talk to the other party in order to get justice. We take your wrongful death case to a positive resolution.

What Potential Damages Are There For Wrongful Death?

• Lost Income – Income that your loved one should have earned before they passed away
• Lost Future Earnings – Replacement for earnings that your loved one should have earned in the future
• Lost Inheritance – Assets that would have been in inheritance if the deceased had not died prematurely
• Lost Companionship and Parental Guidance – The cost of the loss of the emotional support that a loved one or parent would give
• Medical Costs – Direct medical costs associated with the passing of the deceased
• Funeral Costs – Costs associated with burial
• Pain and Suffering – Costs associated with aiding the recovery for the general pain and suffering placed on loved ones of the deceased
• Punitive Damages – Damages that can’t easily be calculated and are meant to punish the person or company that caused the death

It should be noted that punitive damages, referred to in the Texas Civil Practice and Remedies Code as exemplary damages, are quite rare. Such damages are only awarded in cases of particularly gross negligence and are often awarded specifically to punish people for their conduct and hopefully deter others from engaging in similar conduct.