Wrongful Death Lawyer in San Antonio TX
We all know that we and our loved ones are going to die someday, but sometimes, people are taken from us untimely. A car accident may have caused your sibling’s death. A slip and fall or dog attack may have happened on a neighbor’s property, causing your parent to die. Perhaps a loved one was killed due to a birth injury or other type of medical malpractice.
This is called wrongful death, and it occurs when a person is killed due to someone else’s negligent or intentional actions. Wrongful death can happen in a number of ways, including motor vehicle accidents, medical malpractice, nursing home abuse and neglect, premises liability cases (slips and falls, dog bites), defective products, workplace accidents, and construction accidents. Even intentional actions such as crimes (murders) can be a cause for a wrongful death lawsuit.
If all the elements are in place, then certain family members can file a lawsuit and hold the negligent party accountable for the person’s death.
Wrongful death is a highly emotional situation that no family should have to go through. If you have been affected, seek legal help right away. At the Law Office of Raul A. Guajardo, PLLC, we have two goals in a wrongful death claim:
- Help loved ones recover compensation for the damages they suffered
- Force the negligent party to change their ways and prevent future injuries and death from occurring
What the Law Says
Under Texas Law, Civil Practice and Remedies Code, Sec. 71.002, a person is liable for damages arising from an injury that causes someone else’s death if the injury was caused by the person's wrongful act, neglect, carelessness, or unskillfulness. So even if the person did not deliberately cause the death or intend to do so, they can still be held liable at a civil level. If they broke a law that led to a person’s death, then they can be held both civilly and criminally liable.
To file a lawsuit, there must be all four of the following elements in place:
- This refers to a failure to act with ordinary, reasonable care. Intentional conduct can also satisfy this element.
- Death of another person. Someone died due to the person’s actions.
- The death is directly correlated to the negligent act.
- The victim’s family must have suffered financial losses due to the family member’s death.
Contact Our San Antonio Wrongful Death Lawyers Today
The sudden death of a loved one can be difficult to deal with. While you cannot bring your loved one back to life, you can file a lawsuit and recover compensation to help deal with final expenses and loss of financial support.
The San Antonio wrongful death lawyers from the Law Office of Raul A. Guajardo, P.L.L.C., can help. We understand this is a difficult time, so we place a high priority on providing caring, compassionate legal assistance to minimize the burden. To schedule a free consultation, fill out the online form or call (210) 510-1111.