Wrongful Death

---

Intro: If a close family member died as a result of someone else’s negligence or wrongful conduct, you may be wondering what your legal remedies are. Depending on your relationship to the deceased and the unique circumstances of your case, you may be entitled to bring a wrongful death lawsuit. Here are some common questions our clients have about wrongful death:

What Constitutes A Wrongful Death Under Texas Law?

Wrongful death under Texas law is when someone dies due to another party’s negligence or wrongful conduct.” Examples of negligent acts that would be considered wrongful death include: vehicle accidents, medical malpractice, product liability (involving a defective product), or accidents in the workplace.

Unlike other lawsuits, wrongful death claims are not brought by injured parties but instead by their surviving family members who seek recovery and compensation for the emotional and financial impacts of the loss.

Who Can Legally File A Wrongful Death Lawsuit In San Antonio, Texas?

Texas law has restrictions on who can bring a wrongful death claim. The law specifies that the only parties entitled to bring a wrongful death lawsuit are surviving spouses, biological or adopted children or the deceased’s parents. Other relatives or extended family members are not entitled to bring suit.

Any eligible family member can file a wrongful death suit individually or together with other eligible family members within three (3) months from the date of their relative’s death. At that point, the estate’s executor or personal representative has the right to file, unless expressly asked not to do so by all eligible family members.

What Types Of Damages Can Families Seek In San Antonio Wrongful Death Claims?

If you’re filing a wrongful death claim in San Antonio, and depending on the circumstances, you may be entitled to compensation under Texas law, including:

• Economic damages, which encompass lost income (including salary, benefits and medical insurance), funeral expenses, medical bills, potential lost inheritance and the loss of services the deceased provided
• Non-economic damages, including mental anguish (i.e., pain and suffering) and loss of companionship (the love, comfort and society of the deceased)
• Punitive or exemplary damages that are intended to punish the negligent party responsible for the death and deter them from similar actions in the future

What Is The Statute Of Limitations For Filing A Wrongful Death Claim In San Antonio, Texas?

The statute of limitations or time to file a wrongful death claim is two (2) years from the date of your relative’s death. If you fail to file within that timeframe, you may lose the opportunity to seek compensation, and valuable time-sensitive evidence may also be lost.

A wrongful death attorney will help ensure you comply with the statute of limitations and preserve all necessary evidence that supports your claim.

Call To Action (CTA):

If your loved one died as a result of someone else’s negligence or wrongful conduct, you deserve to know what legal remedies are available to you. The lawyers of Dreyer & Mazaheri are available to help you learn whether you’re entitled to just compensation and damages.

Contact us at (210) 830-7639 today for a case evaluation or visit our client contact page.