San Antonio Wrongful Death Lawyers

When you have lost a loved one, dealing with the grief can be unbearable. Thinking about obtaining justice for your loved one’s death might not ever occur to you in the moment. But if the death can be proven to be caused by another person, Nix Patterson’s San Antonio wrongful death lawyers could assist you with receiving compensation for your emotional anguish, lost income and inheritance, burial and funeral expenses, and the pain and suffering your loved one suffered.

What Is a Wrongful Death Claim?

Close family members can file a wrongful death claim in Texas if a loved one’s death was caused by another person’s accidental or purposeful act. The law states that there has been a wrongful death in these situations:

• The injury caused the person’s death or an infant’s failure to live after birth
• The injury was caused by another person’s or entity’s neglect, carelessness, unskillfulness, or wrongful act
• The deceased could have filed a personal injury claim if they had lived

A wrongful death lawsuit in San Antonio is a form of legal justice for the close family members left behind. The lawsuit allows you to pursue legal action and potentially receive compensation for your loved one’s death.

Notably, a wrongful death lawsuit is separate from any criminal case that is filed against the person who allegedly caused your family member’s death. For example, suppose a drunk driver ran a red light on the 1604 service road at US 281 in northern San Antonio. The driver hit and killed your loved one in the crosswalk.

The prosecutor could file an involuntary manslaughter charge against the alleged drunk driver. Regardless of how that case is resolved, you still could file a wrongful death lawsuit against the defendant. A criminal complaint also isn’t required for the family to file a wrongful death lawsuit. Criminal and civil cases are always separate legal matters.

Who Can Sue for Wrongful Death?

Texas law allows the following parties to file a wrongful death lawsuit:

• Spouses. A surviving spouse is the most common party to file a wrongful death lawsuit in Texas. They may have a claim for lost companionship and lost income related to the death, among other damages.
• Children. Surviving minor children can file a lawsuit and potentially receive compensation for the loss of relationship with the parent. Losing comfort and support from the deceased could also lead to compensation.
• Parents. The parents of the deceased can file a lawsuit and could receive money for the emotional trauma and losing the relationship with the person.
• Estate representative. If none of the parties above file a claim within three months of the death, an appointed estate representative may file the case. The estate representative could be the family’s personal injury attorney, a family member, or another close party to the family.

Talk to your Nix Patterson wrongful death lawyer if you have questions about who can file the claim. It is important that the right party file the claim, or valuable time could be lost. You have only two years from the date of death to file a wrongful death lawsuit.

Common Types of Wrongful Death Lawsuits in San Antonio

San Antonio is a growing city of 1.4 million, and thousands more move there every month. Such a growing city has many benefits, but many accidents cause severe injury and death. Some of the most common types of wrongful death lawsuits in the Alamo City are:

• Car accidents
• Motorcycle accidents
• Pedestrian accidents
• Bicycle accidents
• Defective product accidents
• Medical malpractice
• Nursing home neglect
• Job-related accidents

Motor Vehicle Accidents

Most wrongful death lawsuits in San Antonio relate to car and motorcycle accidents. Far too many drivers are distracted or under the influence of drugs or alcohol. If you lost a loved one because of a San Antonio motor vehicle accident, Nix Patterson’s wrongful death lawyers can help.

In 2021 alone, there were 182 fatalities in San Antonio motor vehicle accidents. Some of the most hazardous intersections in San Antonio that involve many serious and fatal auto accidents are:

• Loop 1604 and I-10
• Loop 1604 and Ingram Road
• I-35 and Walzem Road
• Culebra Road and Potranco Road
• Pecos La Trinidad and Martin Street
• Loop 1604 and Braun Road

If your loved one was seriously injured or killed in an accident at one of these intersections, a wrongful death attorney could help. You’ll have more than enough to deal with in the aftermath of the death, but a Nix Patterson attorney can take the legal and insurance hassles off of your shoulders.

Pedestrian and Bicycle Accidents

Distracted and speeding drivers often kill and injure bikers and pedestrians. A lack of sidewalks or inadequate designated crosswalks and bike lanes causes some of these accidents. If your loved one was killed because of someone’s negligence or a poorly designed or maintained sidewalk or crosswalk, you could file a wrongful death claim. 

Medical Malpractice

Inadequate or improper training and a rushed working environment cause some medical professionals to engage in unsafe patient care. Texas law states that the surviving family may file a medical malpractice lawsuit if they can prove that the standard of care was violated. Common types of medical malpractice that lead to compensation are misdiagnosis, surgical and medication errors, birth-related injuries, improper medical treatment, and not obtaining informed consent.

Nursing Home Neglect

Many Americans send their loved ones to live in nursing homes, but the care sometimes is not what it should be. Nursing home abuse and neglect are common. If you think that a loved one died because of abusive treatment or neglect, a Nix Patterson attorney could help.

Work-Related Accidents

Death and serious injuries in the Texas workplace are far too common, especially in the oil, gas, and construction fields. Employers who do not provide a safe working environment may be held liable for severe injuries and deaths that occur on the job. If you lost a loved one in a workplace accident, you could be eligible for workers’ compensation death benefits or, in limited cases, compensation in a wrongful death lawsuit. Speak to a wrongful death lawyer for more information.

Am I Eligible to File a Wrongful Death Lawsuit?

In Texas, the immediate family is eligible to file a wrongful death lawsuit. This group includes the surviving spouse, parents, and minor children. The decedent’s personal representative, who may be the estate executor or administrator, can also file the case. This is only allowed, however, if the close family doesn’t file a case within three months of the death. Family members other than the ones mentioned above are ineligible in Texas to file a wrongful death lawsuit.

What Kind of Compensation Can I Get for a Wrongful Death Lawsuit?

If the wrongful death lawsuit is successful, compensation could be awarded to the surviving family, such as the spouse, parents, and children. Possible damages available in a wrongful death settlement or verdict award are:

• Lost earning capacity. If you lost your husband in a car accident at I-10 and 1604 in San Antonio because of another party’s negligence, you may be entitled to the income they would have earned if they had lived. This could be considerable if the person earned a good income or had many years of earning power remaining.
• Mental pain and anguish. The plaintiff could be entitled to compensation for their emotional agony stemming from the loss. This loss is difficult to quantify, and Nix Patterson will attempt to illustrate the degree to which the death has affected you emotionally and mentally.
• Lost love, companionship, comfort, and society. The deceased probably provided love and companionship to you and your family.
• Lost inheritance. You could receive money for what your loved one would have saved and left to you when they died a natural death.
• Funeral, burial, and medical costs. You should receive compensation for medical expenses incurred after the accident and all burial and funeral expenses.

Receiving some or all of these types of compensation in a wrongful death lawsuit largely hinges on the defendant’s liability for what happened. If your attorney can prove by a preponderance of the evidence that the defendant caused the person’s death, the court may order them to pay damages to you. In a civil claim, you and your attorney must prove it’s more likely than not that the defendant caused the death.

What Affects Compensation in a Wrongful Death Lawsuit?

You may wonder what you can receive in your San Antonio wrongful death lawsuit. It’s impossible to say for sure; every wrongful death claim and accident is different. However, several factors may influence the amount of your potential compensation:

• The decedent’s age. A person who died at 25 had more potential working years before them than someone who passed on at 65. If your loved one could have worked another 30 years, you could receive more compensation for loss of income.
• The decedent’s training and education. A doctor must have approximately 10 years of education and training, earning a higher income than someone with only an associate’s degree.
• The value of the benefits provided to the family. If the deceased provided healthcare and retirement benefits, this could result in more compensation.
• Ages of any minor children. If the deceased had minor children, the claim could have more compensation for their current and future needs.
• Evidence of negligence or wrongdoing. If it is clear that the defendant’s negligence or wrongdoing caused the death, compensation could be higher. On the other hand, if the deceased was partially at fault for the accident, this could negatively affect the case’s value.
• The skill of your attorney. It is always best to hire an experienced and tenacious wrongful death attorney. Your attorney should have a strong record of high settlements and jury awards in personal injury and wrongful death claims.
• Settlement or jury verdict. Most wrongful death claims end in a settlement. This happens because settlements are faster than going to court, and the family may need money as soon as possible. However, a settlement could result in less compensation than a favorable verdict. But this possibility must be balanced because juries are unpredictable, and you could end up with nothing.

Once you retain a San Antonio wrongful death lawyer, they will review your case details and provide a rough estimate of potential case value. But nothing is for sure until you receive a settlement or jury verdict in your favor. Your attorney will advise you if settling or going to court is best, but the final decision is yours.

Is it Expensive to Hire a San Antonio Wrongful Death Lawyer?

It’s understandable to be concerned about legal fees when you may have just lost the breadwinner in your home. But you don’t have to worry. A contingency arrangement compensates Nix Patterson’s wrongful death attorneys.

If the claim results in a settlement or favorable jury verdict, their legal fees are deducted from your compensation. You do not pay out-of-pocket legal fees, and there are no upfront costs. You pay nothing if Nix Patterson doesn’t obtain compensation for you. So, what do you have to lose?

Speak to Nix Patterson’s San Antonio Wrongful Death Attorneys Today

Few things are more painful in life than losing a loved one. When your family member is lost in an accident caused by another party, the pain is even more devastating. But if another person’s negligence caused the death, you don’t have to suffer silently. You may be eligible to file a wrongful death lawsuit in San Antonio to recover compensation for your economic and non-economic losses.

Nix Patterson’s San Antonio wrongful death lawyers are experienced in these painful, complex cases and may help you get the compensation you are owed. Contact us today for a complimentary consultation about your potential wrongful death claim.