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San Antonio Wrongful Death Attorney
San Antonio Wrongful Death Lawyer Serving Texas
When you suddenly and unexpectedly lose a loved one, it is easy to get overwhelmed. The practical questions such as "how will I take care of my family without them?" and "how will I afford to pay for a funeral?" compete with the bigger questions such as "who is responsible for this?" and "how can I hold them accountable?" In situations where a person's death was caused by someone's wrongful actions or negligence, family members can pursue financial compensation for multiple types of damages. However, these cases can be complicated, and it is important to secure legal representation from an attorney who understands the legal issues involved and the steps a family can take to protect their rights and interests.
The wrongful death lawyers at Alford & Associates are here for you during the most difficult and trying times, and we have the experience to help you get the justice that both you and your lost loved one deserve. We understand the difficulties that your family is facing, and we are prepared to fight for you as you pursue financial compensation that will address your loss. While no amount of money can bring back your loved one or fully address the emotional difficulties you are experiencing, the compensation you receive may address the financial issues that have affected your family, and it can provide you with assurance that those who were responsible for your loved one's death have been held accountable for the harm done to you and your family members.
Representation in Complex Wrongful Death Cases
Wrongful death claims and survival actions are notoriously difficult and complex. The average personal injury attorney will not have the experience needed to successfully litigate your case. They may not be familiar with the probate courts, they may be unable to help you manage your loved one's estate, and they may not fully understand the nuances of this complex area of the law. Wrongful death claims and survival actions must usually be filed within two years from the date of a person's death, although there are many exceptions which may shorten the time you have to file a lawsuit. By working with a lawyer who has extensive experience handling these issues, you can rest assured that you will be able to complete all of your legal requirements and protect your right to pursue compensation.
Our attorneys can help you pursue multiple types of compensation to address damages such as:
- Pecuniary losses, which include the monetary or financial damages resulting from losing your loved one's support, services, advice, and counsel.
- Loss of income, which will address the financial support your loved one would have provided for your family while working throughout the rest of their natural lifetime, as well as benefits that would have been provided to family members through an employer.
- Mental anguish, meaning damages for a family's mental and emotional suffering.
- Loss of companionship and society, meaning the pain of losing the love, comfort, and companionship of your family member.
- Loss of an inheritance that would have been left to family members by a person who was wrongfully killed.
The wrongful death attorneys at Alford & Associates will treat you and your lost loved one with respect, and we will do everything we can to get the justice that you deserve. If appropriate, we may be able to pursue punitive damages from a person or company that engaged in gross negligence, such as a drunk driver who knowingly put others at risk by driving when they were too intoxicated to operate a vehicle safely.
Wrongful Death FAQs
Answer: In Texas, the decedent’s surviving spouse, children, or parents can file a lawsuit for wrongful death. Any one or more of those individuals may file the lawsuit on behalf of all survivors. If none of these parties files within three months after the person’s death, the administrator of the decedent’s estate can file a wrongful death lawsuit unless all eligible survivors object.
Answer: Wrongful death lawsuits can be complex, and they are often very upsetting to the family of the decedent. Our attorneys can handle every aspect of the case, and you will most likely be minimally involved unless you are a primary witness. You may find it distressing to view evidence related to the accident or incident that led to your loved one’s death. We will perform a full independent investigation to gather all available evidence on your behalf. Our attorneys have years of experience recovering compensation for survivors. In many cases, we are able to negotiate a favorable settlement out of court. Only a relatively small percentage of these cases go to trial. However, we are well-prepared to take your case to court if we need to.
Answer: A wrongful death may include any situation where someone is killed as the result of some type of negligent or wrongful act. For example, you may have a wrongful death case if your loved one died in a motor vehicle accident caused by another driver or a workplace accident.
Answer: You must effectively prove that the decedent, had they survived, would have had a personal injury claim against the person or parties who were responsible. It must be shown that another party had a duty to use caution regarding your family member’s safety and failed to do so. That failure to use due caution must have led to the accident or incident which caused the death. For example, drivers have a duty to use reasonable care to avoid injuring others. If a driver is using his cell phone or is intoxicated, he has breached his duty of care and would likely be liable for the death of a person killed in a car accident.
Answer: The amount of compensation you will receive will depend on a number of factors, so it is difficult to give an average. There are many moving parts in a wrongful death claim. Factors like your family member’s contribution to household income and the services they provide to the family can impact the amount you may recover. Wrongful death settlements are frequently, but not always, in the six-figure range. Once we have assessed your specific case, we may be able to give you a better understanding of what your award may look like.
Answer: This can vary depending on the circumstances of a case. Generally, either the negligent party themselves or their insurance company will be ordered to pay you a set amount. You can either collect a lump sum or take a structured settlement, which will be paid out slowly over time. Texas law further determines which relatives will receive what percentage of the settlement. In many cases, an award will be divided between a surviving spouse and surviving children, if the decedent had either. Parents may also be able to receive compensation if they were dependent on the decedent or if the decedent was a minor.
Contact Our San Antonio Wrongful Death Attorneys
In Texas, a wrongful death claim may be pursued for the benefit of a deceased person's surviving spouse, children, and/or parents. A survival action may be brought by the legal representative of the estate of the decedent. Our firm provides representation in these cases, and we are prepared to fight for the rights of you and your family as you seek to hold the liable parties responsible for your loved one's death. To set up a complimentary consultation and learn how we can help you receive the compensation you deserve, contact Alford & Associates at 210-951-9467. Our firm has offices in Houston, San Antonio, Corpus Christi, Dallas, and Austin, and we represent clients throughout the state of Texas.
Alford & Associates has offices in San Antonio, Austin, Houston, Corpus Christi, and Dallas, and we represent clients in Bexar County, Selma, Schertz, Live Oak, Converse, Kirby, Travis County, Round Rock, Pflugerville, Harris County, Bellaire, West University Place, Spring Valley Village, Nueces County, Portland, Port Aransas, Robstown, Dallas County, Tarrant County, Fort Worth, Irving, Garland, Arlington, Mesquite, Grand Prairie, and throughout all of the state of Texas.
Results listed are not a guarantee or indication of future case results.
4538 Walzem Rd, San Antonio, TX 78218
210-951-9467
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