Any death is devastating on its own, but it can be even more unbearable to think of when it is the result of another person’s negligence. When death should have been avoidable, a San Antonio wrongful death lawyer from Singh Ahluwalia Attorneys stands ready to fight for justice in your loved one’s name.
Should I Hire a San Antonio Wrongful Death Attorney?
Wrongful death is a niche area of law that is both specific and closely related to almost every other type of personal injury case. Working with a San Antonio wrongful death attorney means having support that accounts for the unique circumstances of your case and your locale.
These legal professionals offer several advantages that regular personal injury practitioners might not have:
- Local Court Knowledge: San Antonio-based attorneys understand the procedures and preferences of the courts of Bexar County. Their familiarity with judges and court staff allows them to handle legal processes more efficiently and in a manner that accounts for local culture.
- Community Connections: The connections that local attorneys have with investigators and other professionals in San Antonio often help to expedite case development. More than that, such contacts also allow local lawyers to strengthen clients’ claims with evidence presentation.
- Insurance Company Experience: Knowing how to handle insurance companies means being familiar with the way they operate in an area. San Antonio lawyers understand insurance tactics and negotiation settlement strategies that both large and small insurance providers employ in the city and surrounding areas.
- Geographic Understanding: Local lawyers know the high-risk areas of city neighborhoods, from Alamo Heights to Stone Oak, and from Downtown San Antonio to the Medical Center. They know the statistics of accidents and deaths within the areas they operate in, and they use this information to strengthen your case.
- Accessibility: Finally, San Antonio attorneys are easy to reach, as local practice means accessible in-person visits. Unlike lawyers from outside the city, they have quick access to accident scenes and typically have more responsive communication channels.
What Is Wrongful Death?
Wrongful death is, as defined by Texas state law, a death that happens due to the negligent, careless, or intentional actions of others. The main distinction between wrongful death and other personal injury cases is that under the Texas Wrongful Death Act, it is the surviving family members of a victim, rather than the victim themselves, who are afforded the opportunity for compensation for such incidents.
Understanding Negligence in Wrongful Death Cases
Negligence forms the foundation of most wrongful death claims in San Antonio. To establish negligence, your attorney must demonstrate four essential elements:
- Duty of Care: The responsible party owed a legal obligation to act reasonably toward your loved one. For example, drivers must operate vehicles safely, doctors must provide competent medical care, and property owners must maintain safe premises for visitors.
- Breach of Duty: The defendant failed to meet their duty of care through action or inaction. This might include a driver running a red light, a surgeon performing a procedure while impaired, or an employer ignoring safety regulations.
- Causation: The breach directly caused your loved one’s death. Your attorney must establish a clear link between the negligent act and the fatal outcome, proving that the death would not have occurred without the defendant’s breach of duty.
- Damages: The death resulted in measurable losses to surviving family members, including financial hardship and emotional suffering.
In some cases, negligence is obvious—such as a drunk driver causing a fatal collision; in others, it requires thorough investigation and expert testimony to prove. Medical malpractice cases, for instance, often need medical experts to establish that a healthcare provider deviated from accepted standards of care.
Common Causes of Wrongful Death
Common situations that give rise to wrongful death cases in San Antonio include:
- Motor Vehicle Accidents: Accidents involving vehicles, primarily cars, are some of the most common causes of injury. They are also, therefore, some of the leading causes of wrongful death, especially in cases of distracted or intoxicated driving.
- Medical Malpractice: Medical providers can be held accountable for the death of a patient under medical malpractice laws for committing surgical errors, misdiagnoses, medication errors, birth injuries, and more.
- Workplace Accidents: Construction sites, industrial facilities, and other work environments can pose serious hazards. When employers fail to maintain safe working conditions or provide proper training and equipment, fatal accidents may occur.
- Defective Products: Manufacturers have a responsibility to ensure their products are safe for consumer use. When defective vehicles, machinery, medical devices, or other products cause fatal injuries, wrongful death claims may be warranted.
- Premises Liability: Property owners must maintain safe conditions for visitors. Fatal slip-and-falls, inadequate security leading to violent crimes, or other hazardous conditions can result in wrongful death cases.
Who Can File a Wrongful Death Claim in Texas?
Only a wrongful death victim’s direct family members have the legal standing to file a wrongful death lawsuit. Under Texas law, direct family members include only the surviving spouse, children, or parents.
Siblings and extended family members cannot file wrongful death claims regardless of financial dependence, and neither can domestic partners.
Available Damages in a Wrongful Death Case
Damages available in a wrongful death case include many of the same items in personal injury cases. That is to say, they are divided into economic, non-economic, and punitive damages.
Economic Damages
These tangible financial losses include:
- Lost Income and Benefits: Compensation for the financial support your loved one would have provided throughout their expected lifetime, including salary, bonuses, pension benefits, and health insurance.
- Medical Expenses: Costs for emergency treatment, hospitalization, surgery, and other medical care your loved one received before passing away.
- Funeral and Burial Expenses: Reasonable costs associated with memorial services, burial or cremation, and related expenses.
- Loss of Household Services: The value of services your loved one provided, such as childcare, home maintenance, and other contributions to the household.
Non-Economic Damages
These intangible losses acknowledge the emotional and relational impact of your loss:
- Loss of Companionship: Compensation for the loss of your loved one’s presence, guidance, and support in your life.
- Loss of Consortium: Recognition of the loss of the marital relationship between spouses, including comfort, affection, and intimacy.
- Mental Anguish and Emotional Distress: Damages for the psychological suffering and grief resulting from your loved one’s death.
- Loss of Inheritance: Compensation for the estate your loved one would have accumulated and left to their heirs.
Punitive Damages
Punitive damages (sometimes called “exemplary damages”) are intended to punish the wrongdoer and deter similar conduct, rather than to compensate the victim’s survivors. Punitive damages must be awarded by the jury if a case reaches trial; they cannot be automatically imposed.
There are caps on punitive damages in Texas, set at the lesser of:
- Two times the amount of economic damages plus an amount equal to non-economic damages (capped at $750,000), or
- $200,000 for a single defendant (varies by statute type and defendant)
Texas does not impose caps on wrongful death damages in most cases, unlike some other types of claims. However, medical malpractice cases have specific limitations on non-economic damages that your attorney can explain in detail.
How Long Do I Have to File a Wrongful Death Claim in San Antonio?
Just as with personal injury cases, Texas has a time limit of two years for wrongful death claims. The clock starts ticking from the moment of death and not from the moment the accident that led to the death occurred.
If, for instance, a car accident occurred on January 1, 2025, and the victim died immediately, surviving family members have up to January 1, 2027, to file a claim. On the other hand, if the victim was first hospitalized only to pass away on February 1, then the family has until February to file.
Unlike personal injury cases, the statute of limitations for wrongful death rarely tolls (pauses) the filing. The two-year time limit still applies if the heir is a minor or if there was some form of consignment or fraud involved.
If a case involves governmental entities, family members must file a notice of claim within six months of the death before filing a lawsuit. Finally, some cases might be complicated, and the decision on whether a case can be tolled might depend on a court’s interpretation.
Pursue Justice With Our San Antonio Wrongful Death Law Firm
The loss of a loved one due to another’s negligence is a profound and painful experience. While no legal action can ever truly fill the void left by their absence, pursuing a wrongful death claim can provide much-needed financial stability and a sense of justice for your family.
Our experienced San Antonio personal injury lawyers at Singh Ahluwalia Attorneys at Law are dedicated to guiding you through this challenging time, fighting tirelessly to secure the compensation you deserve.
Contact Singh Ahluwalia Attorneys at Law today at (210) 293-7517 for a compassionate and confidential consultation. Let us help you understand your rights and options, and together, we can seek the accountability and closure your family needs.
