San Antonio Wrongful Death Lawyers
What is a Wrongful Death Claim?
A wrongful death claim is a claim brought by a loved one or the estate of a person who died as a result of a wrongful act, neglect, carelessness, unskillfulness, or default by another party.
How to Prove a Wrongful Death Claim
A wrongful death claim is similar to a negligent action claim because both require the same elements to be proved. The elements that need to be proved are as follows:
- The defendant owed the decedent a duty of care.
- The defendant breached this duty of care.
- The defendant’s breach was the proximate cause of death.
- The death resulted in damages.
The available damages include:
- the decedent’s pre-death pain and suffering
- medical bills prior to death
- post death costs such as funeral and burial costs
- the decedent’s loss of future income
- the loss of consortium
- the loss of a decedent’s parentage, nurturing, and love
- loss of companionship.
Who Can Bring a Wrongful Death Claim?
Th parents, children, and the spouse of the decedent can file a claim in Texas. Any one of these persons can file the claim individually or the claim can be filed as a group. Additionally, the executor of the decedent’s estate can file a claim. However, the executor is must wait 3 months to file a claim. If the parents, children, or spouse of the decedent files a claim before this time then the executor cannot file a claim. An executor also cannot file a claim if specifically requested not to do so by the decedent’s parent, child, or spouse.
Unlike in other states which require the child to be a minor to file a claim, in Texas a decedent’s’ child can be any age when he or she files a claim. Additionally, any decedent’s natural born or adopted child can file a claim, as long as the child has been legally adopted. However, because a the biological parents’ rights to an adopted child cease once the child is adopted, the adopted child cannot file a claim for the wrongful death of a biological parent. Similarly, a biological parent cannot file a claim for the death of their child that has been adopted by someone else.
Texas prevents the decedent’s siblings and grandparents from filing a claim.
Contact Stolmeier Law, San Antonio Wrongful Death Lawyers
We are San Antonio wrongful death lawyers. Stolmeier Law has served person injury victims and wrongful death victims in San Antonio and South Texas for over 35 years. We have the experience and knowledge to maximize your compensation. Unlike other law firms, we will not treat you like just another case number or billable hour. We guarantee you will always be represented by a Stolmeier and you will never be passed down the ladder to an inexperienced lawyer, like at other law firms. So if you or a loved one suffered a wrongful death, Contact Stolmeier Law, San Antonio wrongful death lawyers.