Losing a loved one is an unimaginable tragedy that can forever alter the lives of those left behind. When a death occurs due to another person or entity's negligence, recklessness, or intentional actions, the closest relatives of the deceased can file a wrongful death claim.
In these heart-wrenching situations, wrongful death attorneys step in, offering a path to hold responsible parties accountable and provide a measure of financial relief for the surviving family members.
The legal complexities of a wrongful death claim can overwhelm you, especially while you’re coping with the emotional turmoil of losing a family member.
Our San Marcos wrongful death attorneys at DJC Law can provide insight, support, and guidance during a challenging time. We will partner with you to seek justice on your loved one's behalf.
Why Choose DJC Law Firm
At DJC Law, our personal injury attorneys have over 80 years of combined legal experience. Since opening, we have obtained over $50 million in injury compensation for our clients and their families.
At the core of DJC Law's foundation lies the belief that everyone deserves the utmost respect. Our commitment to prompt communication is unwavering—we make it a point to return phone calls and address emails within a single business day. Furthermore, our personal injury attorneys extend their accessibility by sharing their direct cell phone numbers with clients.
In addition, we understand that navigating legal matters can involve complex terminology, so our injury lawyers are dedicated to presenting these concepts clearly and comprehensively.
For residents of Austin who lost a loved one to a wrongful death action, the last thing they need is the added worry of reaching their attorney or finding answers to their questions.
Our recent wrongful death case successes include:
- $2.1 million for the family of a man crushed by a negligent forklift driver. His family received $555,303.72 after attorney fees, medical liens, and expenses.
- $2 million for a grieving family who lost their loved one because of the negligence of a commercial truck driver and company. Our attorneys obtained $1,444,071.21 after attorney fees, medical liens, and expenses for the family.
- $1.3 million for the adult children of an elderly pedestrian fatally injured by a negligent motorist backing out of a parking lot. The decedent’s children received $805,972.82 after attorney fees, medical liens, and expenses.
- $525,000 for the family of a victim killed by an intoxicated driver. We obtained $401,767.14 after attorney fees, medical liens, and costs for the family.
- $955,000 for the family of a man who fell at a construction site and ended up dying from his injuries. Our competent wrongful death attorneys settled this case for nearly the entire policy limits available. They negotiated down the medical liens so that the client's family received $602,000 after attorney fees, medical liens, and case expenses.
Our San Marcos office is conveniently off North I-35 Frontage Road:
2575 North IH 35
Suite 101
San Marcos, TX 78666
Wrongful Death Compensation
Losing a loved one due to the negligence, recklessness, or intentional actions of another can leave families emotionally shattered and financially burdened.
In Texas, as in many other jurisdictions, the law recognizes the profound impact of wrongful death and provides a legal avenue for surviving family members to seek compensation for their loss.
Wrongful death compensation in Texas aims to ease the financial strain caused by the unexpected death of a family member. While no amount of money can truly compensate for losing a loved one, pursuing a wrongful death claim can alleviate the financial stress that often accompanies such a devastating event.
Wrongful death compensation aims to cover both economic and non-economic losses resulting from an individual's untimely death. These losses can vary widely based on the circumstances of the case and the relationship between the deceased and the surviving family members.
Some common types of compensation in wrongful death cases include:
Economic Damages
- Medical expenses: Compensation may cover medical bills related to the deceased's final illness or injury.
- Funeral and burial costs: Funeral expenses can be substantial, and compensation can help alleviate this financial burden.
- Loss of financial support: If the deceased was a primary breadwinner, compensation can include the income they should have contributed to the family over their expected lifetime.
Non-Economic Damages
- Pain and suffering: For the emotional pain and suffering experienced by the surviving family members because of the loss of their loved one.
- Loss of companionship and consortium: Compensation may address the loss of companionship, guidance, and support the deceased should have provided their family members.
- Mental anguish: Survivors may seek compensation for the emotional trauma and mental anguish they endure due to the wrongful death.
Punitive Damages
In instances involving particularly egregious or intentional actions, the court may award punitive damages to punish the wrongdoer and discourage similar behavior. This can increase the value of a wrongful death claim.
Factors Influencing Compensation
The amount of compensation in a wrongful death case can vary widely based on:
- The age and earning capacity of the deceased.
- The extent of financial dependency on the deceased.
- The emotional relationship between the deceased and the surviving family members.
- The circumstances of the incident that led to the death.
- Any evidence of negligence or wrongful conduct on the part of the responsible party.
Texas has a statute of limitations or a deadline for filing wrongful death claims, so seek legal advice promptly. A compassionate and skilled attorney will work tirelessly to secure the compensation you deserve while allowing you to focus on healing and supporting your family during this difficult time.
Where Do Wrongful Death Accidents Occur in San Marcos?
Accidents and incidents that give rise to wrongful death claims can happen anywhere in and around San Marcos, TX: for instance, a motor vehicle crash on I-35, a slip and fall at the H-E-B, or a medical malpractice event at Santa Rosa Hospital or San Marcos Medical Center. Such an injury that causes a wrongful death can also happen at someone's home or a recreational facility.
Wrongful Death Claims
By legal definition, a wrongful death happens when someone suffers fatal injuries due to another person or party's negligence or careless, reckless, or intentional actions. For instance, preventable fatalities are typically wrongful under the law. If the deceased had the right to file a personal injury claim if they lived, their family member or personal representative likely has a valid wrongful death claim.
Who Can File a Wrongful Death Lawsuit?
Since the deceased person can't file a lawsuit for their own death, the law must state who can do so on their behalf. Under Texas law, the right to file a wrongful death lawsuit first goes to any surviving spouse, children, and parents of the person who died. Adult children can also file a wrongful death lawsuit for their parents' deaths.
Eligible family members can file lawsuits within two years of the death. They can either file together or file separate cases.
If eligible family members don’t file within three months, however, the personal representative of the estate can file suit.
Types of Wrongful Death Claims
Common wrongful death claims involve:
- Motor vehicle collisions: The most prevalent causes of wrongful death claims stem from vehicular accidents, including those involving passenger vehicles, trucks, motorcycles, buses, and big rigs.
- Bicycle accidents: Given their smaller size and reduced visibility, cyclists are particularly susceptible to accidents involving larger vehicles. These incidents can lead to personal injury and wrongful death claims.
- Medical negligence: Instances of medical malpractice, wherein healthcare professionals fail to uphold a "reasonable duty of care" toward their patients, can give rise to wrongful death cases. Misdiagnosis, delayed diagnosis, surgical errors, emergency room mistakes, and prescription drug errors are common forms of malpractice that might result in a wrongful death claim.
- Product defects: Fatalities can sometimes stem from misrepresented products, flawed manufacturing processes, or inadequate warnings about potential harm or death.
- Workplace and construction accidents: Negligence in the workplace can lead to fatalities caused by hazardous working conditions, explosions, fires, accidents involving machinery, improper training, or defective equipment.
- Criminal acts: In cases where an individual's criminal actions lead to another person's death, a wrongful death claim may arise against the perpetrator for the direct action and the property owner for negligent security.
Types of Wrongful Death Injuries
Common injuries that give rise to wrongful death claims include:
- Internal injuries and bleeding
- Traumatic brain injuries
- Spinal cord injuries
- Severe burns
- Amputations
- Drug reactions
- Severe bleeding
- Multiple severe bone fractures
Fighting the Insurance Company
Fighting with an insurance company over a wrongful death claim can be an incredibly challenging and emotionally taxing experience.
Navigating the complexities of a legal battle with an insurance company adds to the burden of losing a loved one.
Insurance companies, unfortunately, often operate with profit-driven motives, aiming to minimize their financial liabilities. As such, they may contest or devalue a wrongful death claim, adding more stress to an already difficult situation. They might attempt to shift blame, question the severity of the incident, or undermine the relationship between the deceased and the claimant.
Furthermore, the legal nuances and intricacies involved in wrongful death claims can be overwhelming for grieving family members already grappling with their loss. The emotional toll, coupled with the technical aspects of the legal process, can leave families feeling overwhelmed and vulnerable.
In these circumstances, seek the assistance of an experienced wrongful death attorney. A seasoned San Marcos wrongful death attorney can navigate the intricacies of dealing with insurance companies, allowing families to focus on healing and honoring the memory of their loved one. A dedicated legal advocate by your side can provide comfort and increase the chances of achieving a fair resolution and justice for your loved one.
What to Do After a Wrongful Death?
In addition to hiring an experienced San Marcos wrongful attorney to handle your wrongful death claim, you can take additional steps to help ensure your claim's success:
- Save receipts: If you've incurred expenses for medications, prescriptions, supplies, or other necessities arising from your loved one's death, retain receipts. These receipts will serve as crucial evidence when seeking compensation for your or your loved one's incurred costs.
- Secure copies of reports: Whenever feasible, obtain copies of pertinent reports such as police records, incident reports, and any other paperwork related to the incident, your injuries, and property damage. These documents can significantly bolster your claim's validity.
- Prepare documentation for legal consultation: When consulting with a San Marcos wrongful death attorney, gather and provide all your receipts and relevant paperwork. Having this documentation at hand during the consultation will assist in building a comprehensive understanding of your case.
Consulting a San Marcos Wrongful Death Attorney
Navigating the legal complexities of a wrongful death claim can be overwhelming, especially during a time of grief. This is where an experienced wrongful death attorney can advise you of your family’s rights, assess the value of your claim, gather evidence to support your case, negotiate with insurance companies, and, if necessary, represent you in court.
Seeking wrongful death compensation in Texas is about more than just financial recovery; it's a way to honor the memory of your loved one and hold those responsible accountable for their actions.
While no compensation can replace the loss you've experienced, pursuing a wrongful death claim can provide some measure of justice and financial stability for the future.
Contact DJC Law today at (512) 888-9999 or online for your free case consultation with a personal injury law firm in San Marcos.