How Can A San Antonio Wrongful Death Attorney You?
Losing a loved one can be a challenging event to navigate, and the death may make it impossible for family members to care for themselves. The experienced San Antonio Wrongful Death Attorney at Khattar Law, PC, can lead you through this process with clarity, informing you about your rights and options.
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If someone you love has died because of another individual’s wrongful act, neglect, or carelessness, you may be eligible for compensation relating to your loss.
San Antonio Personal Injury Attorneys are skilled in handling wrongful death claims and can take the appropriate legal steps to help recover for your loss.
Our experienced lawyers can help you to prove liability in fatal accidents can help you establish your right to wrongful death damages. Situations that may give rise to a wrongful death claim can include:
- Car accidents
- Semi-truck and commercial vehicle accidents
- Motorcycle accidents
- Drunken-driving accidents
- Injuries caused by hazardous property conditions
- Workplace accidents
- Construction site accidents
Manufacturers, trustees, employers, receivers, or machinery operators may be held liable for damages following an accident that causes an individual’s death. An experienced San Antonio wrongful death lawyer can help determine whether the injury was caused by another person’s wrongful act, unfitness, or neglect of the machinery under their control.
Types of Wrongful Death Claims
Below are four common incidents that give rise to San Antonio wrongful death claims that result in liability:
- Motor vehicle accidents – Injuries sustained in car accidents can lead to liability for wrongful death if the accident is caused by a driver’s recklessness, faulty vehicle parts, maintenance issues, or mechanical failure. Loss of control by semi-trucks or 18-wheelers may also lead to accidents that cause fatal injuries.
- Medical malpractice physicians and other – medical professionals are required to have an active license before treating patients. Failure to adhere to the rules of the jurisdiction in which they operate, and the use of faulty medical equipment may lead to an individual’s death. Improperly operated medical centers and unsanitary equipment may also cause grave injury or death, and our San Antonio wrongful death attorney have extensive experience navigating related claims.
- Construction site accidents – Construction sites can be hazardous places if improperly secured or operated. The presence of heavily loaded machines, building supplies, and hazardous materials increase the risk of serious injury or death for people who enter construction sites, whether for work or other reasons.
- Workplace accidents. Workplace – accidents that result in a family member’s death may occur because of an employer’s neglect or recklessness.
Establishing Fault in Wrongful Death Claims
Under the Texas Wrongful Death Act, an individual’s family may bring a wrongful death claim if the individual who was killed would have been eligible to bring an action for the injury themselves if they had survived.
Family members must prove that the party at fault had a legal duty to the deceased, and understanding the relationship between the deceased and the defendant is crucial for determining whether the defendant owed a duty of care.
For example, drivers on the road must exercise reasonable caution, employers must keep their workplaces free from hazardous conditions for their employees and people who enter the premises, and manufacturers must ensure that their products are safe.
If a defendant has breached their legal obligation, based on how an ordinary person would have acted in those exact circumstances, they may be found to have been negligent under the law.
For a wrongful death claim to be successful, it must be shown that the death resulted from the breach. Once liability is established, family members must be able to prove that the injury is something for which they deserve compensation.
Wrongful Death and Negligence
Such damages may include wages lost as a result of the death; lost support to dependents; loss of guidance and nurturing; loss of consortium; and medical, funeral, and burial expenses. For cases in which the victim was likely to have endured pain before death, the victim’s family may also be compensated for that conscious pain and suffering.
Establishing gross negligence does not necessarily require proof that a negligent party intentionally disregarded others’ safety or well-being. Instead, what must be established is the foreseeability of injury or death in the face of certain risks and a failure of an employer, doctor, driver, or manufacturer to avert or minimize those risks.
A wrongful death accident lawyer can assist issues relating to probate, filing life insurance or survivor claims, and communicating with creditors to explain your family’s situation. We can also help you get the advice or counseling you or your children need to deal with the anger, grief, or other emotional stresses your family might experience in the aftermath of a fatal accident.
Contact Our Experienced San Antonio Wrongful Death Lawyers
Our attorneys understand that a wrongful death case involves a lot more than a demand for financial compensation, and we can explain how your family can benefit from an experienced trial lawyer’s advice and support.
The San Antonio wrongful death attorneys at Khattar Law, PC can provide legal assistance following an accident and help you recover the compensation to which you are entitled. Contact us at 210-791-0817 to schedule a free legal consultation.
Commonly Asked Questions About Wrongful Death Claims:
Q. May I Pursue A Wrongful Death Claim If My Loved One Died Before Arriving At A Hospital?
A. If that person has died of the injuries of a wrongful act, the answer is yes. People can become victim of wrongful death due to many instances. It is better to consult a legal professional to know more about your case.
Q. Does The Death Of An Unborn Fetus Qualify As A Wrongful Death?
A. States have different laws concerning whether fetal demise qualifies as a wrongful death. In Texas, there may be a cause of action for the wrongful death of a fetus at any time during gestation. However, if the fetal death arises directly or indirectly out of a medical professional’s negligence, there is no claim for recovery.
Q. Do All States Have The Same Wrongful Death Laws?
A. All states have different laws with regard to wrongful death actions. There is a statute of limitations in Texas that restricts the amount of time in which you must file a wrongful death lawsuit. Consult a lawyer promptly to improve your chances of recovering the compensation that you deserve.