San Antonio Wrongful Death Attorney

Fighting to Secure Justice for Those Who Can No Longer Fight for Themselves

For individuals and families who have suffered the loss of a loved one due to the negligence of another, it can be an incredibly difficult time. The pain and grief that comes with such a devastating event can feel overwhelming, leaving those affected feeling helpless and alone.

In cases like these, having an experienced wrongful death lawyer in San Antonio is essential to receiving the justice you deserve while also restoring hope during a very trying period. At Pelaez Law Firm, Crash Angels, we understand what our clients are going through and strive to provide compassionate legal representation throughout their cases.

Our dedicated attorneys have extensive experience handling wrongful death personal injury claims and will fight for the maximum recovery for your losses. We take pride in providing personalized service tailored to each individual’s needs, ensuring their case is given the attention it deserves.

We approach wrongful death cases with professionalism and care. We understand that no amount of money can bring back a loved one or make up for the pain experienced by our clients. However, we believe in upholding justice and doing what we can to protect those affected from further harm. We are passionate about protecting the rights of individuals who have suffered an unfathomable loss due to another’s negligence. Contact us today at for legal help with your wrongful death claim in San Antonio.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action that is filed by the surviving family members of an individual who has died due to another person’s negligence or wrongful conduct. These claims can be brought against a wide variety of individuals, companies, and organizations. The purpose of these claims is to seek monetary compensation for the victim’s family for their loss.

Wrongful death claims are generally brought under state law, although federal laws may also apply in certain circumstances. To bring a successful claim, it must be proven that the defendant’s actions directly led to the death of the deceased individual and that his/her family suffered financially as a result of this death. Damages awarded in these cases can include funeral expenses, medical bills, lost wages, and the pain and suffering of the deceased.

When searching for an experienced wrongful death personal injury lawyer, it is important to find one who has experience handling similar cases in your area. A good lawyer will be knowledgeable about the laws in your state that apply to wrongful death claims and how they can be used to seek just compensation for you and your family.

It is also important to hire a lawyer who is compassionate toward you and your family’s situation, as this type of case can be emotionally taxing. The lawyer should understand what you are going through and work diligently on your behalf to get you justice for the wrongs that have been committed. You can find this and more at the Pelaez Law Firm, Crash Angels.

Do You Have a Valid Wrongful Death Claim?

To understand whether a person has a valid wrongful death claim, it’s necessary to look at personal injury law. In both instances, proving liability is necessary. If a victim could have filed a successful personal injury lawsuit had they survived, then their loved ones can likely file a wrongful death claim. However, proving liability means establishing that certain elements exist. If each of the following elements are present in a case, then you likely have a valid wrongful death claim:

Duty of care: Claimants must show that liable parties had a responsibility to avoid actions that could harm others. For instance, property owners are expected to maintain safe premises
Breach of duty: Any successful wrongful death lawsuit will show that the defendant breached a duty of care. For instance, a store owner may have stacked merchandise too high
Damages: No compensation can be awarded unless damages were sustained. For example, maybe falling merchandise resulted in extensive medical bills and emotional distress
Causation: Claimants seeking compensation must also show that the defendant’s breach of duty is what directly caused the relevant damages

Proving each of these elements can be an uphill battle, but the process can be easier with a San Antonio wrongful death attorney on your side. An experienced legal professional can help you understand your options and the best way to approach a case. Our law firm can also assist with ensuring filing requirements and all relevant deadlines are met. Wrongful death law in Texas can be complicated, but our law firm is here to help simplify things. Contact us today for a free consultation.

Who Can File a Wrongful Death Claim in Texas?

Following fatal car accidents, medical malpractice cases, violent assaults, and other wrongful death incidents, it’s important to understand who is eligible to file a claim. Unfortunately, not even the most experienced wrongful death lawyer in San Antonio can make an ineligible person eligible to file a wrongful death claim. For instance, a deceased person’s unmarried partner, siblings, and many other family members cannot file a lawsuit or seek compensation in most instances. Under Texas law, only the following individuals have the right to file:

Surviving spouse
Surviving children (biological or adoptive)
Parents (biological or adoptive)
The executor or personal representative of the deceased person’s estate

While only these individuals are eligible to seek compensation, there may be other options for surviving family members who wouldn’t typically qualify. For instance, perhaps a sibling could be designated as the estate’s personal representative. Unfortunately, these things can be very complicated — and that’s why it’s critical for you to speak with a San Antonio wrongful death lawyer before doing anything else. Unlike personal injury cases, the primary victim is not around to speak for themselves. At Pelaez Law Firm, Crash Angels, we’re prepared to be the voice of the voiceless.

What Are the Most Common Causes of Wrongful Death?

Wrongful death is a legal term that refers to the death of an individual as a result of negligence, recklessness, or intentional wrongdoing. Common causes of wrongful death include medical malpractice, car accidents, workplace accidents, and defective product usage.

Medical Malpractice

Medical malpractice is one of the most common types of wrongful death cases. Medical malpractice can occur when a doctor or healthcare provider breaches their duty of care by failing to provide the proper diagnosis and treatment for a patient’s condition. This could be due to an error in judgment, misdiagnosis, improper medication administration, or any other form of unacceptable action on behalf of the medical professional.

Car Accidents

Car accidents are another common cause of wrongful death. These types of cases can be tricky to prove, as fault must be established for a wrongful death claim to be successful. However, if negligence on behalf of the other driver is found, the family of the deceased may have grounds for a wrongful death suit.

Workplace Accidents

Workplace accidents are also a leading cause of wrongful death lawsuits. Employers are obligated to provide their employees with a safe and secure working environment, and when this duty is neglected, it can result in serious consequences such as injury or even death. The family of the deceased has the right to seek compensation for any medical expenses, funeral costs, and loss of wages incurred as a result of a workplace accident caused by an employer’s negligence.

Defective Product Usage

Defective product usage can also be a cause of wrongful death. In cases such as these, manufacturers have a responsibility to ensure that their products are safe and fit for purpose. When this duty is breached due to neglect or intentional wrongdoing, the family of the deceased may be able to make a successful wrongful death claim against the manufacturer.

Nursing Home Abuse and Neglect

Elderly individuals are often nearing the end of their lives, but sometimes, nursing home abuse and neglect can still result in an untimely death. When an elderly deceased person’s death is the result of wrongful acts in an assisted living setting, it’s important to hold negligent parties responsible. Not only will this help you secure justice for your loved one’s death, but it may also prevent others from facing a similar outcome.

Criminal Activities

Wrongful deaths are typically linked to unexpected accidents — even if such outcomes were foreseeable considering the acts of the negligent party. However, it’s also common to see a wrongful death action brought forward due to criminal acts. If your loved one died due to violent assaults, drunk driving accidents, or other crimes, a San Antonio wrongful death lawyer may be able to help you seek and secure fair compensation.

Premises Liability

The negligence of a property owner, tenant, or others who have a responsibility to maintain safe premises can result in serious injuries or even death. If you’ve lost a loved one due to such negligence in San Antonio, TX, it’s important to take immediate action. Do not give the responsible parties an opportunity to hide evidence that showcases their negligence.

Wrongful death claims can be complex and emotionally draining for those affected by the tragedy. If your loved one has been wrongfully killed as a result of negligence or recklessness on behalf of a third party, it is important to seek the advice of an experienced wrongful death personal injury lawyer in San Antonio. At Pelaez Law Firm, our dedicated legal team is here to help. Contact us today for a free case evaluation.

How Do Lawyers Prove That Someone’s Death Was Caused by Negligence?

Wrongful death personal injury lawyers are experienced in taking on cases where someone has died as a result of the negligence or wrongful act of another person or entity. While it can be difficult to prove that a death was caused by the negligence of another, there are certain steps and pieces of evidence that lawyers can use to make their case.

The first step is determining whether the death was caused by an intentional act or if it resulted from negligence. In cases involving intentional acts, such as assault or murder, prosecutors will usually need to prove intent before they can move forward with a wrongful death case. On the other hand, in cases involving negligent behavior, attorneys must show that the party responsible acted carelessly and failed to provide adequate safety measures or warnings to prevent death.

To prove negligence, wrongful death personal injury lawyers must collect and analyze evidence that can demonstrate a pattern of negligent behavior by the responsible party. This might include obtaining witness testimonies, medical records, surveillance footage, accident reports, and other pertinent information. Attorneys may also need to consult experts in various fields to gain a better understanding of how the incident occurred and why it caused the fatal injury.

Finally, wrongful death personal injury lawyers must make sure that their clients are fully compensated for their losses. This includes compensation for lost wages due to the deceased’s premature death as well as emotional distress suffered by surviving family members.

How Will Hiring the Right Wrongful Death Attorney Impact Your Case?

Wrongful death is a tragic event for which there can be no replacement. But if you have lost a loved one due to someone else’s negligence, you do have the right to seek justice and financial compensation through legal action. When it comes to wrongful death cases, hiring the right attorney can make all the difference in the outcome of your case.

When you retain an experienced and skilled wrongful death lawyer, they will bring their skill to bear on your case so that you receive fair compensation for your loss. The right attorney will thoroughly investigate what happened to determine who was responsible and why. This involves gathering evidence from any available sources, such as witness statements, police reports, medical records, and more. Your attorney will also be able to help you navigate the legal system, easing your burden and helping protect your rights.

Your lawyer will also use their knowledge of local laws and statutes to ensure that all applicable laws are applied in your case. You can trust that the right attorney is working hard on your behalf by filing motions, writing letters, negotiating with insurance companies, or even going to trial if necessary.

When it comes to wrongful death cases, emotions often run high for those involved. The process can be long and challenging, but having a skilled wrongful death lawyer on your side can help relieve some of the stress associated with such a difficult situation. Our attorneys understand what you’re going through, and they work hard to get justice for you and bring justice to your loved one.

What if Your Loved One Contributed to Their Own Demise?

Absolutely no one on this planet is perfect. This is true for everyone — including a family member who has died as a result of negligence. For instance, maybe a deceased person was speeding on the highway when an intoxicated driver ran a red light and caused a drunk driving accident. While the impaired motorist is certainly the primary liable party, a jury may decide that the accident was avoidable had the victim not been speeding. Fortunately, Texas is a comparative negligence state — and this means compensation may be available even when victims share liability.

When negotiating wrongful death settlements, this legal nuance will be incredibly important. Insurance adjusters handling wrongful death claims will try to solicit admissions from claimants that their loved one was somehow responsible for their own death. If they can accomplish this, they can justify offering even less than they planned on offering in the first place. This is why working with a wrongful death attorney in San Antonio is so essential. A legal professional knows insurance company tricks, and they can make sure an unfair settlement isn’t agreed upon.

However, comparative negligence will most affect cases that go to trial. Even if your loved one was partially liable, wrongful death attorneys may still be able to secure substantial compensation on your behalf. Texas law requires that damages be reduced by the percentage of the deceased person’s own level of liability. So, a $1 million court award may be reduced to $900,000 if the court decides that your loved one was 10% at fault in the incident. This is clearly complex, so don’t be afraid to contact our law offices for guidance.

What Damages Are Available in Wrongful Death Lawsuits?

If you lost a loved one due to negligence or other wrongful acts, there’s a good chance your claim will be resolved with a settlement offer. This is particularly true when the liable party either has substantial resources or insurance coverage. The simple fact is that an insurance company will avoid litigation whenever possible, as court awards are typically much higher than potential settlements. However, insurers will not always be fair in their dealings.

In these instances, it becomes necessary to file a wrongful death lawsuit. If the court rules against the defendant, the following damages are possible:

Special damages: Any monetary loss is covered by special damages. Compensation is often given for medical expenses, loss of financial support, burial costs, and more
General damages: Non-monetary losses fall under general damages. This compensation covers losses such as pain and suffering, emotional distress, loss of companionship, and more
Punitive damages: In cases where a defendant’s actions are particularly egregious, the courts may award additional damages as a form of punishment

In a perfect world, litigation would not be necessary. Liable parties would simply admit fault, and their insurance companies would fairly compensate those who faced loss. Unfortunately, it’s not a perfect world that we live in — and that’s why it’s important to work with an experienced San Antonio wrongful death lawyer. You don’t have to go through this alone, and since our law firm offers free consultations and doesn’t charge a fee if we don’t win, there’s no risk in reaching out.

We can’t turn back the clock and bring your loved one back, but we will advocate relentlessly on your behalf to ensure justice is served.

What Legal Hurdles Exist?

Unfortuantely, there are various legal hurdles that may arise during the course of a wrongful death claim. These are often unexpected by claimants, and those without the guidance of an experienced wrongful death attorney in San Antonio may find themselves unable to recover damages if they’re not careful. While most wrongful death cases settle before going to trial, factors that affect litigation will have a serious impact on settlement negotiations. After all, claimants have very little leverage if the potential for a lawsuit isn’t hanging over the head of the insurance company.

That’s why you should understand and anticipate the following issues:

Statute of Limitations

Similar to a personal injury claim, there is a deadline for filing legal action related to wrongful death claims. In Texas, the statute of limitations for wrongful death is two years. Failing to file before this deadline expires will typically forfeit your right to do so. However, there are some exceptions to the rule. An experienced wrongful death attorney in San Antonio can help you understand whether you may qualify for such an exception.

Sovereign Immunity

It’s scary to think that the government may be entitled to more rights than individuals, but that’s exactly the case when it comes to wrongful death claims. If the negligent party involved in your loved one’s death is a government agency or related entity, there may be certain prohibitions on seeking compensation. Even when these entities are not protected, they typically face different rules. For instance, anyone filing a wrongful death claim must alert the government of their intentions within six months in Texas. These sorts of nuances make it clear that seeking legal help is critical.

Damage Caps

Unfortunately, there are certain damage caps that surviving family members and loved ones will face when seeking compensation in a wrongful death case. For instance, non-economic damages against healthcare providers are typically capped in Texas. While compensation can still be substantial, there are limits for damages related to emotional pain, loss of companionship, and other non-financial losses. There are also serious limits in Texas regarding punitive damages related to gross negligence and other egregious acts. Again, this is a complicated legal area — so speaking with an attorney is critical.

Employer Immunity

One of the leading causes of wrongful death in America is workplace accidents. If you lost a loved one due to such an incident, Texas workers’ compensation laws may preclude a legal claim. Typically, employers are immune from wrongful death cases. However, there are exceptions to this rule — such as when gross negligence or malicious intent is involved. Additionally, surviving family members may be able to seek compensation from third-party contractors and other parties who might have been involved in the incident.

Contact a San Antonio Wrongful Death Lawyer Today

Whether a loved one’s death occurs due to a car accident, medical malpractice, criminal assault, or any other wrongful act, it’s important to understand that you have rights under Texas law. The reckless or negligent party who caused your loss may be liable for damages, but it’s up to you to show that they’re responsible for what you’re going through. Fortunately, this is not something you have to do by yourself. In fact, no one has to file wrongful death claims on their own — and doing so is often unadvisable due to the complexities of the legal process. An experienced attorney can help.

At Pelaez Law Firm, Crash Angles, our goal is always to recover compensation on behalf of our clients. Whether your loved one’s death was due to a fatal accident or something more sinister, the legal system offers remedies that can help you seek justice. While we can’t bring back your loved one or get rid of the emotional pain you’re likely feeling, we can fight to ensure that liable parties are held accountable for their actions. If you believe you have a valid wrongful death case, contact our experienced attorneys today for a free consultation at (210) 801-9314.

At the Pelaez Law Firm, Crash Angels, our San Antonio wrongful death lawyers will fight for the justice that you and your family desperately deserve.