Losing a loved one due to the negligence, recklessness, or intentional actions of another can leave the surviving family members devastated. In the midst of grief, questions may arise about the available legal options and how you and your family members can pursue justice for your loved one’s untimely loss.
From understanding the concept of wrongful death to navigating the legal processes and seeking compensation, DJC Law aims to provide clarity and guidance for those seeking justice on behalf of their loved ones.
Why Choose Us
At DJC Law Firm, our personal injury attorneys boast a combined legal experience of over 80 years. Since our establishment, we've successfully secured more than $50 million in injury compensation for our clients and their families.
We build our foundation on the unwavering belief in affording each individual the utmost respect. Our dedication to prompt communication remains steadfast; we ensure the return of phone calls and the addressing of emails within a single business day. In fact, our personal injury attorneys enhance their accessibility by sharing their direct cell phone numbers with clients.
At DJC Law, we will advocate for your rights, ensuring you receive the support you need to rebuild your life without your loved one. Your well-being is our top priority, and we're here to stand by your side, securing the justice you rightfully deserve.
Some of our recent successes on behalf of personal injury clients include:
- $2.25 million settlement for a trucking accident
- $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 a loved one due to the negligence of a commercial truck driver and company.
- $1.3 million for the adult children of an elderly pedestrian killed by a negligent motorist backing out of a parking lot. They received $805,972.82 after attorney fees, medical liens, and costs.
- $955,000 for the family of a man who fell at a construction site and eventually died from his injuries. Our competent wrongful death attorneys settled this case for nearly all policy limits. They negotiated down the medical liens so that the client's family could receive $602,000 after attorney fees, medical liens, and case expenses.
- $525,000 for the family of a man killed by a drunk driver. The family received $401,767.14 after attorney fees, medical liens, and expenses.
Our San Antonio office is conveniently located Northwest of Muriel Forbes Elementary School and Northwest of Hot Wells Middle School at:
2374 East Southcross Boulevard
Suite 2342
San Antonio, TX 78223
What Is a Wrongful Death Case Worth?
Determining the worth of a wrongful death case in Texas involves evaluating the loss and its impact on the surviving family members.
While every case is unique, we generally consider these factors in assessing the potential value of a wrongful death case:
- Economic damages: These include financial losses such as medical expenses related to the deceased person's final illness or injury, funeral and burial costs, and loss of the deceased person's future income and benefits.
- Non-economic damages: These encompass intangible losses like the pain and suffering endured by the deceased person before their passing, the emotional distress experienced by family members, loss of companionship, and loss of consortium (spousal relationship).
- Punitive damages: In cases involving gross negligence or intentional misconduct, the court may award punitive damages to punish the responsible party and deter similar behavior in the future.
- Lost earnings and benefits: Estimating the value of the financial contributions the deceased person would have made to their family over their lifetime, including salary, benefits, and other forms of support.
- Loss of inheritance: The potential inheritance that surviving family members should have received had the deceased person lived a full life.
- Loss of household services: Valuing the services the deceased person should have provided to the family, such as childcare, housekeeping, and home maintenance.
- Evidence of negligence or wrongdoing: The strength of the evidence showing that someone else's negligence caused the death or wrongdoing can influence the potential compensation.
Unfortunately, there's no fixed formula for calculating the worth of a wrongful death case, as the value can vary significantly based on individual circumstances.
Consulting an experienced San Antonio wrongful death attorney with vast knowledge of Texas wrongful death laws is crucial to properly evaluate the potential value of your case and ensure that your rights and interests are protected.
Where Do Wrongful Death Accidents Occur in San Antonio?
Wrongful death accidents can occur in various settings throughout San Antonio.
While each case is unique, here are some common places where wrongful death accidents might happen in the city:
- Roadways and intersections: Car accidents, pedestrian accidents, and motorcycle crashes can lead to wrongful deaths on busy streets, highways, and intersections, such as IH 35 and Walzem Road or Loop 410 and San Pedro Avenue.
- Public spaces: Slip and fall accidents, unsafe premises, and negligent security in places like malls, parks, and recreational areas can result in fatal injuries. These might include the Riverwalk, The Alamo, Confluence Park, or North Star Mall.
- Workplaces: Industrial accidents, explosions, fires, and exposure to hazardous substances in factories and warehouses can lead to wrongful deaths.
- Residential areas: Accidents like swimming pool drownings, dog attacks, and falls in residential properties can result in tragic fatalities.
- Construction zones: Accidents involving road construction, heavy machinery, and worker negligence can lead to wrongful deaths in construction zones.
- Private properties: Accidents in private homes, properties, and rental units due to hazards or unsafe conditions can lead to wrongful deaths.
Wrongful death accidents can occur anywhere and often happen unexpectedly due to negligence, recklessness, or other factors. It's important to consult with an experienced wrongful death attorney in San Antonio if you believe a loved one's death resulted from another party's negligence or wrongdoing.
Wrongful Death Claims
What Is a Wrongful Death?
A wrongful death occurs when someone's negligence, recklessness, intentional actions, or misconduct takes another person’s life. In such cases, the responsible party's actions directly lead to the fatal injury or event.
Wrongful death claims seek legal accountability and compensation for the surviving family members who have suffered emotional, financial, and other losses due to the death of their loved one.
Examples of situations that might lead to a wrongful death in San Antonio include:
- Car accidents caused by a reckless driver
- Workplace accidents caused by unsafe conditions or negligence
- Defective products leading to fatal injuries
- Acts of violence resulting in death
- Nursing home negligence causing a resident's death
- Construction site accidents due to unsafe practices
- Slip and fall accidents in poorly maintained premises
- Accidents caused by intoxicated or distracted drivers
In a wrongful death case, the surviving family members, such as spouses, children, parents, or other dependents, may file a lawsuit seeking compensation for various damages, including medical expenses, funeral costs, lost future income, emotional pain, and loss of companionship. The legal process varies by jurisdiction, so consult an experienced San Antonio wrongful death attorney who can guide you through a wrongful death claim and seek justice and appropriate compensation for your loss.
Who Can File a Wrongful Death Claim in Texas?
Given that the deceased individual can't initiate a lawsuit for their own demise, Texas law must define who possesses the authority to do so on their behalf. In Texas, the initial right to bring forth a wrongful death lawsuit belongs to any surviving spouse, children, and parents of the deceased. Grown children may initiate a wrongful death lawsuit after their parents' passing.
Should these family members fail to file a wrongful death lawsuit within a three-month timeframe after the individual's death, the role of filing the claim can then be assumed by the personal representative or executor of the deceased's estate. However, if any family member voices the desire to abstain from pursuing a wrongful death claim, the law precludes the personal representative from seeking legal recourse against a family member's wishes.
To learn if you can file a claim, speak with our wrongful death attorneys at DJC Law today.
Types of Injuries that Give Rise to Wrongful Death Claims
Common injuries that can cause a loved one's family to bring a wrongful death claim include:
- Internal injuries and bleeding
- Severe burns
- Spinal cord injuries (SCI)
- Traumatic brain injuries (TBI)
- Amputations
- Severe bleeding
- Multiple severe bone fractures
Fighting the Insurance Company
Dealing with an insurance company for a wrongful death claim can be an extremely tough and emotionally draining journey. Coping with the heart-wrenching loss of a loved one becomes an even heavier burden to bear when you add the complexities of battling an insurance company.
Unfortunately, insurance companies often prioritize their profits and try to minimize their financial responsibilities. This leads them to use different strategies to challenge or lessen the value of a wrongful death claim, making an already challenging situation even more stressful. They may shift blame, doubt the seriousness of the incident, or weaken the connection between the person who passed away and the person making the claim.
Moreover, the legal aspects and complexities of wrongful death claims can feel overwhelming for grieving families already grappling with their sorrow. The emotional toll, combined with the technical details of the legal process, can leave families swamped and exposed.
In these trying times, having the support of an experienced wrongful death attorney is essential. A skilled San Antonio wrongful death attorney can navigate the intricacies of dealing with insurance companies, allowing families to focus on healing and honoring their loved one's memory.
Despite the tough battle, our committed San Antonio wrongful death lawyers can provide solace and enhance the likelihood of reaching a fair resolution and obtaining justice for your beloved.
What to Do After a Wrongful Death Accident?
Besides enlisting the help of an experienced San Antonio wrongful death attorney to manage your wrongful death claim, you can increase the likelihood of a successful outcome by:
- Keeping receipts: Invoices for medicines, prescriptions, supplies, or other necessities related to your loved one's passing serve as vital proof when pursuing compensation for the expenses you or your loved one incurred.
- Obtaining copies of reports: Whenever possible, secure copies of relevant reports like police records, incident reports, and any other documentation associated with the incident, injuries, and property damage. These records can significantly improve the credibility of your claim.
- Compiling documentation for legal consultation: When you consult our San Antonio wrongful death attorneys, gather and present all your receipts and pertinent paperwork. Having these documents readily available during the consultation will aid in constructing a comprehensive grasp of your case.
Do You Have Questions about Wrongful Death Claims? Contact DJC Law Today
Are you seeking answers regarding wrongful death claims? Reach out to DJC Law today. Our dedicated team of legal professionals is here to address any questions or concerns you may have about the complexities of wrongful death claims.
If you have recently lost a loved one, please accept our deepest condolences. We understand the emotional and legal challenges you may face during such a difficult time, and we're committed to providing the guidance and support you need. With years of experience handling wrongful death cases, our knowledgeable attorneys can offer you the insight and experience necessary to navigate the legal process effectively.
Your peace of mind matters to us, and we're here to support you every step of the way. Contact the personal injury law firm in San Antonio today for your free consultation and begin the journey toward seeking justice and fair compensation for your loved one's wrongful death. You can reach us at (210) 220-2222 or online.