San Antonio Wrongful Death Lawyers

Texas allows adoptive parents and children to file survival claims, but adopted children cannot file a survival claim for biological parents, nor can siblings claim for the loss of another sibling.

If a family member does not pursue legal action within three months of their family member’s death, the person representing the deceased person’s estate can initiate a wrongful death claim. The estate representative can be a relative, friend, attorney, or other legal representative, and any compensation the representative receives will likely go to the family of the deceased’s estate.

You — or the representative of the decedent’s estate — must also file a claim within the personal injury statute of limitations, which is the length of time a person has to bring legal action. In Texas, the statute of limitations for wrongful death cases is two years from the date of the individual’s death, but exceptions apply. It’s vital to consult a San Antonio wrongful death lawyer as soon as possible after your loved one’s death to discuss when you should file your claim.

An autopsy is not necessarily required, but it can support your case. Autopsies can reveal the exact cause of death, such as injuries sustained in a car accident, a product’s faulty design, a doctor’s mistake, or another action resulting in wrongful death.

Your damages may be capped depending on your case. Section 74.303(a) of the Texas Civil Practice and Remedies Code states damages should not exceed $500,000 for each claimant in wrongful death claims against physicians or healthcare providers.

In car accident cases, caps for compensation might apply based on insurance policy coverage.

Punitive damages are also subject to a cap.

The Internal Revenue Service (IRS) categorizes wrongful death settlements as compensation for physical injuries, so you won’t pay tax on your payout.

However, punitive damages are taxable. A San Antonio wrongful death lawyer can advise on how much tax you can expect to pay based on the damages you receive.

Who receives compensation depends on the claimants and whether they’re suing on behalf of someone else. If the beneficiaries are minor children, the court usually appoints a representative to protect the child’s interests and ensure they receive their payments.

If you are an adult, your experienced wrongful death attorney will initially receive the settlement check from the insurance company and deposit it into a trust account. Once the check has cleared, your wrongful death attorney will deduct any fees and process your settlement.

If your wrongful death suit goes to trial, a jury may decide how to split compensation among claimants. If you settle your case out of court, your wrongful death lawyer in San Antonio can help you decide how to divide the settlement amount.

Settlements tend to favor children. The minor’s representative will ensure any child or children receive a fair portion of the settlement.

How much you can sue for wrongful death depends on several factors, including whether or not the defendant (the person, company, or entity you are suing) offers a settlement or lets the case play out in court. If the case goes to trial, the amount you receive will be determined by the jury.

Wrongful death payouts can amount to six or seven figures. Recently, we have seen auto manufacturer Tesla settle a case with the family of Apple engineer Walter Huang, who was killed in a crash caused by the car’s Autopilot feature failing to prevent an accident. The settlement was not disclosed, but we can assume it was substantial.

There is no limit as such on wrongful death lawsuits. However, Texas law does cap damages when certain criteria apply.

The amount you might receive depends on the strength of your case, the advocacy of your attorney, and how negotiations play out.

Our San Antonio wrongful death lawyer can explain your options and will work to negotiate the best possible settlement on your behalf and zealously represent you at trial if required.

How long it takes to settle a San Antonio wrongful death claim can vary widely based on the complexity of the case and the willingness of the at-fault party to accept liability. If the person or party responsible does not dispute their role in causing your loved one’s death, they may want to settle quickly — although a lengthier negotiation can result in a bigger payout. However, cases can take years to resolve, such as if you file a lawsuit and must go through the lengthy pre-trial process and await your day in court.

Wrongful death settlements — like most settlements — are typically paid out in a lump sum. Your attorney will receive your settlement and deposit it into a trust account before deducting liens (outstanding bills) and your legal fees. This means that once you receive your settlement, you do not have to worry about further deductions or paying your lawyer. Then, your attorney will process your settlement and you will receive your compensation.

However, settlements may also be paid over time — called a structured settlement. This can occur if the liable party is ordered to pay more than they might have, where the settlement is deducted on a pre-agreed schedule.

To prove wrongful death in Texas, you must demonstrate more likely than not that:

• The defendant owed a duty of care to the deceased
• The defendant breached that duty through negligence or wrongful action
• This breach caused the death of your loved one and resulted in damages (including burial expenses, medical fees, pain and suffering, and loss of companionship).

The evidence supporting each of these elements of the burden of proof will vary based on how the accident happened. For example, if a drunk driver caused the death of your loved one, evidence demonstrating the driver’s liability might include the crash report filed by the police, photographs of the scene, the result of the blood alcohol test proving the driver’s intoxication, and medical bills proving the costs you’ve incurred due to your loved one’s loss.

One of the biggest wrongful death lawsuits in U.S. history comes from Nebraska, where 19-year-old Tyler Thomas was killed by Joshua Keadle, who was Tyler’s classmate. Thomas’s family initially filed lawsuits against the student and the college they attended, but the court dismissed the latter suit, ruling that the college could not have reasonably foreseen Keadle would commit violence. The lawsuit against Joshua Keadle went ahead and the jury awarded $2.6 billion in damages. The majority — $2.4 billion — was punitive damages, which under Nebraska law, were paid to the local school district.

In another case out of North Dakota, a jury awarded $1.127 billion after a 2015 car crash. The defendant, 28-year-old Jordan Morsette caused an accident that killed 22-year-old Abby Rentschler and 21-year-old Taylor Goven. A third woman, Shayna Monson, survived the crash but suffered a traumatic brain injury.

The driver was three times over the legal alcohol limit.

Shayna Monson received $170 million in compensatory damages and $295 million in punitive damages, while the families of Goven and Rentschler each received $36 million in compensatory damages and $295 million in punitive damages.

Prosecutors charged the defendant with two counts of criminal vehicular homicide and one count of criminal vehicular injury to which Morsette pleaded guilty. He was sentenced to 25 years in prison.

A personal injury attorney with experience in wrongful death cases is best suited to handle such lawsuits. They have the specific expertise required to navigate the complex legal and emotional aspects of these cases. Our wrongful death lawyer in San Antonio is experienced in handling wrongful death claims arising from many types of accidents, including car accidents, truck accidents, motorcycle accidents, slips and falls, and product liability.

Our San Antonio wrongful death attorneys work on a contingency fee basis. This arrangement allows your lawyer to receive payment only if you receive compensation.

You should discuss fee expectations and deductible expenses with the law firm you’re considering hiring before finalizing the terms of your representation.

At Patino Law Firm, we offer a free, no-obligation consultation with our San Antonio personal injury lawyers so you can find out where you stand and decide whether we’re the right firm for you.