In the midst of your grief as you struggle to support your family after your spouse’s accidental death, you ask, “Can I recover money from the other party to support my family?” Our San Antonio wrongful death attorney believes you can with a wrongful death claim.
Wrongful Death Claim
Texas statute expresses that a wrongful death occurs when another party(s) “wrongful act, neglect, carelessness, unskillfulness, or default” caused the death of an individual. “Individual” includes unborn children from every stage of gestation until birth (Tex. Civ. Prac. & Rem. 71.001, et. seq.)
Our San Antonio injury attorney explains that you have grounds to file a wrongful death action when someone else’s negligence (e.g. medical malpractice, car or work place accident, toxic exposure, etc.) or intentional act (e.g. criminal behavior) caused the death of your loved one.
Following the death of your loved one, a spouse, children, parent, or personal representative may bring a successful wrongful death claim if any of the following can be proved:
- Surviving family members suffer monetary injury as a result of the untimely death
- A personal representative is appointed for the decedent’s estate.
A wrongful death claim is a personal injury claim filed on behalf of your passed loved one. For more information about wrongful death claims, contact Brylak Law.
You may recover for the following:
- Lost earning capacity
- Mental and emotional anguish, pain, and suffering
- Lost care, maintenance, support, companionship, comfort, or parental guidance
- Lost inheritance
- Medical expenses of the deceased
- Pain and suffering of the deceased
Punitive or exemplary damages are also recoverable to punish the wrongdoer and warn other people that such conduct is intolerable if the death was caused by gross negligence or a willful act or omission.
You may also recover damages the decedent suffered prior to his or her death via a survival action.
Contact a San Antonio Injury Attorney
With only two years from the date of your loved one’s death to file a wrongful death suit, our experienced San Antonio injury attorney at Brylak Law can assist you with your claim. Contact Brylak Law at 210.733.5533.