If a family member or loved one died due to someone else’s negligence, our San Antonio wrongful death lawyers can help you get compensation. At times like these, the last thing you want to think about is legal procedures.
Yet, getting compensation for a wrongful death can help the bereaved focus their energies on overcoming their grief without financial stress. That’s why it’s essential to enlist the help of an experienced wrongful death legal team, such as our experts at George Salinas Injury Lawyers.
It’s common for our clients to ask us:
We’ll address all these questions on this page. For now, it’s important for you to know that:
Our San Antonio wrongful death attorneys at George Salinas Injury Lawyers will gather the necessary evidence to prove negligence. With a strong case, the deceased’s loved one will be able to get compensation benefits to overcome their grief without financial stress.
The most frequent question our clients ask us is:
How do I know if my case involves a wrongful death?
In this regard, Texas law is very clear: wrongful death occurs due to someone else’s negligence. In order to establish fault, a concept called “duty of care” is used as a starting point.
What is “duty of care”?
There are many circumstances in which somebody has a duty of care to another, such as:
If a person or entity with a duty of care breaches this responsibility, then they would be negligent. Take for example:
In all four of these cases, we’re talking about negligence.
If the law is clear on wrongful death, why do I need a wrongful death lawyer to sue? Can’t I do it on my own?
This is one of the most frequent questions that our clients have. Unfortunately, it’s almost impossible for somebody to win a wrongful death compensation case on their own.
To ensure that justice is done, our wrongful death attorneys at George Salinas Injury Lawyers take the following actions:
Did you lose a family member or loved one due to somebody else’s negligence? At George Salinas Injury Lawyers, we’re ready to help you get justice – no matter your immigration status or that of the deceased. We always guarantee the privacy of your personal information.
You’re not alone. We speak Spanish and English, so call us at 210-225-0909 or fill out this form to schedule a free and confidential consultation.
Any type of accident can result in a victim’s death. Even seemingly minor injuries can lead to fatal scenarios if proper medical attention isn’t given.
In an effort to prevent potential fatalities, here are the five most common causes of wrongful death in San Antonio:
Negligent deaths due to traffic accidents involve collisions between cars, trucks, motorcycles, bicycles and/or pedestrians. According to the Texas Department of Transportation, the most common negligent actions by drivers include the following:
In addition, some fatal accidents are the result of mechanical failures or poor road conditions. In these cases, the negligence doesn’t lie with the driver, but with the companies or government agencies responsible for maintaining the vehicles and roads.
Construction sites are full of hazards and the accident risks may be numerous. That’s why companies have a legal obligation to constantly train workers in the use of machinery and periodically update them on the latest safety and emergency protocols.
They’re also obliged to ensure that all elements of the facilities are perfectly safe. For example, if a worker dies from a fall due to a poorly placed scaffold or a loose handrail, the company is liable for that death due to negligence.
This category involves any death resulting from negligent medical interventions. Doctors owe a duty of care to their patients. In other words, they are obligated to provide proper treatment. If after treatment or surgery a patient dies from a disease they didn’t have previously, we’re talking about medical malpractice.
For example, if the medical team responsible for an operation leaves a scalpel inside the patient’s body and it punctures an internal organ, resulting in death. This would be a case of medical malpractice and the bereaved are entitled to receive a range of compensation benefits from the hospital.
Fatalities caused by slips or falls occur mainly due to gross negligence on the part of the authorities responsible for the maintenance and conditions of the facilities where the accident occurred. For example, this category includes fatal injuries caused by a fall on the slippery stairs of a store, supermarket or public office.
In these cases, companies are legally required to clearly mark the hazard with a “wet floor,” sign, accompanied by the appropriate symbol (and often with the sign written in both Spanish and English).
Any work-related fatal accident falls into this category. Most of these cases occur within the workplace and are associated with the use of dangerous machinery. For example, mechanical equipment with sharp features is commonly used in the textile and food processing industries.
Fatal accidents usually occur because of equipment failure or because the company didn’t properly train workers to handle the equipment. In both cases, we would be talking about negligent deaths.
On-the-job accidents can also happen outside the company’s premises. For example, a moving company would be liable if a worker dies from being crushed due to insufficient equipment or a lack of training.
Sometimes wrongful deaths occur due to fatal accidents where the victim dies instantly. For example, when falling from a high height at a construction site or suffering a brutal traffic accident.
However, in many cases, wrongful deaths are caused by serious injuries that become worse or end up killing the victim some time after the accident.
Here are the three most common types of injuries that result in wrongful death.
Brain injuries are often unpredictable. Traumatic injuries are high-risk, causing bruising, tissue tears, bleeding and various injuries that can lead to the death of the victim within a few days.
In addition, brain injuries may produce such severe and sometimes irreversible health conditions that removing medical devices (such as an artificial respirator) would result in death. Some of these conditions include:
Just like wrongful death claims, the victim’s family members (parents or children) in these situations are entitled to file for compensation benefits.
In severe spinal injuries, there’s a high risk of death during the days following the accident. The spine has 33 vertebrae and multiple nerve networks running along the back from the base of the brain to the waist. Ultimately, it’s responsible for much of the body’s mobility.
The most severe injuries are those that shatter one or more vertebrae and reach the spinal cord (located inside the vertebrae), which is responsible for transmitting pain messages to the brain. These injuries are usually associated with varying degrees of paralysis, whether paraplegia (not being able to move the lower part of the body) or quadriplegia (not being able to move any limb below the neck).
3. Electrocution and burns
Electrocution is when a person comes into direct contact with an electric current and suffers injuries to the skin or internal organs. Some of these injuries can be fatal, such as:
According to their severity, burns are assigned a degree. The most serious and potentially fatal burns are those of the fourth degree, which destroy skin, tissue, muscle, tendons, nerve endings (the affected areas lose sensitivity) and even reach bone.
These types of burns, which are also referred to as “sixth-degree” burns, usually occur during chemical explosions or fires (which are present in high-risk workplaces, such as oil rigs).
After suffering the loss of a loved one in a wrongful death, the most important thing is to seek justice and be able to grieve peacefully, without financial stress.
To achieve this, it’s necessary to consider these steps for building a successful claim for wrongful death compensation benefits:
The amounts awarded to accident victims tend to be higher for more severe injuries. As a result, wrongful death cases tend to receive the most compensation.
However, it’s difficult to state an average amount. Every case presents its own circumstances, which determine the calculations for the final amount received by the bereaved. Typically, these circumstances concern whether the at-fault party is insured, how many insurance companies are involved in negotiations and the number of victims to be compensated.
There are two types of compensation benefits: economic and non-economic damages. One way to get an approximate estimate of the final amount is to calculate expenses based on the following items:
These damages include compensation for all psychological injuries resulting from the incident, such as:
Texas law establishes different time periods for filing a wrongful death claim depending on the type of accident. The average time for victims’ families to file a wrongful death claim is 2 to 6 years.
However, we recommend contacting an attorney immediately. The more time that passes between the tragedy and the lawsuit, the more difficult it will be to reconstruct the circumstances of the accident, gather evidence and present a strong case.
The time it takes for a wrongful death case to be resolved depends primarily on whether or not it goes to court.
If it doesn’t go to court, it can be resolved in a matter of weeks or months. This occurs if the at-fault party offers compensation that is satisfactory to the bereaved.
If the parties don’t reach an agreement, the case must be settled in court. This means that a jury will determine the amount of compensation to be paid by the negligent party. These cases can take several months or even years.
That’s why it’s so important that victims’ rights are defended by George Salinas Injury Lawyers, as only an expert legal team can accurately advise you on what your best legal options are.
Did you lose a loved one due to someone else’s negligence? You’re entitled to compensation to help cope with your grief without financial stress. We speak Spanish and English, so call us at 210-225-0909.
You’re not alone. Our wrongful death attorneys at George Salinas Injury Lawyers are ready to help you – regardless of your immigration status.
When you hire a wrongful death attorney from George Salinas Injury Lawyers, you don’t have to pay anything out of pocket. This is possible because our experts work on a contingency fee basis and use their own resources. Only if we win your case do we receive a percentage of the total amount of compensation.
If a loved one was wrongfully killed, you have the right to sue and obtain compensation benefits regardless of your immigration status or that of the deceased. Texas law protects you and our wrongful death attorneys at George Salinas Injury Lawyer will defend your interests and ensure the privacy of your personal information.
We’ve won millions of dollars in compensation for our clients and specialize in wrongful death cases caused by negligent parties. George Salinas’ career as a San Antonio personal injury lawyer is impressive. He was selected in the top 100 best lawyers in the U.S. by The National Trial Lawyers (2019) and in 2020 he was named a “Texas Super Lawyer.” Our firm’s staff is fully bilingual (we speak both Spanish and English) and we offer free consultations to evaluate each case.
Under Texas law, those who have the right to sue for wrongful death compensation benefits are spouses, parents and children (including through adoption). If three months pass and none of these family members file a claim (which may be made individually or jointly), the right to do so passes to the executor of the deceased’s will.
In case you’re unsure whether you’re entitled to seek wrongful death compensation, consult an experienced attorney at George Salinas Injury Lawyers for advice. In the case of minors, the law states that a minor can sue for wrongful death only if they’re the only living relative of the deceased.
It’s very likely that a representative of the at-fault party’s insurance company will approach you to offer immediate financial compensation in exchange for your signature on a document releasing them from liability. Keep in mind that insurance companies represent the interests of their shareholders, not the victims.
For this reason, they’ll always seek to pay as little as possible and often use unethical strategies, such as taking advantage of the family’s state of shock to get them to sign agreements that leave them unprotected. Remember that in these situations you should refuse to sign anything and immediately contact our San Antonio wrongful death attorneys at George Salinas Injury Lawyers.