The emotional pain and grief of losing a family member can quickly turn to anger and frustration when you discover that your loved one’s death was someone else’s fault. If your family member suffered a preventable death due to another party’s wrongdoing, your family could recover compensation to help with the financial burden of your loved one’s passing while also demanding accountability and justice.
Our firm understands the financial and emotional consequences your family has been forced to deal with due to your loved one’s passing. We want to help your family heal. We have successfully represented thousands of clients in San Antonio, Central, and South Texas over the decades. Our firm is led by Troy A. Brookover, an attorney with more than 30 years of legal experience. Troy has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization – a distinction held by just over 1 percent of personal injury lawyers in Texas and which reflects proven legal experience, knowledge, and skill.
If you and your family have lost a loved one because of another party’s wrongful acts, you deserve to seek justice for your family member’s death and for the loss you have endured. Reach out to Law Offices of Troy A. Brookover for a free, no-obligation consultation to get the legal help you need from a knowledgeable San Antonio wrongful death lawyer.
Who Can File a Wrongful Death Lawsuit in San Antonio?
Under Texas’s wrongful death statute, a wrongful death claim may be filed only by and for the benefit of a decedent’s surviving spouse, children, and parents. One or more of these individuals may pursue the wrongful death suit for the benefit of all the surviving eligible family members.
After three months following a decedent’s passing, if none of the eligible family members have started a wrongful death claim, the decedent’s personal representative – such as the executor or administrator of their estate – may file a wrongful death lawsuit. However, the personal representative may not file the claim if requested by the decedent’s surviving spouse and surviving children and parents.
How Our San Antonio Wrongful Death Lawyers Can Help You
After losing a loved one in an accident, you are likely focused on grieving for your family member’s passing and on working to get their affairs in order. But when your loved one’s death was due to someone else’s wrongdoing, your family also deserves to pursue a legal claim to hold those at fault accountable for their actions.
Handling the investigation into the cause and circumstances of your loved one’s death
Identifying the parties who can be held liable in a wrongful death claim
Determining what insurance coverage or other financial assets may be available to compensate your family for your losses
Working with expert witnesses in accident reconstruction and finance to persuasively argue for the at-fault party’s liability and the financial compensation that you and your family deserve
Preparing and filing insurance and legal claims on behalf of your family
Communicating with adjusters and defense lawyers so that your family has the time and space to heal
Pursuing maximum financial recovery on your family’s behalf, either through a negotiated settlement or filing a lawsuit to seek compensation in court
Our San Antonio personal injury law firm is committed to standing up for families who have lost loved ones in accidents due to the negligence of others.
What Does Wrongful Death Refer to?
A wrongful death claim is a legal action that allows certain surviving family members of an individual whose death was due to another party’s wrongful act to recover compensation from the responsible party.
The at-fault party does not need to have committed a crime to be subject to a wrongful death claim. A family may have a claim against an at-fault party who causes a relative’s passing due to their negligence or other legal fault. Through a civil wrongful death claim, eligible family members can seek compensation for final medical bills, funeral and burial expenses, loss of support, and more.
What Do You Need to Prove in a Wrongful Death Case?
To recover compensation in a wrongful death case, you need to prove that your family member’s death was due to another party’s actions or failure to act. For example, this may involve establishing that a fatal car accident was due to another driver’s careless operation of their vehicle, such as by running a red light. If your loved one’s death was due to a dangerous consumer or pharmaceutical product, you would need to prove how the product was defective.
In addition to proving that someone else caused your relative’s death, you must also prove what losses your family has incurred. That may include demonstrating what financial contributions your loved one would have provided to the family if they had lived, calculating the value of the deceased’s services to the household, and demonstrating the emotional loss you suffered from their passing.
Compensation Available for a Wrongful Death
By filing a wrongful death claim, your family might be entitled to compensation from the party responsible for the death of your loved one. Although no amount of money can bring them back, compensation in a wrongful death claim could help relieve the financial strain from the sudden loss of support and help you find closure.
Financial recovery in a wrongful death claim can provide compensation for:
The loss of your loved one’s earnings and financial contributions to your family and household
Loss of the value of the growth of your loved one’s assets and estate, or the loss of inheritance that you and your family have incurred
Value of the services your loved one performed for your household and family
Loss of your loved one’s advice, counsel, and support
Loss of your loved one’s love, companionship, and society
Emotional and mental pain and anguish you and your family endure
In rare instances, our family could be entitled to exemplary damages, also known as punitive damages. Exemplary damages are not intended to compensate the family of a wrongful death victim but rather to punish the party at fault for the death when the at-fault party engaged in intentional or shockingly reckless conduct.
Statute of Limitations on Wrongful Death Cases in Texas
According to Texas Civil Practice and Remedies Code section 16.003, you have just two years from the date of your loved one’s passing to file suit. A lawsuit filed after the limitations period has expired will likely be dismissed, and you would lose your rights to hold those at fault for your loved one’s death accountable. Therefore, you should speak with a San Antonio wrongful death attorney from our firm as soon as possible.
What Are the Top Causes of Wrongful Deaths?
At Law Offices of Troy A. Brookover, we assist families who have had a loved one pass away due to:
Car Accidents
Truck Accidents
Motorcycle Accidents
Bicycle Accidents
Pedestrian Accidents
Bus Accidents
Boat Accidents
Dog Attacks
Premises Liability
Product Liability
Propane Explosion
Drug Injury
Medical Malpractice
Elder Abuse
Slip and Fall Accidents
Need to Discuss Your Wrongful Death Case? Contact Our Law Firm Today
Losing a loved one causes enormous stress, sadness, and frustration. A successful wrongful death claim cannot replace what you have lost, but it can help relieve your financial burdens and give you a measure of justice as you grieve.
You can put your case in our hands and get the time and space you need to heal. Our team has over 30 years of extensive legal experience and has assisted thousands of clients. We will treat you compassionately and work aggressively to recover maximum compensation for you and your family.
No. Wrongful death is not a crime under Texas law. It is a civil matter. In civil cases, victims seek compensation for their financial losses from a liable party. However, someone who causes a death because of their careless or intentional actions can potentially face criminal charges and penalties like fines and jail time. If convicted in a criminal court, the individual can end up in prison.
Is a careless relative responsible for causing the death of your loved one? You may be able to file a wrongful death lawsuit against them to seek compensation for your financial losses.
Filing a lawsuit against a family member can be emotionally taxing. It is always wise to consult an experienced San Antonio wrongful death attorney who can review your situation, identify all liable parties, and outline your options for pursuing compensation during this emotional and tumultuous time.
Finding a wrongful death lawyer to help you with the legal process after the death of a loved one can feel overwhelming. You need a compassionate attorney who cares about you and will tirelessly work to achieve the justice and fair compensation you need after your loss.
Follow these tips when searching for a San Antonio wrongful death attorney:
Ask for referrals or recommendations from family, friends, or colleagues.
Once you’ve identified likely candidates, schedule a consultation. Most attorneys who handle wrongful death cases offer free case reviews. Be sure you feel comfortable sharing intimate details about your loved one with that person.
It also helps to review an attorney’s relevant case results. You should work with someone who has an extensive track record of helping families like yours recover compensation after a tragic death.
Wrongful death lawsuits are civil matters, not criminal matters. However, careless individuals who cause the death of another person may also face criminal charges. For example, someone who causes death due to drunk driving can face criminal DUI charges brought by the state while also facing a civil wrongful death lawsuit brought by the deceased’s family members.
In Texas, the same family members who will benefit from the proceeds of a wrongful death suit can file suit. Those people are the deceased’s surviving spouse, children, or parents. They are the only relatives entitled to file a wrongful death suit.
If eligible relatives do not file a wrongful death lawsuit within three months of the victim’s date of death, the personal representative (executor) of the deceased individual’s estate can file the lawsuit if no one objects. The executor is named in the deceased individual’s will or estate plan. If no executor is named, the court will appoint one.
Texas defines wrongful death as one that results from a “wrongful act, neglect, carelessness, unskillfulness, or default.” Sometimes, it helps to think of wrongful death cases in terms of personal injury lawsuits. When a careless individual causes an accident that leads to an injury, the injured victim can file a personal injury lawsuit seeking compensation for their accident-related losses.
Wrongful death cases work similarly. However, when the accident caused by the careless individual results in death, a family member or the executor of the deceased’s estate must file a lawsuit since the victim cannot.
Texas law states that wrongful death settlements or awards are for the exclusive benefit of the closest family members of the deceased. Those relatives include the surviving spouse, biological and adopted children, and parents.
You pay taxes on your “taxable income.” When you recover compensation for your financial losses through a wrongful death claim or lawsuit, this money is not considered income by the Internal Revenue Service (IRS). That means you generally do not have to pay taxes on wrongful death settlement payouts.
However, there can be exceptions to this rule. When a death occurs due to highly reckless or malicious intent, a Texas court may award punitive damages. Punitive damages do not compensate you for your financial losses. Instead, they are a form of financial punishment meant to detour others from similar egregious behavior. Punitive damages are typically taxable. You’ll get a 1099 form that must be included with your taxes when you file.
