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Wrongful Death

San Marcos Wrongful Death Attorneys

Comprehensive Legal Support for Wrongful Death Claims in Hays County

When someone dies due to the negligence of another party, it is considered wrongful death, a tragedy that can devastate families and cause lasting emotional damage. In Texas, certain surviving family members have the right to file a lawsuit against the responsible party and seek compensation for their loss. Even seemingly straightforward wrongful death cases involve complex legal issues, so hiring an experienced trial attorney who understands all aspects of this type of litigation is extremely important to protecting your and your family’s interests. 

If you recently lost a family member due because of negligence, The Law Offices of David C. Hardaway are here for you during this unimaginably difficult time. No one should have to lose a loved one in these circumstances, which is why we are committed to helping families obtain justice. Our San Marcos wrongful death lawyers fight hard for our clients and will do everything in our power to deliver an optimal outcome. We also recognize the immense trust that you place in us by choosing our firm to represent you, which is why we champion honesty, transparency, communication, and accessibility in everything we do. Our attorney always returns phone calls within 24 hours and will go the extra mile to ensure your comfort and confidence from beginning to end.

To schedule a free, no-obligation consultation, call (512) 846-9966 or contact us online. We take wrongful death cases on a contingency fee basis, so you owe no legal fees unless we help you recover compensation. 

Understanding Your Rights in a Texas Wrongful Death Claim

Under Texas law, you generally have a wrongful death case if your loved one died because of another person’s or organization’s “wrongful act, neglect, carelessness, unskillfulness, or default.” Put another way, if another party’s actions (or failure to take reasonable action) directly led to the victim’s suffering fatal injuries, you may have a strong claim. This means that you can in many instances sue someone who murdered your loved one. 

Another good way to think about wrongful death is to consider whether the victim would have been entitled to file a personal injury lawsuit had they survived. If the victim suffered their fatal injuries in a car crash or truck accident caused by a negligent driver, for example, they would have been able to file a lawsuit against the negligent driver had they lived.

If you are still not sure whether you have a wrongful death claim, The Law Offices of David C. Hardaway can help. Our San Marcos wrongful death attorneys will listen to your story, carefully investigate what happened, and determine whether you have a strong case. From there, we will explain how the legal process works and what you can expect moving forward.

Eligibility to File a Wrongful Death Lawsuit

You should not assume you automatically have the right to file a wrongful death lawsuit on behalf of someone, even if you were extremely close to the victim. Texas law limits who can take this type of legal action.

The surviving spouse, children (both biological and adoptive), and parents (both biological and adoptive) of the victim are typically eligible to file a wrongful death lawsuit on behalf of their loved one in Texas. Other types of family members, including siblings, are not eligible. Significant others, including longtime but unmarried dating partners, also cannot bring wrongful death lawsuits. Note that adoptive children cannot file wrongful death claims on behalf of their biological parents if they could eventually become eligible to bring a claim on behalf of their adoptive parents. 

If no legal action is taken by a surviving spouse, child, or parent within three months of the victim’s passing, the representative of their estate gains the right to bring a claim. The representative of a person’s estate is usually named in their will, though if the chosen representative is unavailable (or no enforceable will exists), the court will appoint a representative. If you have questions about who can and cannot file a wrongful death lawsuit in your case, we are happy to answer them. 

What Damages Can I Recover in a Wrongful Death Lawsuit in Texas?

No dollar amount can replace your lost loved one. Still, your family should not have to shoulder the financial burden left behind by their untimely passing. However, you can only recover compensation for wrongful death if you start the legal process before Texas’s statute of limitations expires. That means you only have two years from the date of your loved one’s passing (not the date they sustained fatal injuries) to file your lawsuit.

Our San Marcos wrongful death lawyers will fight to get your family just compensation for economic and non-economic losses, including:

  • The victim’s medical expenses
  • Funeral and burial expenses
  • Lost earning capacity
  • Lost household services.
  • Lost inheritance (what the victim would have reasonably earned and gifted had they lived)
  • Lost care, love, companionship, and counsel
  • Mental anguish

Our firm is prepared to handle wrongful death cases in many areas throughout the region, including but not limited to San Antonio, Seguin, Gonzales, Guadalupe, Wilson, Medina, Comal, Caldwell, Bastrop, Bexar, and Blanco Counties. Contact us online or call (512) 846-9966 to discuss your family’s legal options.