Helping You Protect Your Rights after the Accidental Death of a Loved One
The death of a family member is always emotionally devastating, but it can be even more so when their death was the result of someone else’s careless or negligent act. In the immediate aftermath of a wrongful death, you can feel paralyzed by your pain, unable to take the necessary steps to protect your rights. The proven wrongful death lawyers at Bailey & Galyen will be there to help.
At the law offices of Bailey & Galyen, we have effectively represented families and individuals in wrongful death lawsuits for more than four decades. We know that no legal proceeding can bring your loved one back, but we also know that their absence in your life can be tangible, and that you have the right to hold those responsible accountable for their carelessness or negligence.
We have successfully represented clients in wrongful death actions for more than 40 years. Over that time, we have recovered hundreds of millions of dollars in judgments and settlements in personal injury and wrongful death lawsuits. We understand what it takes to get the outcome you seek—hard work, strong communication and a willingness to listen. We’ll take the time to learn the details of your case, as well as your needs and goals, so that we can tailor our advocacy to get the results you want. We believe that you are an integral part of the process. We’ll keep you up-to-date on all developments in your case, as well as your options and prospects for success, so that you can make informed decisions about your future. We work hard to return all calls and emails in a timely manner, and to be available and accessible when you need answers to your questions.
We provide a free initial consultation in all matters involving a potential wrongful death claim. For a meeting with a compassionate and detail-oriented San Antonio wrongful death attorney, contact Bailey & Galyen online or call us at 844-402-2992.
How Does the State of Texas Define Wrongful Death?
Under Texas law, a death will be considered “wrongful” if it is caused by the carelessness, negligence or legal misconduct of another person. Such a claim can be based on someone else’s intentional acts. In Texas, though, a death is considered wrongful if it was caused by “[a] wrongful act, neglect, carelessness, unskillfulness or default.” To succeed with such a lawsuit, you must demonstrate to the jury that the person who caused the death acted unreasonably under the circumstances. That may involve a failure to take reasonable measures while operating a motor vehicle, maintaining real property, designing or manufacturing a product, or maintaining a work environment.
Unlike many states, the Texas wrongful death laws apply to fetuses, as well as persons already born.
Isa Wrongful Death Lawsuit Just Another Type of Personal Injury Claim?
In Texas, a wrongful death action often has many of the same characteristics as most other personal injury claims. The essential difference, obviously, is that the victim has died and therefore cannot bring the lawsuit personally. For that reason, wrongful death actions in Texas are usually filed either by surviving family members or by the decedent’s estate. Under Texas law, if a surviving spouse, child or parent of the decedent fails to file a wrongful death lawsuit within 90 days after the date of death, the executor or personal representative of the deceased’s estate may bring such an action, provided that none of the family members have expressly indicated that they do not want such litigation initiated.
Furthermore, a wrongful death claim is not the same thing as a homicide prosecution under the criminal law. A criminal conviction can lead to incarceration and even capital punishment, and may involve restitution, whereas a wrongful death lawsuit seeks only damages—monetary compensation for any losses related the wrongful death.
What Is the Cause of Most Accidental Deaths in San Antonio?
Wrongful death is almost universally a consequence of negligence or carelessness, and can be based on a wide range of factual circumstances, including:
- Motor vehicle accidents—Wrecks involving cars, trucks, motorcycles and mass transit vehicles
- Slips, trips and falls—Injuries sustained on wet or slippery surfaces, broken stairs or sidewalks, defective or damaged carpet, or on linoleum or other flooring
- Construction site accidents, such as falls from heights, falling objects, work-related motor vehicle accidents, exposure to toxic substances, and the malfunction of or exposure to dangerous or defective tools, machinery
- Workplace accidents, including explosions, motor vehicle accidents, slips and falls, and large equipment or machinery mishaps
- The malfunction of or exposure to a dangerous or defective product, including appliances, motor vehicles or parts, toys, clothing, tools, sporting equipment and other products
Are There Limits on Who Can File a Wrongful Death Claim in Texas?
Yes. Texas law only grants certain parties the legal right to file a wrongful death claim. Eligible individuals include the surviving spouse, as well as any child or parent of the deceased. As mentioned previously, the executor or personal representative of the deceased’s estate may also seek file a claim after a wrongful death, but only if the spouse, children and parents fail to file a complaint within three months of death.
How Soon Must You File a Wrongful Death Lawsuit in Texas?
The Texas statute of limitations on personal injury claims, which includes wrongful death lawsuits, bans any claims that are filed more than two years after the date of death.
How Does a Wrongful Death Claim Differ from a Survival Action?
In Texas, the heirs and legal representative of estate of a deceased person have the legal right to file what is referred to as a “survival action,” which is essentially a personal injury claim on behalf of the decedent, seeking damages as if he or she were still alive. Those damages can include:
- Funeral and burial expenses
- Any unreimbursed medical expenses incurred because of the accident, but before death
- Any property damage resulting from the accident
- Lost wages or income caused by the injuries before death
Are Life Insurance Death Benefits Recoverable after a Wrongful Death in San Antonio?
Absolutely. As a general rule, life insurance policies pay out death benefits in the event of an accidental or wrongful death.
What Types of Damages Are Available in a Texas Wrongful Death Lawsuit?
In Texas, you can generally seek the following types of compensation in an accidental death action:
- The loss of financial support that the decedent would have provided
- The costs of all funeral and burial expenses
- The loss of care, support, services, advice and counsel that the decedent would have provided
- Compensation for any mental pain, anguish or other suffering of surviving family members
- Any lost inheritance, including amounts the decedent would likely have saved, had he or she survived
- Compensation for the loss of love, comfort, companionship, consortium and society of the decedent
Trust Our Skilled Wrongful Death Attorneys | Contact Us for a Free Consultation
At the law offices of Bailey and Galyen, with offices throughout Texas, we are dedicated to ensuring your total satisfaction with our services. You can call us at 1-844-402-2992 anytime, 24 hours a day, seven days a week. Appointments can also be scheduled online. We are happy to meet with you evenings or weekends, if necessary, and can travel for an appointment, upon request.
We handle all wrongful death lawsuits on a contingency basis. We will only charge attorney fees if we recover compensation for the death of your loved one.
