Wrongful death cases are likely one of the most emotionally trying types of lawsuits that a person can navigate in San Antonio. Even for our attorneys here at Carabin Shaw, a wrongful death never gets easier to stomach.
When a loved one recently became victim of wrongful death, doing anything more than grieving is no easy matter. Yet, seeking a wrongful death claim is vital to prevent future negligence and to recoup damages needed to survive the loss of a loved one.
It may, however, be unclear who can be held accountable for wrongful death in San Antonio. Though it is advisable to seek out our legal expertise on this matter, given the familiarity our lawyers have with this, there is some basic information that might be helpful after the loss of a loved one to a wrongful death.
Intentional Death LiabilityIn a wrongful death suit, there generally must be a party that is proven to have acted in a way that resulted in wrongful death. Often negligence and malpractice are what is often discussed by attorneys in regard to events surrounding wrongful death, but even intentional murder can be applicable.
If your loved one has been murdered, then you absolutely are able to file a wrongful death suit that anyone of our San Antonio wrongful death attorneys can assist you with. These cases are civil suits that can be filed by immediate family separately from criminal murder cases and can succeed even in the event that a criminal case fails, punishing acts that offenders might repeat without being legally held responsible.
Medical Negligence LiabilityAs mentioned, when considering who can be held accountable for wrongful death in San Antonio, it is commonly a question of negligence or malpractice. When a doctor or medical professional fails to provide an appropriate level of care, or fails to notice and warn a patient of a fatal condition that other medical professionals would find recognizable, they can be held liable for wrongful death. Carabin Shaw’s attorneys are not unfamiliar with these cases, having years of experience in navigating medical malpractice-related wrongful deaths in San Antonio.
Other Negligent PartiesNegligence is the other common factor that caused wrongful death. This can be anything from a drunk driver to a careless food service worker to a company that failed to safeguard their customers. Note that this is not strictly limited to a specific individual, as companies and bodies of government can be tried as the responsible party.
There are notable exceptions wherein there are other avenues through which negligence contributes to a person’s death, such as in the case of death at a person’s place of work, and it is always advisable to contact a San Antonio wrongful death attorney to better clarify who can be held accountable for wrongful death in San Antonio.
Liability of MinorsIn some cases of negligence, the negligence of a minor may have resulted in wrongful death. This is one area in which questions often arise. What if the recklessness of a 15-year old San Antonio high school student results in the wrongful death of a loved one? Technically, wrongful death is defined as when one’s life has been taken as a result from a willful or negligent act. Regardless of whether this was a tragic accident, if it was caused as a result of the actions of a specific party/individual then they can be held responsible. For the state of Texas, this is true for minors.
In the experience of the attorneys here at Carabin Shaw in San Antonio, these cases tend to be related to automobile accidents. In these cases, the party’s insurance (or their family’s insurance) may be insufficient in meeting the damages a wrongful death generates. Though it is possible to sue the parent or guardian of a minor, these cases require that the minor’s actions could have been reasonably prevented and weren’t by their parent or guardian.
Any case wherein wrongful death is being connected to a second party (e.g. a parent or corporation) brings this burden of proof that can be hard to establish. Though it is always advisable to seek the assistance of a qualified attorney, in these cases it is vital to do so.
If you think a loved one has been the victim of wrongful death, contact Carabin Shaw today. Our wrongful death attorneys have been advocating for families across Texas for over twenty years, holding those accountable for compensation necessary to making sure the surviving members are well taken care of after their loss.
Let us put our experience to work for your family. To schedule a free consultation with a wrongful death attorney in San Antonio, call our local offices at 210-222-2288.