San Antonio TX 18 Wheeler Accidents & Wrongful Death Claims - Legal Options for Suffering Families
Texas is home to a multitude of congested highways and the greatest number of 18-wheelers in the country. These semi-trucks have been causing devastating collisions for years, and no end is in sight. San Antonio consistently ranks as one of the most dangerous cities for drivers in Texas and frequently sees these big rig injuries and fatalities.
If a loved one was injured or killed in a San Antonio truck accident, it is crucial to know your legal rights. If another person’s negligent or reckless conduct caused the accident, you have options. San Antonio wrongful death lawyers at Carabin Shaw will guide you in filing a claim and fighting for the compensation that is rightfully yours. We know this is a painfully difficult time, and will do everything possible to support you. Contact us today for your free case review.
Understanding Wrongful DeathBy Texas definition, a “wrongful death” is when the negligent, wrongful, unskillful, or careless act of a person has caused the death of another individual. If you believe this is what happened to your loved one, you can and should file suit against those responsible. Some key elements must be present for a wrongful death claim to be viable.
To deem another party negligent, there must be proof of the following:
- Duty of care - The defendant owed a duty of care to the victim
- Breach of duty - The defendant failed this duty
- Causation - Evidence as to how this breach of duty directly caused the death
- Damages - The death resulted in economic and non-economic losses
There are varying laws regarding these kinds of claims for eligible parties. Some states allow siblings and grandparents to file a wrongful death suit, but unfortunately, Texas does not.
In Texas, to be a claimant, you must be connected to the deceased in one of these ways:
- Spouse
- Children - biological or adopted
- Parents - if there is no surviving spouse or children
- Personal representative of the estate - if there is no surviving spouse, parents, or children
Police reports, witness statements, photographic and video evidence, and medical reports from your 18 wheeler accident in San Antonio TX will be necessary for a successful case. You should also be aware that there is a statute of limitations that sets a time limit for your case as well. In Texas, you have two years from the date of the death to file. If you wait too long to take action, you may lose your eligibility.
Wrongful death claims are exceptionally intricate and will demand the knowledge and experience that our team will provide. Your big rig accident lawsuit in Texas will require strong evidence from the accident, which must be able to clearly prove who is at-fault.
There are generally multiple entities connected to a semi-truck - the driver, trucking company, mechanic, etc. - and it may be difficult to determine who exactly is liable. An attorney will investigate every detail and ensure all guilty parties are held responsible.
Potential Compensation in a Wrongful Death ClaimNo amount of money can right this wrong, but compensation may help ease the financial burden this catastrophe has caused. A semi truck accident lawyer in San Antonio TX can determine the damages you should fight for. The settlement awarded can vary dramatically, as there are several variables. Generally, you do not have to pay taxes on this compensation, as the IRS does not consider this income.
The surviving family may be able to seek economic, non-economic, and punitive damages, including:
- Medical expenses
- Funeral/cremation/burial costs
- Loss of future income/benefits
- Loss of inheritance
- Loss of companionship
Carabin Shaw lawyers are well acquainted with Texas wrongful death claims and will fight to win the best possible settlement for you and your family. Our client reviews show the passionate and committed care we guarantee. Navigating the confusing legal system while grieving the loss of a loved one will demand all the support possible. We will guide you through every step. English and Spanish speaking staff are available to assist you at 800-862-1260. Contact us toll-free 24/7.
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