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 claims involve complex legal issues, so hiring an experienced wrongful death 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 to 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 wrongful death attorney in San Marcos fights 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 claims 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 claim 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 wrongful death lawyer in San Marcos will listen to your story, carefully investigate what happened, and determine whether you have a strong claim. 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 claim, we are happy to answer them. 

Common Causes of Wrongful Death in San Marcos

In San Marcos, wrongful death occurrences are often the result of various causes, each requiring careful legal examination to ensure justice is served. Automobile accidents, including those involving trucks and motorcycles, are frequent contributors, often exacerbated by speeding on highways like I-35 or distracted driving. Additionally, workplace incidents, especially in construction or industrial settings, can cause fatal injuries if safety standards are inadequately enforced. Medical malpractice is another common area, where medical professionals may fail to provide the proper standard of care, leading to tragic consequences. Each of these scenarios demands thorough investigation and legal insight to hold the liable parties accountable.

Even local environmental conditions can play a role, with flash flooding common in some parts of Texas, sometimes leading to fatal accidents. Establishing a solid wrongful death claim involves not only identifying the immediate cause of death but also understanding the broader circumstances that contributed to the tragedy. This process often requires collaboration with experts in traffic safety, occupational health, or medical practice to build a comprehensive picture that supports the pursuit of compensation for grieving families.

How Our Legal Approach Benefits Families

At The Law Offices of David C. Hardaway, we pride ourselves on a client-centered approach that addresses the unique needs of each family we serve. Our San Marcos wrongful death attorneys understand the profound grief and emotional turmoil that follow unexpected loss and strive to provide compassionate and comprehensive legal support. From the outset, we offer a personalized assessment of your situation, helping to clarify the best path forward. We ensure that communication is always open and clear, providing regular updates and access to our team when you need it most. Our attorneys meticulously analyze every detail of the incident, working tirelessly to uncover the truth and build a strong claim.

Our firm's commitment to integrity means we provide honest assessments without overstating potential outcomes. We tailor our services to offer flexible payment plans that respect your financial situation while maintaining rigorous standards of legal excellence. Our approach not only focuses on winning just compensation but also aims to provide a sense of closure and peace during a challenging time. By advocating fiercely on behalf of your loved one's legacy, we strive to ease your journey through this difficult process.

Frequently Asked Questions About Wrongful Death

What Is Wrongful Death in Legal Terms?

Wrongful death is defined as a death caused by the negligent or intentional acts of another person or entity. Under Texas law, it typically involves circumstances where the deceased person would have been eligible to file a personal injury lawsuit had they survived. The law allows certain family members to seek financial compensation for both economic and non-economic losses. This legal framework is grounded in the objective to hold accountable those whose actions led to the loss of life and to offer financial support to the surviving relatives who must continue onward without their loved one.

How Long Do I Have to File a Wrongful Death Lawsuit in Texas?

In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased's passing. It is crucial to adhere to this timeline, as failing to do so can result in losing the right to legal action for compensation. While there are certain exceptions that can extend this period, such situations are rare and involve complex legal arguments. Therefore, consulting with a wrongful death lawyer early can help navigate this timeline effectively, ensuring all legal avenues remain open and viable.

Who Can File a Wrongful Death Claim in San Marcos?

Texas law allows the deceased's surviving spouse, children, and parents to file a wrongful death claim. These individuals can file jointly or individually. However, other relatives, such as siblings, are typically not eligible. The estate of the deceased can also initiate the claim if those eligible do not act within three months. Understanding who can file is critical and often requires a detailed look at personal relationships and legal definitions of family, which can be especially complex in blended family scenarios. A qualified attorney provides valuable guidance through this intricate process.

What Should I Bring to My First Meeting with a Wrongful Death Attorney?

When attending your first consultation with a wrongful death attorney, it is helpful to bring any relevant documentation. This may include a death certificate, medical records, police reports, and any written communication with insurance companies. Financial documents showing the deceased's income can assist in potential compensation evaluations. Having a detailed timeline of events and any photographic evidence can also provide a clearer picture for your attorney. Bringing these items to your initial meeting can help streamline the process and enable your attorney to provide a more informed and comprehensive assessment of your legal options.