News 4 San Antonio reports that a tragic fatal car accident recently occurred on Babcock road. A truck drove through a red light and slammed into the side of a small car. There was no immediate indication that drugs or alcohol were a factor, but San Antonio Police suggested that both rainy weather and excessive speed may have played a role in the accident. Losing a loved one in a car accident is heartbreaking. It can be difficult to think about legal issues at such a tragic time, but it is strongly in your best interest to contact an experienced and compassionate wrongful death attorney as soon as possible.

Three Common Texas Wrongful Death Questions:
Can I Bring a Wrongful Death Claim?

Texas wrongful death claims are brought under the state’s Wrongful Death Statute. Under this act, only close relatives of the victims are eligible to bring a legal claim. Eligible relatives are:

  • Spouse
  • Parent
  • Child

Friends and other family members are not eligible to bring a Texas wrongful death claim. If none of the eligible relatives can, or wish to, bring a wrongful death claim, then the estate of the deceased gets an opportunity to pursue legal action.

How Do I Prove Wrongful Death?

In Texas, a legal concept known as negligence is the basis of most accident lawsuits. A successful wrongful death claim requires proving that another party was negligent. There are four required elements of negligence:

  • Duty: You must prove that a defendant had a legal obligation to look out for the safety of others. In some cases establishing duty is fair simple. For example, one has a legal obligation (duty) to drive reasonably safely and watch out for others on the road.
  • Breach: Establishing a breach requires showing that the defendant failed to live up to their duty. An example would be running a red light.
  • Causation: Then you must prove that the breach of duty actually led to the accident. If running a red light led to an immediate collision with another vehicle, clear causation is established. If a car ran a red light, and then got into an accident ten minutes later, they did in fact breach a duty, but that breach did not actually cause the accident.
  • Damages: Finally, you must show the full extent of the damages caused by the accident.

Determining negligence in car accidents is very case specific. If you have any questions an experienced San Antonio car wreck attorney can help.

What Damages are Available?

Three types of wrongful death damages can be recovered.

  • Economic damages: All medical costs, all accident costs, lost wages and any other direct expense sustained in relation to the accident.
  • Noneconomic damages: Pain and suffering, loss of love, loss of companionship and any other type of intangible damage caused by the accident.
  • Punitive damages: In cases of gross negligence, for example a drunk driving accident, additional damages may be awarded to punish the bad acting party.

Contact An Experienced San Antonio Wrongful Death Attorney

No one wants to think about lawsuits or legal settlements after losing someone close to them in an accident. But, it is extremely important to get a wrongful death case in the hands of an attorney as soon as possible. At the Law Offices of Ronald A. Ramos, our compassionate legal team has extensive experience handling Texas wrongful death cases and we can help. Let us deal with the legal issues, while you focus on your friends and family. You can contact our office over the phone or through the internet. Initial legal consultations are always free of charge.