San Antonio Car Crash Attorney J. Gonzalez

Is a car crash fatality considered a wrongful death?

When a person is killed in a car crash due to another person’s negligent actions, the incident may qualify as a wrongful death. In Texas, the law mandates that the responsible party must compensate the surviving family members.

Who can file a wrongful death lawsuit?

Only immediate family members are eligible to receive compensation in a Texas wrongful death claim. Texas law considers immediate family members to be the victim’s surviving spouse, the victim’s minor children, or the parents of the minor child who was killed.

Any of these individuals may initiate the lawsuit on behalf of all eligible family members. If none of the eligible survivors file a wrongful death lawsuit within three months of the date of death, the estate’s executor or administrator is required to file the lawsuit. If the eligible family members prefer to take no action, the executor or administrator must comply with their decision.

Compensation

Texas Tort Law says a person is liable to pay damages when they cause the death of an individual through:

• A wrongful act
• Neglect
• Carelessness
• Unskillfulness
• Default (failure to fulfill duty of care)

For example, a person who causes a car accident by speeding or running a red light, is liable for the damage caused by choosing to break the law. If the damages include injuries and/or property loss, it is considered a personal injury case. When someone is killed, it becomes a wrongful death case.

Surviving family members can seek compensation to recover the costs for medical care that their loved one received before their death. They also may seek financial rewards for the person’s pain and suffering and funeral and burial expenses.

Additional compensation can include:

• Loss of and inheritance
• Loss of services the decedent would have provided
• Loss of affection, companionship, guidance, and support from the decedent

Contact the J. Gonzalez Law Firm

Wrongful death cases are often highly complex. The personal injury attorneys at the J. Gonzalez law Firm can explain issues such as the statute of limitations, and they can answer your questions about any other legal matters surrounding the specific facts of your case.

The J. Gonzalez Law Firm can help you determine if you can seek compensation in the death of your loved one. The initial consultation is free, and if we take your case, you pay nothing unless we obtain the settlement or judgment you deserve.

Contact us via this website, or call us at 1-800-CAR-CRASH to discuss your case with a member of our staff and learn more about how we may assist you.

Authorities identify victim of north San Antonio crash

By: Benjamin Treviño

SAN ANTONIO – The Bexar County Medical Examiner’s Office has identified the victim of a May 2 car crash on San Antonio’s north side. She was 50-year-old Nayda Velez de Guijarro.

Guijarro died when the vehicle she was riding in was broadsided by a pickup truck at the intersection of Harry Wurzbach Road and Dalewood Place.

Police said the driver of the pickup was traveling “at a high rate of speed” when it slammed into the passenger side of the vehicle where Guijarro was sitting.

Guijarro died at the scene, according to the medical examiner’s office. The driver of the vehicle she was in was also injured taken to a hospital for further treatment, police said. The identities of the two drivers were not immediately released.

The investigation was ongoing at this writing, and it was not known if any charges would be filed.