Wrongful Death Lawyer
San Marcos Accidents

Filing a Wrongful Death Claim in San Marcos

Some of the accident victim's close relatives may bring a wrongful death claim, including:

• Surviving spouse.
• Children.
• Dependent stepchildren.
• Dependent minors residing in the victim's household for six months or more.
• Dependent parents.

If the victim has no close family members, more distant relatives may be able to make claims.

The victim’s estate may be able to file a special type of wrongful death claim called a “survival action.” In a survival action, the estate sues to recover the financial compensation the wrongful death victim could have claimed had the victim survived. Money recovered in a survival action is added to the victim’s estate, to be distributed among the victim’s heirs.

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Wrongful Death Cases

Many wrongful death cases can be resolved without court involvement. In other cases, your wrongful death lawyer will identify which parties to sue. Suing several parties could increase your odds of receiving adequate compensation for your losses.

Typical parties who may be sued in a wrongful death case include:

• Truck, car, and motorcycle drivers.
• Persons whose violent actions caused the death.
• Property owners.
• Property managers or operators.
• Franchisors and other service providers.
• Parent corporations.
• Government entities charged with maintaining safety in public areas.