San Antonio Wrongful Death Attorney

Losing a loved one is always devastating, but when that loss occurs due to a workplace accident, the grief can be compounded by frustration, unanswered questions, and financial uncertainty. At The Law Office of George P. Escobedo & Associates, PLLC, we understand the pain that families go through after a fatal workplace injury. Our firm is committed to helping families in San Antonio pursue justice and compensation through both workers’ compensation benefits and potential wrongful death claims.

If you’ve lost a spouse, parent, or child in a work-related incident, you may have more options than you realize. Let our team help you understand your rights and the paths forward.

Contact our San Antonio wrongful death lawyer by calling (210) 807-3178 today!

Understanding Wrongful Death In The Workplace

A wrongful death occurs when someone dies due to another party’s negligence, recklessness, or misconduct. In the context of employment, wrongful death can arise from unsafe working conditions, lack of proper training, defective equipment, or third-party negligence on a job site.

While Texas law allows for wrongful death lawsuits, it’s important to understand how these cases intersect with the workers' compensation system. Texas is unique in that not all employers are required to carry workers' compensation insurance. This difference can have a major impact on your options for pursuing a claim.

Workers’ Compensation And Fatal Workplace Injuries

If the employer carries workers’ compensation insurance, it typically provides death benefits to the deceased worker’s dependents. These benefits may include:

• Funeral expenses
• A percentage of the deceased worker’s average weekly wage
• Support for dependent children or a surviving spouse

However, these benefits are limited. Workers’ compensation does not allow for pain and suffering or punitive damages, and the benefits paid may not fully account for the lifetime financial impact of the loss. In exchange for receiving these benefits, families are usually barred from suing the employer for negligence.

This system is designed to provide a streamlined process for receiving compensation, but it can leave families feeling like justice was never fully served.

When A Wrongful Death Lawsuit May Be Possible

Even if workers’ compensation benefits are involved, there are situations where a wrongful death lawsuit can still be filed. Some of the most common scenarios include:

• Third-party negligence: If someone other than the employer or a co-worker caused the fatal injury—such as a subcontractor, equipment manufacturer, or driver—a separate wrongful death claim may be possible.
• Non-subscriber employers: In Texas, if an employer does not carry workers’ compensation insurance (known as a “non-subscriber”), the family can sue the employer directly for negligence.
• Gross negligence or intentional harm: In rare cases, even employers with workers' compensation coverage can be sued if there is evidence of gross negligence or intentional misconduct.

At The Law Office of George P. Escobedo & Associates, PLLC, we carefully evaluate every case to identify all potential sources of recovery. We work to ensure that no responsible party escapes accountability.

Who Can File A Wrongful Death Claim In Texas

Under Texas law, the following family members are eligible to file a wrongful death claim:

• The surviving spouse
• Children (including adult children)
• Parents of the deceased

If these parties do not file a claim within a certain time, the executor of the estate may bring a survival action on behalf of the deceased’s estate. These legal actions can seek compensation for medical bills incurred before death, lost earning capacity, mental anguish, and loss of companionship.

Why You Need An Experienced San Antonio Wrongful Death Lawyer

Wrongful death cases, especially those connected to a work environment, are legally complex. Navigating the intersection of Texas workers’ compensation law, personal injury law, and potential third-party liability demands in-depth legal knowledge and investigative skill.

Our team at The Law Office of George P. Escobedo & Associates, PLLC has extensive experience handling work-related injury and death cases in San Antonio and across Texas. We are well-versed in determining whether you have a valid claim beyond workers' compensation and aggressively pursue every possible avenue to secure justice and financial support for your family.

We know the tactics employers, insurance companies, and third parties use to avoid liability, and we won’t let them take advantage of you during this vulnerable time. From start to finish, we’ll guide you through every step of the legal process while treating you with compassion and respect.

Let Us Help You Seek Justice For Your Loved One

No amount of money can replace a loved one, but financial compensation can provide stability and accountability. If you’ve lost someone in a workplace accident, don’t navigate this alone. Contact The Law Office of George P. Escobedo & Associates, PLLC for a free, confidential consultation. We’ll help you understand your rights and take immediate action to protect your family’s future.

For a compassionate consultation, reach out to us at (210) 807-3178. Schedule your free consultation to get the support you need!