Losing someone you love because another person was careless is a kind of pain that does not lift on its own. The legal system cannot undo what happened, but it can hold the responsible party accountable and help your family recover the financial support it has lost.
The NMW Law Firm guides families through wrongful death claims across Bexar County, and our San Antonio wrongful death lawyers handle every step so you can grieve with your family. Reach out to our firm for a free, no-pressure consultation to review the facts of your case.
Get a Free ConsultationDo I Have a Wrongful Death Claim?
You may have a wrongful death claim if your loved one died because of another person or company's careless or reckless conduct. Our lawyers see these cases arise from a wide variety of negligence-related accidents.
If someone else's failure to exercise reasonable care caused the death, a claim likely exists. Common situations that lead to wrongful death claims in San Antonio are as follows:
- Car accidents
- Commercial truck collisions on interstates and major roads
- Motorcycle wrecks involving negligent drivers
- Rideshare collisions (Uber and Lyft)
- Workplace incidents and construction site falls
- Pedestrian and bicycle accidents
- Defective product injuries
- Premises liability incidents
- Slips and falls
What Do I Need to Prove to File a Wrongful Death Claim in San Antonio, Texas?
To file a wrongful death claim, you have to show that another party's wrongful conduct caused your loved one's death and that you are a qualifying family member under Texas law. Texas Civil Practice and Remedies Code Section 71.002 dictates that a person is liable when an injury causing death was the result of a "wrongful act, neglect, carelessness, unskillfulness, or default.”
Practically, that means our San Antonio wrongful death lawyer team must establish four things: that the defendant owed your loved one a duty of care, that the defendant breached their duty, that the breach directly caused the fatal injury, and that the death resulted in measurable losses to the surviving family.
Each piece needs evidence. Our lawyers build that evidence from the ground up.
What Evidence Can Help Me Establish Wrongful Death?
The most critical evidence in a wrongful death claim includes police reports, medical records, surveillance footage, witness statements, and, in commercial truck cases, driver logs and electronic data from the vehicle.
This evidence must be secured quickly. Witnesses relocate, surveillance footage is overwritten, and vehicles are repaired. The earlier our firm gets involved, the more we can preserve and use. Evidence our attorneys commonly gather includes the following:
- Police reports, traffic collision reports, or workplace incident records
- Medical records, autopsy reports, and death certificates
- Surveillance video, dashcam, and traffic camera footage
- Eyewitness statements taken while memories are fresh
- Accident reconstruction analysis and engineering reviews
- Cell phone records showing distraction or impairment
- Employment and earnings records of the deceased
If a commercial truck is involved, additional evidence may be available: driver logs, electronic control module data, maintenance records, and federal motor carrier safety compliance documents. These records have short retention windows, and trucking companies often "lose" them if no legal hold is in place.
To get our team working on preservation right away, call our firm or schedule a free, no-obligation consultation online.
Why Families Choose Our San Antonio Wrongful Death Lawyers
Losing a parent, child, spouse, or sibling reshapes your entire life. The legal process should not pile more stress onto what your family is already carrying. Our approach is steady and centered on the people we represent. We pair real compassion for grieving families with the careful, disciplined preparation these claims require.
With more than 70 years of combined courtroom and trial preparation among our team, and 3,000 cases resolved, we have recovered over $200 million for injured clients and the families of those who were lost. Results may vary. Prior case outcomes do not guarantee similar results.
Our lawyers have a working command of the litigation process from start to finish, including how cases move through the Bexar County District Courts, which handle most civil wrongful death actions arising from accidents in San Antonio and the surrounding areas.
We also serve families in English, Spanish, and Vietnamese, because losing a loved one is hard enough without a language barrier between you and the people fighting for your family.
Texas has specific procedural rules that affect how wrongful death cases proceed, limiting who may file: the surviving spouse, children, and parents of the deceased. Stepchildren, siblings, and other relatives generally cannot bring a claim under this statute, though there are limited exceptions.
Our San Antonio wrongful death attorneys review your family's specific situation and explain who in your family has standing, what statutes apply, and how courts in Bexar County typically handle the procedural steps. When you reach out, you get straight answers, not a legal runaround.
Hear From Our Clients
What Damages Are Available in a Texas Wrongful Death Claim?
Texas allows surviving family members to recover both economic and non-economic damages. The point of these damages is to acknowledge what was taken from your family financially and personally, even though no amount of money truly accounts for the loss. Recoverable damages may include the following:
- Lost earning capacity the deceased would have provided
- Lost benefits, including health insurance and retirement contributions
- Loss of inheritance that the deceased would have accumulated
- Funeral and burial expenses
- Medical bills incurred between the injury and the death
- Loss of companionship, comfort, and emotional support
- Loss of parental guidance for children
- Loss of household services that the deceased provided
- Mental anguish and grief experienced by surviving family members
- Loss of love, affection, and guidance from the deceased
Calculating economic damages accurately often requires input from financial professionals and vocational specialists who can project what your loved one would have earned and contributed over a full working lifetime. Our lawyers bring these resources to your case to ensure no category of financial loss is overlooked or undervalued.
Insurance companies routinely undervalue non-economic damages because there is no receipt to support them. Our attorneys document these losses through family testimony, photographs, journals, and statements from people who knew the relationship firsthand, presenting the full picture of what your family lost.
Can My Family Pursue Punitive Damages in a San Antonio Wrongful Death Case?
Yes, in cases involving gross negligence or willful conduct, Texas law allows for exemplary (punitive) damages in addition to compensatory damages. Exemplary damages exist to punish the wrongdoer and deter similar behavior in the future. They are not meant to compensate your family for the loss, but they often substantially increase the total recovery.
Under Texas Civil Practice and Remedies Code Section 71.009, exemplary damages may be recovered when a death is caused by a defendant's willful act, omission, or gross negligence. Examples that may support an exemplary damages claim in a San Antonio wrongful death case include:
- Drunk or drugged driving causing a fatal collision
- An employer's knowing disregard for worker safety in a construction accident
- A trucking company's repeated falsification of driver hours records
- A property owner's deliberate refusal to address a known deadly hazard
- A manufacturer's concealment of a dangerous product defect
To evaluate whether exemplary damages may be available, our attorneys examine the defendant's conduct and investigate any history of similar behavior. Because these claims require strong supporting evidence, comprehensive investigation and preparation are necessary.
Find out what your case may be worth. Our firm explains the facts of your case and the types of damages that may be recoverable.
What Is a Survival Action and How Is It Different From Wrongful Death?
A survival action is a separate legal claim that belongs to the deceased person's estate, covering the losses they personally suffered between the moment of injury and the moment of death. A wrongful death claim, by contrast, belongs to the surviving family members and compensates them for their own losses.
Both can often be filed together, increasing the total recovery available to everyone affected. Survival action damages typically focus on what the deceased experienced before passing:
- Conscious physical pain and suffering before death
- The mental anguish your loved one endured
- Medical expenses incurred for the treatment of the fatal injury
- Funeral and burial expenses
- Property damage to personal belongings
Under Texas Civil Practice and Remedies Code Section 71.021, a personal injury cause of action survives the death of the injured person and may be pursued by the estate's legal representative. Heirs typically receive the proceeds through the probate process.
Our attorneys handle both claims together when they apply, such as in cases arising from fatal slip-and-fall incidents, defective premises, and similar tragedies. To find out whether your family has standing to pursue a survival action alongside a wrongful death claim, reach out to our team for guidance.
FAQ: Answers for Families Experiencing the Wrongful Death of a Loved One
How Long Do I Have To File A Wrongful Death Lawsuit In San Antonio?
Texas generally allows two years from the date of death to file a wrongful death lawsuit. Exceptions exist in certain circumstances, such as delayed discovery or minor heirs. Speaking with our lawyers early protects your family from accidentally missing this deadline.
What Should I Do If An Insurance Adjuster Contacts My Family After A Wrongful Death?
Politely decline to give a recorded statement or sign anything until you have spoken with a lawyer. Adjusters call early specifically to lock families into low-value statements. Direct them to our firm, and our attorneys will handle the communication from there.
Can A Wrongful Death Claim Be Filed Against A Government Entity In San Antonio?
Yes, but special rules apply. Claims against city, county, or state entities in Texas require formal notice within shortened deadlines, sometimes as brief as six months. Our lawyers handle these notice requirements precisely, so your family's claim against a government defendant stays viable.
What If The Person Responsible For My Loved One's Death Is Facing Criminal Charges?
Civil wrongful death claims proceed independently from criminal cases. Even if criminal charges are pending, dismissed, or result in an acquittal, your family may still pursue civil damages. The standards of proof differ, and our lawyers handle the civil case regardless of the criminal outcome.
Does My Family Have To Go To Court For A San Antonio Wrongful Death Case?
Most wrongful death cases settle without trial, but our firm prepares every case as if it will go before a Bexar County jury. That preparation drives stronger settlement offers, and if a trial becomes necessary, our team is ready to present your family's case effectively.
Can I Still Pursue A Wrongful Death Claim If My Loved One Did Not Have A Will?
Yes. A wrongful death claim is separate from probate and does not depend on whether your loved one had a will. Eligible family members may file the claim directly, while a related survival action may require an estate representative through probate court.
What If My Loved One Was Partly Responsible For The Accident That Caused Their Death?
Your family may still recover damages in many situations involving shared responsibility. Our lawyers carefully review the facts, gather supporting evidence, and present the strongest possible case to pursue the full recovery available to the surviving family members under Texas law.
How Much Does It Cost To Hire The NMW Law Firm For A Wrongful Death Case?
Nothing upfront. Our firm handles wrongful death cases on a contingency basis, meaning our fee is based on the recovery we obtain, not from your family's pocket. If we do not recover compensation for you, you owe no attorney fees.
Let Us Handle the Legal Burden While You Grieve
Grief and paperwork should not have to coexist. The NMW Law Firm handles the legal side of your family's loss so you can give your full attention to each other, your children, and the work of healing.
Our attorneys have stood beside families in San Antonio through cases that involved fatal motorcycle accidents, preventable workplace deaths, and other devastating losses. We bring real preparation, real compassion, and real results.
There is no fee unless we recover for your family. Get answers today. Consultations are free. Let our San Antonio wrongful death lawyers carry the legal weight while your family takes care of each other.
Get a Free Consultation