A San Antonio Wrongful Death Lawyer is a personal injury attorney who represents surviving spouses, children, and parents in Bexar County courts to secure financial compensation and accountability after a fatal negligence event. Unlike general personal injury attorneys, we focus specifically on the complex requirements of the Texas Wrongful Death Act (Chapter 71), navigating the distinct legal burdens required to prove liability against corporate defendants and insurance carriers in local civil courts.
Trevino Injury Law shields your family with the authority of over 80 jury trials, proving to insurance companies that we are ready to fight in court rather than accept lowball offers that fail to cover your future needs.
Wrongful Death Lawyer San Antonio Takeaways
- As your Wrongful Death Lawyer San Antonio, we preserve critical evidence on corridors like the I-35 to substantiate liability in Bexar County.
- Trevino Injury Law secured a $17 million settlement by rejecting lowball offers and preparing every file for a jury trial from day one.
- Your attorney defeats insurance adjuster “delay and deny” tactics by utilizing immediate preservation letters to prevent the destruction of vital accident records.
- Modified comparative negligence rules allow your family to recover damages unless the deceased was more than 51% responsible for the fatal accident.
Do You Qualify For Full Compensation?
“The insurance company offered less than $20,000. I ended up with over a million.” – Jackie Galindo
This resource explains exactly which family members have standing to sue under Texas law, how compensation is calculated to replace lost income and companionship, and the critical deadlines you must meet to preserve evidence before it is destroyed.
Call 210-TREVINO immediately to preserve your claim and protect your family’s future. Se Habla Español.
What Qualifies as a Wrongful Death in Texas?
Under Texas law, a wrongful death is any fatality caused by the “wrongful act, neglect, carelessness, unskillfulness, or default.” This civil claim exists entirely separately from any criminal charges, meaning you can pursue a lawsuit even if the police decide not to file charges or if a grand jury fails to indict the responsible party.
A wrongful death claim may arise out of many circumstances, such as:
- Medical malpractice that results in death
- Automobile, boating, or airplane accident
- Occupational exposure to hazardous conditions or substances
- Toxic torts
- Product liability
- Criminal behavior
- Death during a supervised activity
In San Antonio, these claims frequently arise from commercial 18-wheeler crashes on the I-35 corridor, workplace fatalities in the Eagle Ford Shale sector, or drunk driving incidents in the Downtown district. The danger on our local roads is statistically significant; according to 2024 Texas Department of Transportation data, San Antonio recorded 170 fatalities arising from 162 fatal crashes, with another 686 people sustaining suspected serious injuries.
Who Can File a Wrongful Death Lawsuit in Texas?
The Texas Civil Practice and Remedies Code strictly limits plaintiffs to the surviving spouse, children (biological or adopted), and parents of the deceased. These specific family members have “standing” to file a lawsuit either individually or as a group to recover damages for their specific losses resulting from the death.
This statutory list is exclusive, but it fully recognizes informal marriages. As established in Shepherd v. Ledford, 962 S.W.2d 28 (Tex. 1998), a common-law spouse has the same standing to file a wrongful death lawsuit as a formally married spouse, provided they can prove the essential elements of the marriage in court (agreement to be married, cohabitation in Texas, and holding out to others as married).
Grandchildren may legally file a claim only if they were formally adopted by the deceased grandparents, effectively becoming their children in the eyes of the law.
Can Siblings Sue for Wrongful Death in Texas?
No, Texas law explicitly excludes siblings from filing wrongful death lawsuits, regardless of their emotional closeness or financial dependence on the deceased. This exclusion was affirmed in Castillo v. Hidalgo County Water Dist. No. 1, 771 S.W.2d 633 (Tex. App.—Corpus Christi 1989, no writ), where the court ruled that because siblings are not listed in the Wrongful Death Act’s beneficiary class, they have no standing to sue for their loss.
Because the law prevents brothers and sisters from recovering damages directly, it is even more critical for eligible parties (spouses, parents, and children) to act decisively to secure the maximum compensation for the entire family.
Understanding who is eligible to file is the first step, but determining the actual value of the claim ensures your family’s financial future is actually protected.
What Compensation Can You Recover in a Texas Wrongful Death Claim?
Compensation acts as a financial replacement for the deceased’s lost income, companionship, and support, often totaling millions of dollars in cases involving gross negligence or corporate defendants. The goal of these damages is to “make the family whole” financially, covering both the tangible money the deceased would have earned and the intangible emotional support they would have provided over a lifetime.
Calculating this value requires a deep analysis of the victim’s life expectancy, career trajectory, and family role. Insurance adjusters will attempt to reduce this value by focusing only on current income, ignoring future promotions, inflation, or the immense replacement cost of household services like childcare and home maintenance.
Economic vs. Non-Economic Damages: What Is Covered?
Economic damages cover tangible costs like funeral expenses and lost future earnings, while non-economic damages compensate for mental anguish and loss of consortium.
Economic damages are calculated using objective data, including medical bills incurred before death and the deceased’s total financial contributions to the household.
Non-economic damages are more subjective but often yield higher value; they compensate for the “loss of care, maintenance, support, advice, counsel, and reasonable contributions of a pecuniary value.” Juries in Bexar County can award significant sums for the emotional pain and mental anguish suffered by the surviving family members, acknowledging that the loss of a father, mother, or child is a catastrophic injury in itself.
How Our Trial Approach Maximizes Wrongful Death Settlements
Insurance offers often start low; for example, in Arriaga v. Montemayor, the defense offered only $5,000, but our trial team secured a $536,007 jury verdict. This result, which is over 100 times the initial offer, demonstrates that insurance carriers will pay fair value only when they face a credible threat of litigation.
In another significant victory, we secured a $17 million settlement for a wrongful death case involving multiple fatalities in an 18-wheeler crash. By preparing every case as if it will go to trial from Day 1, we force defendants to evaluate the risk of a massive jury verdict, often motivating them to settle for the policy limits rather than face us in court.
When Are Exemplary (Punitive) Damages Awarded?
Texas courts award exemplary damages only when “gross negligence” is proven, an act involving extreme risk and conscious indifference to others’ safety. These damages are designed to punish the wrongdoer and deter similar conduct in the future, rather than just compensating the family for their losses.
Common scenarios warranting punitive damages include fatal accidents caused by drunk drivers or commercial trucking companies that knowingly violate Federal Motor Carrier Safety Administration (FMCSA) hours-of-service regulations. Proving the defendant knew about the danger and proceeded anyway requires aggressive discovery and immediate evidence preservation.
While understanding your potential damages is essential, having a trial-ready attorney transforms those damages from a calculation on paper into actual compensation your family receives.
How Does the Wrongful Death Legal Process Work in San Antonio?
The process begins with an immediate investigation to preserve evidence and proceeds through filing suit, discovery, and either settlement negotiation or a jury trial. In San Antonio, this journey starts with filing a petition in the Bexar County courts, which officially pauses the clock on evidence destruction and demands the defendant preserve all relevant records.
Following the filing, the “discovery” phase allows us to depose witnesses, subpoena phone records, and access internal company documents. While many cases resolve in mediation before reaching the Bexar County Courthouse steps, our firm prepares every file for the possibility of a jury verdict to ensure you are never forced to accept less than you deserve.
How Long Do You Have to File a Claim? (Statute of Limitations)
The Texas Statute of Limitations for wrongful death is strictly two years from the date of the deceased’s death. If you fail to file a lawsuit within this window, you will be permanently barred from recovering any compensation, regardless of how clear the liability may be or how egregious the negligence was.
There are infrequent exceptions, such as the “discovery rule,” which may extend the deadline if the cause of death could not have been known immediately, but relying on this is dangerous. The safest course of action is to consult an attorney immediately to ensure your claim is filed well within the statutory limits.
Why Is Immediate Evidence Preservation Critical?
Critical evidence like black box data, surveillance video, and witness memories can be lost or overwritten within days of the fatal accident. Commercial trucking companies, for instance, may legally destroy driver logs and data recorder information after a short period if they have not been formally notified of a claim.
We immediately send preservation letters and Freedom of Information Act (FOIA) requests to secure 911 calls, body cam footage from the San Antonio Police Department, and autopsy reports. Waiting even a few weeks can result in the permanent loss of the “smoking gun” evidence needed to prove liability and secure the compensation your family needs.
Waiting even a few weeks can result in the permanent loss of the ‘smoking gun’ evidence needed to prove liability. With the Texas Department of Transportation reporting 39,805 total crashes in San Antonio in 2024 alone, police and investigators are often overwhelmed, making it even more vital that you have a private attorney acting immediately to secure your specific file.
Knowing what compensation you deserve is critical, but without experienced trial representation, insurance companies will pressure you to accept far less than your case is worth.
Why Do You Need a Trial Lawyer for a Fatal Accident Claim?
Insurance companies use “delay and deny” tactics that only a lawyer with a proven track record of courtroom verdicts can effectively dismantle. They know which firms are “settlement mills” that will fold under pressure and which firms, like Trevino Injury Law, are willing to pick a jury and fight for the full value of the claim.
We have taken over 80 personal injury cases to trial, a rarity in a market dominated by high-volume advertisers. This trial readiness is your most substantial leverage; when a corporation knows we are prepared to present your case to a Bexar County jury, their settlement offers often increase significantly to avoid the risk of a public verdict. We offer a free consultation to evaluate your case and explain how our trial history directly benefits your potential recovery.
Settlement vs. Trial: Why Readiness Matters
While most cases settle, those prepared for trial from Day 1 command higher offers because the insurance carrier fears a jury verdict. A “settlement box” approach cuts corners on investigation and accepts the first reasonable number, leaving money on the table that your family will need years down the road.
We check “trial boxes” rather than hiring experts, conducting focus groups, or preparing demonstrative evidence. This preparation signals to the defense that we are not bluffing. If they refuse to offer a fair settlement that covers all economic and non-economic damages, we are fully prepared to let a jury decide the outcome.
How Does the Contingency Fee Work for Wrongful Death Cases?
You pay absolutely no legal fees or court costs upfront; we only get paid if and when we win your case. This “contingency fee” model ensures that every family, regardless of their financial situation, can afford top-tier legal representation against wealthy corporate defendants.
Our firm advances all expenses for filing fees, expert witnesses, and depositions. If we do not secure a settlement or verdict for you, you owe us nothing. This aligns our interests with yours. We are motivated to maximize your recovery because our success is directly tied to yours.
These fundamental protections secure your rights, but specific questions about taxes and estate claims often arise as the case progresses.
Common Questions About Texas Wrongful Death Claims
Beyond the fundamental issues of eligibility and compensation, many San Antonio families face complex technical questions about tax liabilities, how settlements are divided among feuding relatives, and the critical legal distinctions between family claims and estate claims. These nuances often determine not only how much money is recovered, but also who receives it and how much is protected from the government or creditors.
Every fatal accident case brings unique complications. A family in Leon Valley dealing with a clear-cut liability case may still face disputes over how to split the settlement. At the same time, a complex estate situation in Alamo Heights might require coordination with probate attorneys. We find that once the immediate shock of the loss subsides, clients need clear answers about the “business” side of their legal recovery, specifically regarding taxes, autopsies, and the deceased’s own pain and suffering.
While these general overviews help, the most confusing legal distinction is the difference between the claim you file for yourself and the one you file on behalf of the deceased’s estate.
What Is the Difference Between Wrongful Death and Survival Actions?
A wrongful death claim compensates the family for their own personal loss, while a survival action compensates the estate for the pain and suffering the deceased endured before passing. Think of a survival action as the personal injury lawsuit the victim would have filed had they survived the accident; that right to sue “survives” them and passes to their estate.
While wrongful death damages (like loss of companionship) go directly to family members and are generally protected from the deceased’s debts (Texas Civil Practice & Remedies Code § 71.011), survival action damages (like the victim’s medical bills and pre-death pain) flow into the estate. This means the money is distributed according to the victim’s will or, if no will exists, Texas intestacy laws, and may be subject to claims by creditors.
Are Wrongful Death Settlements Taxable in Texas?
Generally, no; the IRS treats wrongful death compensatory damages as tax-free income under IRC Section 104(a)(2) because the claim arises from the physical injury and sickness that resulted in death.
Do I Need an Autopsy to File a Wrongful Death Claim?
While not strictly mandatory, an autopsy is often critical evidence to definitively prove the accident caused the death rather than a pre-existing medical condition, especially in complex cases.
Can I Sue if the At-Fault Driver Was Acquitted of Crimes?
Yes, the civil “preponderance of the evidence” standard is lower than the criminal “beyond a reasonable doubt” standard, allowing for civil liability and compensation even after a criminal acquittal.
What Are the Most Common Causes of Wrongful Death in Texas?
Common causes of wrongful death in Texas include car and truck accidents (the leading cause), medical malpractice, workplace injuries, and defective products. Negligent driving, unsafe working conditions, or medical errors can all result in a tragic loss.
A San Antonio wrongful death lawyer can help families investigate the cause, identify liable parties (including drivers, companies, property owners, or manufacturers), and pursue fair compensation for their loss.
What Types of Wrongful Death Cases Occur in San Antonio?
In San Antonio, wrongful death cases often involve motor vehicle collisions (especially with commercial trucks), nursing home neglect, construction site accidents, and fatal medical mistakes. Each type of case requires careful evidence gathering and a deep understanding of Texas wrongful death laws. Experienced wrongful death attorneys in San Antonio guide families through the legal process and fight for justice.
How Are Settlements Divided Among Multiple Heirs?
Settlement proceeds are divided either by mutual agreement among the beneficiaries or, if they cannot agree, by a jury based on the extent of each person’s individual loss. In amicable situations, the family decides how to split the funds; however, when relationships are strained, such as between a step-parent and adult children from a previous marriage, the court must intervene to determine fair apportionment.
When minor children are beneficiaries, the process requires extra-judicial oversight to prevent the misuse of funds. The judge will appoint a guardian ad litem (GAL), an independent attorney whose sole job is to review the settlement and confirm it is in the child’s best interest before the money is placed into a protected court registry or structured annuity.
What Happens If You Don’t File Before the Statute of Limitations Expires?
If you fail to file a lawsuit within the strict two-year window, you will be permanently barred from recovering any compensation, regardless of how clear the liability may be or how devastating the loss was. This is an absolute deadline under Texas law; there are virtually no “second chances” for missing it.
Insurance adjusters are well-trained to delay negotiations until this deadline passes. Once the two-year mark hits, their file is closed, and you lose all leverage. This is why families in Stone Oak or Universal City must consult a trial lawyer immediately, even if they are still grieving, to ensure the legal placeholder is filed while the family heals.
Can You Still Sue If the Deceased Was Partially at Fault?
Yes, under Texas “proportionate responsibility” laws (also known as modified comparative negligence), you can still recover damages as long as the deceased was not more than 50% responsible for the accident. If the victim is found partially at fault, the total award is reduced by that percentage.
For example, if a jury determines that a driver on Loop 410 was 20% responsible for the crash because they were speeding, but the 18-wheeler that hit them was 80% responsible, the family would still recover 80% of the total verdict. However, if the victim is found to be 51% or more at fault, the recovery drops to zero, making it absolutely vital to preserve evidence proving the defendant’s primary negligence.
Demand Justice for Your Family: Call 210-TREVINO Now
Insurance adjusters and commercial carriers utilize “delay and deny” tactics to starve your family of necessary funds. They bank on you hiring a high-volume “settlement mill” that cuts corners and folds under pressure. We do not compromise. We prepare every wrongful death file for battle from day one, forcing defendants to evaluate the risk of a massive jury verdict rather than offering lowball settlements.
Our trial readiness delivers specific results in the Bexar County Courthouse. We secured a $17 million settlement for a fatal 18-wheeler crash and turned a paltry $5,000 insurance offer into a $536,007 jury verdict. We fight when others settle.
Call 210-TREVINO for a free, confidential consultation. Se Habla Español. You pay absolutely no legal fees unless we win your case.
