Nothing prepares a family for this moment. The legal questions feel impossible to face alongside everything else, and the last thing you want to think about is insurance companies and lawsuits.
But here is what is true: the negligence that took your loved one away created a legal obligation. Someone chose to drive recklessly, ignore a safety rule, or cut corners. That choice has consequences, and Texas law gives your family the ability to hold them accountable.
George Salinas Injury Lawyers represents families who have lost someone due to another party’s negligence in San Antonio and across South Texas. We handle these cases with the legal rigor they require and the human understanding they demand.
Call (210) 225-0909. The consultation is free. You owe us nothing unless we recover.
Navigate This Page
- Who Can File a Wrongful Death Claim in Texas?
- What Is the Difference Between a Wrongful Death Claim and a Survival Action?
- What Damages Are Available in a Texas Wrongful Death Case?
- How Does a Wrongful Death Case Begin in San Antonio?
- How Long Does a Wrongful Death Family Have to File in Texas?
- Ask George Salinas Injury Lawyers
- Why Choose George Salinas Injury Lawyers for Your Wrongful Death Case?
- Frequently Asked Questions About Wrongful Death Claims in Texas
- We Are Ready When You Are
Who Can File a Wrongful Death Claim in Texas?
Texas law specifically identifies who has the right to bring a wrongful death claim. Under Texas Civil Practice and Remedies Code Chapter 71, the following surviving family members may pursue a wrongful death action:
The surviving spouse has the right to file. Surviving children, both adult and minor, have the right to file. The decedent’s parents have the right to file. Surviving siblings do not have an independent right to file a wrongful death claim under Texas law.
If none of those family members files a claim within three months of the death, the personal representative of the estate may bring the action on their behalf.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
When pursuing a case after a fatal accident, it is common to hear about both wrongful death claims and survival actions. While both arise from the same tragic event, they serve separate functions in the eyes of the Texas legal system. One focuses on the losses sustained by the surviving family members, while the other addresses the pain and financial damages suffered by the decedent before their passing. Below is a breakdown of how these two actions differ and how they may work together to support your claim.
Wrongful Death Action
A wrongful death action compensates the surviving family members for their own losses caused by the death. These include the loss of the decedent’s financial support, loss of companionship and consortium, mental anguish suffered by surviving family members, and in some cases loss of inheritance. The law recognizes that the surviving spouse, children, and parents suffer real and lasting harm that extends beyond grief.
Survival Action
A survival action is different. It is brought by the decedent’s estate and compensates for the losses the decedent themselves suffered before death, including medical expenses incurred during a period of survival after the injury, physical pain and mental anguish the decedent experienced before dying, and lost earnings during any survival period. Under Texas Civil Practice and Remedies Code §71.021, both claims can often be pursued simultaneously when the facts support them.
An attorney evaluates which claims apply to your family’s specific circumstances from the first consultation.
What Damages Are Available in a Texas Wrongful Death Case?
When a wrongful death occurs due to negligence, Texas law provides a framework for families to recover compensation for their losses. These damages are generally split into categories that reflect the financial impact and the personal suffering experienced by the survivors. Below is an overview of the types of damages you may be eligible to pursue as part of a wrongful death claim in Texas.
Economic Damages
Economic damages are calculated using the financial contribution the decedent would have made throughout their remaining life. This includes projected future earnings and benefits based on age, education, career trajectory, and work history. In cases involving a parent of minor children, the calculation also addresses the economic value of services the parent provided, including childcare, household support, and guidance. Funeral and burial expenses are also recoverable.
Non-Economic Damages
Non-economic damages in Texas wrongful death cases include loss of companionship and society for the surviving spouse and children, loss of parental care and guidance for surviving minor children, mental anguish of surviving family members, and loss of consortium for the surviving spouse. These damages have no fixed dollar value but represent the deepest losses a family suffers.
Exemplary Damages
When the conduct that caused the death rises to the level of gross negligence, Texas law permits a claim for exemplary damages under Tex. Civ. Prac. & Rem. Code §41.003. A drunk driver who continues driving after prior DWI convictions, a trucking company that knowingly put a fatigued driver on the road, or an employer who repeatedly ignored documented safety violations may face exemplary damages claims.
How Does a Wrongful Death Case Begin in San Antonio?
When you decide to pursue a wrongful death claim in San Antonio, the legal process begins long before a lawsuit is ever filed in court. The strength of your case often depends on the actions taken in the days and weeks immediately following the accident. Below, we outline the primary steps involved in starting a wrongful death case and how a legal team can help you build a solid foundation for your claim.
Investigation and Evidence Preservation
In a wrongful death case, the investigation begins before the family is done grieving. Accident scenes change. Electronic data gets overwritten. Witnesses’ memories fade. Our attorneys move quickly to preserve the evidence that documents how the death occurred and who is responsible, including police reports, medical records, surveillance footage, electronic device data, and expert reconstruction when needed.
Interaction With the Decedent’s Estate
The survival action, which compensates for what the decedent suffered before death, runs through the estate. An attorney coordinates both the wrongful death and survival action aspects of your case and works with the estate’s representative when necessary to ensure all available claims are pursued.
Dealing With Multiple Insurance Policies
Serious accidents that result in death often involve multiple defendants and multiple insurance policies. Identifying every source of insurance coverage available to compensate your family is part of the legal work our attorneys do from the first day of the case.
How Long Does a Wrongful Death Family Have to File in Texas?
Two years from the date of the decedent’s death under Texas Civil Practice and Remedies Code §16.003. Two years is not a long time when a family is in the depths of grief and uncertainty. The practical deadlines for preserving evidence are far shorter. An attorney can take on the legal burden so your family can focus on what matters.
Ask George Salinas Injury Lawyers
Q: Can multiple family members each file their own wrongful death lawsuit, or do we file together?
A: Multiple eligible family members can each pursue their wrongful death claim. In practice, these cases are usually coordinated and pursued together to avoid conflicting legal positions and to present the strongest unified case. An attorney coordinates among all eligible family members from the beginning to make sure every claim is properly structured.
Q: We already received a settlement offer from the responsible party’s insurance company. Should we accept it?
A: Very rarely should a wrongful death family accept an early offer. Initial offers are typically calculated to close the claim before a family understands the full scope of what they have lost, including projected lifetime earnings, loss of future guidance for children, and the long-term emotional impact on surviving family members. An attorney evaluates the offer against an economic analysis of the decedent’s projected lifetime contribution.
Q: Does it matter how my loved one died — car accident versus workplace accident versus another cause?
A: The cause of death affects which defendants are liable, which regulations may have been violated, and which evidence matters most. A workplace death may involve OSHA violations and the Texas workers’ compensation system. A truck accident death involves FMCSA regulations and carrier liability. An attorney identifies the correct legal framework based on the specific circumstances.
Q: What if my loved one was partially at fault for the accident that killed them?
A: Under Texas’s modified comparative fault system, the decedent’s share of fault reduces, but does not eliminate, the family’s recovery, as long as the decedent’s fault did not exceed 50%. An attorney evaluates fault allocation arguments and challenges assignments that overstate the decedent’s responsibility.
Meet Our Wrongful Death Attorneys Near San Antonio
Why Choose George Salinas Injury Lawyers for Your Wrongful Death Case?
Our $6 million settlement in an 18-wheeler wrongful death case is an example of what thorough, aggressive representation produces for grieving families.
We carry this work seriously because we know what is at stake for every family who walks through our doors. Our clients are more than case numbers. They are people whose lives were changed forever by someone else’s choices.
$100M+ recovered. 110+ years of combined experience. No fee until we win.
Call (210) 225-0909. Available 24/7.
San Antonio Truck Accident Lawyers | San Antonio Car Accident Lawyers | San Antonio Personal Injury
Frequently Asked Questions About Wrongful Death Claims in Texas
What if the person responsible for the death has already faced criminal charges?
A criminal case and a civil wrongful death case are entirely separate proceedings with different standards of proof. A conviction can be powerful supporting evidence in the civil case, but it is not required. Even if the defendant is acquitted in criminal court, a wrongful death claim can still succeed because the civil burden of proof, a preponderance of the evidence, is lower than the criminal standard of beyond a reasonable doubt.
Does Texas cap the damages a wrongful death family can recover?
Texas caps exemplary damages but does not cap compensatory damages, including economic and non-economic damages, in most wrongful death cases. Cases against government entities under the Texas Tort Claims Act have separate caps. An attorney explains which caps, if any, apply to your specific case.
Can grandchildren or siblings bring a wrongful death claim in Texas?
Texas’s wrongful death statute limits claimants to the surviving spouse, children, and parents of the decedent. Grandchildren and siblings do not have a direct wrongful death claim under the statute. An attorney evaluates the specific family circumstances to identify every available claim.
How long does a wrongful death case typically take to resolve?
Wrongful death cases often take longer than standard injury cases. Cases that settle before litigation may resolve within a year or two. Cases that proceed to trial in Bexar County district court may take two to three years or longer. An attorney provides a timeline estimate based on the specific facts.
We Are Ready When You Are
There is no rush, and there is no pressure. When your family is ready to understand your legal options, we are here to explain them.
George Salinas Injury Lawyers. Trusted in San Antonio for over four decades.
Free consultation. No fee until we win. Available 24/7.
Call (210) 225-0909. | George Salinas Injury Lawyers | 6243 I-10 Ste. 955, San Antonio, TX 78201