When a car accident in San Antonio takes a loved one, filing a wrongful death claim after a San Antonio car accident may be the last thing on your mind. But it is a necessary step toward accountability and securing your family’s future.
In Texas, surviving spouses, children, and parents have the legal right to file a claim for damages when a death is caused by someone else's negligence or wrongful act. This right is a powerful tool for justice.
Our job is to take care of all the legal work so you can focus on taking care of yourself and your family. Our San Antonio wrongful death lawyers will investigate what happened, deal with insurance companies, handle all the paperwork, and fight for you in court if needed. You don't have to do any of that.
Call the attorneys at Cowen | Rodriguez | Peacock at (210) 941-1306 for a no-cost discussion about your situation.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
Who Has the Right to Seek Justice? The Strict Hierarchy of a Texas Wrongful Death Claim
Texas law is strict about who can file a wrongful death lawsuit. Only the closest family members have this right: the surviving husband or wife, the children, and the parents of the person who was killed.
This is established by the Texas Civil Practice and Remedies Code, Section 71.004.
A Breakdown of the Beneficiaries:
- Surviving Spouse: The person legally married to the deceased at the time of their death. This includes common-law spouses who can prove their marital status.
- Children: This includes biological and legally adopted children, regardless of their age.
- Parents: This includes the biological and adoptive parents of the deceased.
What if You're Not on That List?
Siblings, grandparents (unless they have legally adopted the child), and unmarried partners do not have the legal standing to file their own wrongful death claim in Texas.
The Three-Month Mandate: A Critical Window of Action
The law provides a specific timeline. If none of the primary beneficiaries (the spouse, children, or parents) file a claim within three calendar months of the death, the responsibility shifts. The executor or administrator of the deceased's estate is then required to file the claim.
There's only one exception to this rule: if all the eligible family members (spouse, children, and parents) decide together that they don't want to pursue a lawsuit.
Why It’s Better to be United
There's a big advantage to filing one lawsuit as a family instead of multiple separate ones. It creates a stronger case that's harder to defend against, and it stops lawyers from trying to pit family members against each other.
What Is a "Wrongful Act" in a San Antonio Crash? From Negligence to Gross Misconduct
The foundation of your claim rests on proving the death was caused by a “wrongful act, neglect, carelessness, unskillfulness, or default.” In plain English, it means someone else was at fault for the fatal accident.
In most car accident cases, this comes down to proving negligence. This means you don't have to prove someone meant to cause harm; you just need to show they weren't careful enough, and that carelessness led to the death.
In a civil case, the standard of proof is different from a criminal trial. You don't need to prove fault "beyond a reasonable doubt" (~95% likely to be true). Instead, you must prove it by a preponderance of the evidence, which means showing it was "more likely than not" (just over ~50% likely to be true) that the other party’s actions led to the accident.
Common Forms of Negligence on San Antonio Roads:
- Driving While Intoxicated (DWI): This is a particularly egregious form of negligence. San Antonio has been identified as one of the worst cities in the U.S. for drunk driving.
- Speeding and Aggressive Driving: Higher speeds contribute directly to more severe outcomes. Despite fewer cars being on the road in 2020, fatal crashes in San Antonio saw an increase, suggesting that higher speeds were a major contributing factor.
- Distracted Driving: Texting, using navigation apps, or any other activity that takes a driver's attention from the road is a breach of their duty to drive safely.
- Violation of Traffic Laws: If a driver ignores a red light or a stop sign, they are clearly not following traffic laws.These actions are especially dangerous at intersections.
- Driving at Night: While not inherently negligent, it demands a higher degree of caution. Statistics show that nearly half of all accidents (48.9%) in San Antonio happen at night.
The Clock Is Ticking: Texas's Statute of Limitations for Wrongful Death
The Two-Year Rule: An Unforgiving Deadline
In Texas, you have exactly two years from the date of your loved one's death to file a wrongful death lawsuit. This is known as the statute of limitations.
If you miss this deadline, the court will almost certainly refuse to hear your case. Your right to seek any compensation will be permanently lost. But there are exceptions to this. A lawyer can review the specifics of your case and help you explore all your options. Even if you think you might have missed the window to file a claim, give us a call.
Why the Clock Starts Immediately
The at-fault driver's insurance company may begin their processes without delay, as their investigation begins the moment the accident is reported. They are gathering evidence, interviewing witnesses, and building a case to minimize their financial liability.
Evidence does not last forever. Skid marks on the pavement fade. The vehicles involved in the crash may be sold for scrap. Witnesses can move away, or their memories of the event can become less clear over time. Every day that passes is a potential advantage for the defense.
The "Discovery Rule" – A Rare Exception:
In very limited circumstances, the two-year clock might be paused. The "discovery rule" can apply if the surviving family members did not know, and could not have reasonably known, that the death was caused by a wrongful act.
For example, if a hidden manufacturing defect in a car part was concealed and only came to light years later.
The Anatomy of Compensation: What a Wrongful Death Claim Is Actually Worth
The purpose of damages in a wrongful death claim is to provide financial stability for your family's future and to hold the negligent party accountable for the full scope of the devastation they caused.
A Breakdown of Potential Damages in Texas:
Damages are typically separated into three categories:
1. Economic Damages (The Tangible Losses): These are the calculable financial losses resulting from the death.
- Loss of Earning Capacity: The income the deceased would have reasonably been expected to earn over their natural lifespan.
- Loss of Inheritance: The value of the assets the deceased would have likely accumulated and left to their family.
- Loss of Household Services: The monetary value of the services the deceased provided, such as childcare, home repairs, financial management, or yard work.
- Medical Expenses: The cost of any medical care your loved one received from the time of the accident until their death.
- Funeral and Burial Costs: The direct, out-of-pocket expenses for the funeral and burial.
2. Non-Economic Damages (The Intangible Losses): These are the profound human losses that do not have a simple price tag.
- Loss of Companionship and Society: For the loss of the unique love, comfort, guidance, and companionship of the deceased.
- Mental and Emotional Anguish: For the immense grief, sorrow, and emotional pain suffered by the surviving family members as a result of the death.
3. Exemplary Damages (Punitive Damages):
These damages are rare and serve a different purpose. They are not meant to compensate the family for a loss. Instead, they are intended to punish the defendant for "gross negligence" or "malice" and to act as a deterrent to prevent similar behavior in the future.
An example would be a drunk driver who was also speeding excessively through a school zone. Their conduct goes beyond a simple mistake and shows a conscious disregard for the safety of others, which may warrant these additional damages. A lawyer will help determine if these apply.
Building Your Wrongful Death Lawsuit
From the moment you decide to pursue a claim, the process of building your case begins. The goal is to prove who caused the accident and show the court how much this has cost your family.
The Pillars of a Strong Claim:
Immediate Investigation: We do not simply rely on the police report as the final word. Our legal team may initiate an independent investigation to uncover all the facts.
- Accident Reconstruction: We may hire professionals to analyze the crash scene, vehicle damage, and the physics of the collision to create a scientific model of how the accident occurred.
- Witness Interviews: It is important to locate and interview anyone who saw the crash before their memories fade or they are contacted by the insurance company for the other side.
- Preservation of Evidence: We send legal notices, known as spoliation letters, to the opposing party. These letters demand that they preserve key evidence, such as the vehicle involved in the crash, the driver's cell phone records, or data from the vehicle's "black box."
Calculating the True Loss:
- Economic Experts: We may work with economists and vocational specialists to project the full financial impact of your loss over a lifetime. This is not a guess; it is a detailed economic calculation based on established formulas.
- Grief Counselors and Psychologists: While we understand your pain is personal, documenting the true extent of the family's emotional anguish can provide concrete evidence to support claims for non-economic damages.
Dealing with the Insurance Company:
- The Magic Phrase: Once you have retained legal representation, all communication must go through your attorney. If an insurance adjuster calls you, you only need to say one thing: "Please direct all communication to my lawyer."
- Their Goal vs. Your Goal: Remember, the insurance adjuster's primary job is to protect their company's bottom line by minimizing the payout on your claim. Our job is to fight for your family's best interests and maximize your recovery. These two goals are in direct conflict. Never give a recorded statement without your lawyer present and advising you.
FAQ for Filing a Wrongful Death Claim in San Antonio
Can I file a claim if my loved one was partially at fault?
Yes, in most cases. Texas follows a "proportionate responsibility" rule, also known as modified comparative negligence. You can recover damages as long as your loved one was 50% or less at fault for the accident. Your potential compensation award will be reduced by your loved one's percentage of fault.
What is a "survival action" and how is it different?
A survival action is a separate but related claim filed by the deceased's estate representative. It seeks to recover damages for the conscious pain and suffering the deceased person experienced between the moment of injury and their death. This is different from a wrongful death claim, which compensates the surviving family members for their own losses and suffering.
Will we have to go to court?
Many wrongful death cases are settled out of court through aggressive negotiation or a formal process called mediation. However, insurance companies are more likely to offer a fair settlement when they know your attorneys are fully prepared to take the case to trial. We prepare every case as if it will be presented to a jury to demonstrate that we are serious and to maximize your leverage.
What does it cost to hire your firm?
We handle wrongful death cases on a contingency fee basis. This means you pay absolutely no upfront fees for our services. We only collect a fee if and when we secure a financial recovery for you. If we do not win your case, you owe us nothing.
Can an undocumented immigrant's family file a wrongful death claim?
Yes. A person's immigration status does not affect their family's right to file a wrongful death claim in Texas. The law protects the rights of the surviving spouse, children, and parents to seek justice, regardless of their or the deceased's immigration status.
From Victim to Advocate
Partner & Attorney
Taking legal action is the first step in transforming grief into advocacy for your loved one, for your family, and for justice. You have the power to hold negligence accountable.
Let the team at Cowen | Rodriguez | Peacock fight for you. We handle these cases with the dedication and strategic focus they require.
Call us today at (210) 941-1306 to begin the conversation.