Losing someone you love because of someone else's careless or reckless actions is one of the hardest things any family can go through. The pain doesn't stop at grief. When a death results from negligence, families are often left with deep emotional scars, unpaid bills, and unanswered questions. No legal process can undo what happened, but holding the responsible party accountable may offer some measure of justice.
At Cowen | Rodriguez | Peacock, our San Antonio wrongful death lawyer team supports grieving families who want answers and action. We understand how these cases work under Texas law, and we’re ready to step in and help when someone else’s behavior leads to a preventable death. If you’re in this situation, you don’t have to go through it alone. Contact us for a free consultation to learn how we can help.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.
What Is Wrongful Death Under Texas Law?
In Texas, wrongful death claims are allowed when a person dies due to the "wrongful act, neglect, carelessness, unskillfulness, or default" of another person or entity. The death must be something that wouldn't have occurred if the other party had acted with reasonable care.
To bring a wrongful death claim, the person filing must show that:
- The at-fault party owed the deceased a duty of care
- That duty was breached
- The breach caused the death
- Survivors suffered measurable harm because of it
Distinction from Criminal Cases
Wrongful death lawsuits are civil claims. They don’t involve criminal charges or punishment like jail time. Instead, the goal is to hold the at-fault party financially responsible. A criminal case may happen at the same time, but a civil claim follows a separate path with a lower burden of proof.
Common Causes of Wrongful Death in San Antonio
People can suffer fatal injuries in many different situations around San Antonio. Some areas like Loop 410, downtown construction zones, or entertainment districts such as the Pearl can be especially dangerous under the wrong circumstances.
Here are some of the most common causes of wrongful death our firm sees:
- Car Accidents: Drunk driving, distracted driving, and speeding cause deadly crashes on roads like I-35 and Highway 90.
- Truck Accidents: Semi-trucks can cause fatal crashes in places like the I-10 corridor. These accidents often involve commercial carriers with large insurance policies and aggressive legal teams.
- Pedestrian Accidents: Busy intersections near schools or tourist areas like the San Antonio River Walk have seen pedestrian fatalities.
- Rideshare Accidents: Uber and Lyft drivers may be inexperienced or distracted, leading to serious crashes throughout neighborhoods like Alamo Heights.
- Defective Products: Dangerous tools, toys, appliances, or auto parts can cause fatal injuries when companies fail to fix known hazards.
- Premises Liability: Falls, poor lighting, lack of security, and structural hazards have led to fatal accidents in shopping centers, apartment complexes, and public venues like Market Square.
- Brain Injuries: Serious head trauma caused by falls, violent assaults, or high-speed wrecks can lead to brain damage and death.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law limits who can file a wrongful death claim. If you're unsure whether you have the legal right to take action, we can walk through your relationship to the deceased and help you move forward if you qualify.
Surviving Spouse Rights
The surviving spouse may file a wrongful death claim in Texas. This applies whether the couple was legally married at the time or legally separated. Same-sex spouses have the same rights under the law.
Children's Rights to File
Biological and legally adopted children can file claims on their own or together with other surviving family members. Adult children also have this right. Stepchildren usually cannot file unless they were legally adopted.
Parents of Deceased Minors
Parents may bring a wrongful death claim if their child died because of someone else’s wrongful act. This right includes both mothers and fathers, regardless of whether the child was a minor or adult.
Representative of the Estate
If no family members bring a wrongful death claim within three months of the person’s death, the personal representative or executor of the estate may file the claim. The damages still go to surviving beneficiaries.
Types of Damages Available in Wrongful Death Cases
Wrongful death claims focus on the harm that surviving family members suffered due to the loss. The types of damages available depend on the facts of the case.
Economic Damages
These include the financial support the deceased would have provided if they had lived. It can cover:
- Lost income and benefits
- Medical expenses from the injury or illness
- Funeral and burial costs
- Loss of household services
Non-Economic Damages
This type of damage reflects how the death affected the survivors on a personal level. It may include:
- Loss of companionship
- Loss of parental guidance
- Mental pain and anguish
- Loss of care and support
Punitive Damages (When Applicable)
If the other party acted with gross negligence or intentionally caused harm, the court may award punitive damages. These aren’t meant to compensate but to punish and deter similar behavior.
Survival Action vs. Wrongful Death Claims
A survival action is different. It focuses on the harm the deceased experienced between the injury and their death. That claim belongs to the estate and can recover damages for pain, suffering, and lost earnings during that period.
What Evidence Is Needed to Prove a Wrongful Death Case?
Wrongful death claims rely on strong, clear evidence to show liability and the impact of the loss. Every case needs a detailed investigation.
Medical Records and Documentation
Records showing the cause of death and treatments received help prove the connection between the other party’s conduct and the fatal injury.
Witness Statements
People who saw the event or know details about the incident can offer important testimony. Their accounts may support what happened and who was responsible.
Expert Testimony Requirements
Medical experts, accident reconstructionists, and economists may be brought in to explain technical details. Their input helps prove both fault and the value of the claim.
Financial Documentation
Tax returns, pay stubs, and benefit statements show what the deceased would have earned. These numbers help calculate lost financial support.
How Long Do You Have to File a Wrongful Death Claim?
Texas Civil Practice and Remedies Code § 16.003 sets a two-year statute of limitations for wrongful death claims. This period usually starts on the date of the person’s death. Once those two years pass, the court can dismiss the case, even if the facts strongly support the claim.
Discovery Rule Exceptions
In rare situations, the two-year clock might not start right away. Under the discovery rule, the deadline could begin when the family learns, or reasonably should have learned, that the death was caused by another party’s wrongful actions.
This often applies in cases involving:
- Dangerous medical devices that failed over time
- Defective drugs with hidden side effects
- Industrial exposure to toxic substances
If the death’s cause wasn't immediately obvious, this rule might give families more time to act. However, the court will expect strong evidence showing why the delay in filing was reasonable.
Special Circumstances That May Extend the Deadline
Certain situations may pause or toll the statute of limitations in Texas. These exceptions include:
- Minors: If a child is eligible to file a wrongful death claim (for example, for a parent), the clock may pause until the child turns 18.
- Defendant leaves the state: If the person responsible for the death moves out of Texas after the incident and before a claim is filed, that time might not count toward the two years.
- Mental incapacity: If the person with the legal right to file is declared mentally incompetent, the filing period may be extended until that status changes.
These exceptions don’t apply automatically. Courts look at the details of each case, and proving an extension requires strong support.
The Wrongful Death Claims Process in San Antonio
Wrongful death cases move through a number of steps. Knowing what to expect can help you feel more in control of the process.
Initial Case Investigation
We begin by reviewing what happened, collecting evidence, speaking to witnesses, and analyzing whether someone else's negligence led to the death.
Filing the Lawsuit
Once we gather enough support for the claim, we file a petition in the appropriate court. This officially starts the legal process.
Discovery Phase
Both sides exchange evidence and information. This phase can include written questions, depositions, and subpoenas for documents.
Settlement Negotiations
We work to reach a full settlement with the insurance company or defense team. If they refuse to make a fair offer, we prepare for trial.
Trial Preparation and Proceedings
If the case goes to trial, we present the evidence to a judge or jury, question witnesses, and argue why the other party should be held accountable.
How Our Attorneys Can Help
Families deserve to work with lawyers who take the time to understand their loss and fight to hold the responsible party accountable.
Comprehensive Case Investigation
We dig deep into the facts and collect every piece of evidence that supports your claim.
Gathering Critical Evidence
From police reports to cell phone records to maintenance logs, we leave no stone unturned.
Working with Medical and Economic Experts
We connect with trusted experts who can explain the full impact of the loss, including future costs.
Handling Insurance Companies
Insurance carriers often try to pay as little as possible. We push back and fight for the full value of your case.
Maximizing Compensation Recovery
We work to recover the maximum compensation available under Texas law based on the facts and losses involved.
Providing Compassionate Support During Difficult Times
You don’t have to carry the burden alone. We’re here to guide you through each step with respect and care.
Why Choose Our Firm
Families throughout San Antonio choose Cowen | Rodriguez | Peacock for many reasons.
Extensive Experience in Texas Wrongful Death Law
We’ve handled wrongful death claims across a wide range of causes. That experience helps us build strong cases from the beginning.
Proven Track Record of Success
Our results reflect the hard work and commitment we bring to every case.
No Fee Unless We Recover Damages
You won’t pay us unless we secure a recovery through a settlement or verdict.
Local Knowledge of San Antonio Courts
We know how Bexar County courts operate and how local judges and juries respond to different types of cases.
Personalized Attention to Each Case
We don’t treat families like numbers. Your case will receive the time and attention it deserves.
Resources to Handle Complex Cases
We have access to investigators, medical consultants, and trial tools needed to take on large corporations or insurance companies.
Frequently Asked Questions About Wrongful Death Claims
Can I file a wrongful death claim if there's also a criminal case?
Yes. Civil claims are separate from criminal proceedings. You don’t need to wait for a criminal trial to finish before filing a wrongful death lawsuit.
What if the deceased person was partially at fault?
Texas uses proportionate responsibility. If the deceased was less than 51% at fault, the claim can still move forward, but the recovery amount may be reduced.
How is compensation divided among multiple survivors?
If more than one person is entitled to damages, the court or settlement will divide the amount based on their relationship to the deceased and their level of loss.
What happens if the at-fault party has no insurance?
We explore other possible sources of compensation, such as the person’s assets, uninsured motorist coverage, or third-party liability.
Can I still file if the deceased person didn't have dependents?
Yes. Texas law doesn’t require the deceased to have dependents. Parents, children, or the estate may still have grounds for a claim.
Contact Our San Antonio Wrongful Death Attorneys Now
Every day that passes can affect your case. Evidence may disappear. Witnesses may move or forget key details. That’s why acting quickly matters. If your loved one died due to someone else's negligent or wrongful actions, call Cowen | Rodriguez | Peacock at (210) 941-1301 today. Your consultation is free and confidential. Let us explain your legal options and help you take the next step forward.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.