When a fatal crash takes someone you love, your family can hold the at-fault driver and their insurer accountable through a wrongful death claim. Our San Antonio wrongful death lawyer team at Cowen Law Car & Truck Accident Lawyers represents Bexar County families after deadly car, truck, and rideshare collisions.
Losing a relative in a preventable wreck leaves more than grief. Medical bills, funeral costs, and lost income arrive fast. A claim cannot undo that loss, but it can steady your family's footing and force the responsible party to answer for it.
Call for a free case review today. Our attorneys will tell you, in plain language, whether your family has a claim.
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What Counts As A Wrongful Death Claim In Texas?
A wrongful death claim is a civil case that surviving family members bring when a loved one dies because of another party's negligence. The claim lets close relatives recover for the financial and personal losses that follow a preventable death.
Texas holds a driver or company liable when a wrongful act, neglect, or carelessness causes a death, under Texas Civil Practice and Remedies Code §71.002. For a fatal crash, that often means proving the other driver broke a traffic law or a trucking company ignored safety rules.
A wrongful death claim stays separate from any criminal charges. Even when prosecutors decline a case, your family can still pursue a civil claim for damages.
Who Can File A Wrongful Death Claim After A San Antonio Crash?
Texas limits who may file. Only the deceased person's surviving spouse, children, and parents can bring a wrongful death claim, and any one of them may file for the benefit of all.
Siblings, grandparents, and cousins cannot file under this rule, even when they were close to the person who died. Texas Civil Practice and Remedies Code §71.004 sets out exactly who qualifies. If no eligible family member files within three months of the death, the estate's representative may bring the case on the family's behalf.
What Kinds Of Fatal Crashes Does Cowen Law Handle?
Our wrongful death attorney San Antonio team handles claims that come from motor vehicle collisions across Bexar County. For example, a fatal freeway pileup, a delivery truck running a red light, or a speeding rideshare driver downtown can each support a claim.
Commercial vehicle cases often involve more than one at-fault party. Depending on the circumstances of the crash, the following may be held liable for paying out wrongful death benefits:
- Drivers
- Trucking companies
- Delivery companies (Amazon, UPS, and FedEx)
- Maintenance contractors
- Cargo loaders and companies
- Rideshare companies (Uber and Lyft)
- Construction companies
Specifically, large companies and carriers stack layered insurance policies, which changes how your family pursues full recovery. Speak with our San Antonio attorneys, no obligation, to learn who may be responsible in your case.
What Damages Can A Texas Wrongful Death Claim Recover?
A wrongful death claim can recover both the money your family lost and the harder-to-measure losses that come with a death. Texas courts permit surviving relatives to seek several categories tied to the relationship they lost. Families in San Antonio may pursue the following damages:
- Funeral and burial expenses
- Lost income
- Future earnings the decedent would have provided
- Loss of inheritance
- Value of lost household services (cleaning, childcare, and maintenance the deceased would have provided)
- The surviving family's mental anguish
- Loss of companionship, comfort, and guidance
The value of these losses depends on the deceased's age, earnings, and role in the family. A claim for a young parent who supported children looks very different from a claim involving an adult child who lived independently.
How Is A Survival Action Different From A Wrongful Death Claim?
A wrongful death claim compensates for what the family will go without. In contrast, a survival action recovers what the deceased person could have claimed had they lived. Families often file both after a fatal crash.
The survival claim covers the decedent's own losses between the injury and death, such as medical bills, lost wages up to the point of death, and the conscious physical pain and mental anguish the victim endured before death.
Texas Civil Practice and Remedies Code §71.021 keeps that personal injury claim alive for the estate. Filing allows your family to seek the fullest recovery the law allows. Our San Antonio wrongful death lawyers sort out which damages belong to which claim.
Why The First Days After A Fatal Crash Matter
The choices your family makes early shape the strength of a claim. Crash scene evidence can vanish within days, and insurers often reach out with quick offers before families understand what a case is worth.
Texas generally gives families two years from the date of death to file, under Texas Civil Practice and Remedies Code §16.003. The clock starts on the day of death, not the day of the wreck.
Step one is getting the crash investigated before vehicles are repaired or scrapped. Next, our attorneys handle the insurance adjusters so they stop pressuring your family for statements. The primary reason early help matters is that a rushed settlement rarely reflects the true value of a life.
Find out what your wrongful death case may be worth. A short call with our attorneys costs nothing, and you're under no obligation to retain our services following your free consultation.
What Evidence Helps Prove A Wrongful Death Claim?
Strong wrongful death claims rest on physical proof, not just memory. Our San Antonio wrongful death lawyer team gathers records that show how the crash happened and who failed to act safely, then ties that conduct to your loved one's death.
In a truck case, the driver's hours-of-service logs, the federal records of how long a trucker drove, and the rig's onboard data recorder, the device that stores speed and braking, often reveal fatigue or speeding. In contrast, a rideshare claim may turn on trip data and app timestamps pulled from the driver's account.
Camera footage from nearby businesses and intersections, the police crash report, and witness statements round out the picture. Our attorneys work to secure this material before companies overwrite or delete it, and they bring in crash reconstruction professionals when a case calls for it.
Every wrongful death claim is valued differently. Let us review your family's losses and tell you what your case may be worth, free and with no obligation.
Why Families Across Bexar County Choose Cowen Law
Our practice centers on car and truck crash cases, so our attorneys know how trucking insurers and rideshare carriers defend fatal claims. Cowen Law Car & Truck Accident Lawyers has represented Texas families in wrongful death litigation, and our attorneys regularly appear in the Bexar County civil courts where these cases are filed.
You pay nothing upfront. Our wrongful death lawyer San Antonio team works on a contingency fee, so legal costs come out of any recovery rather than your pocket.
Every family works directly with the attorneys handling their case. Our team explains each development as the claim moves through investigation, negotiation, and, when needed, trial.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
Frequently Asked Questions About San Antonio Wrongful Death Claims
How Long Does A Wrongful Death Case Take To Resolve?
Most wrongful death claims resolve within several months to a couple of years, depending on the number of at-fault parties and whether the insurer disputes liability. A truck case with several defendants usually runs longer than a single-driver claim. Our attorneys give you a realistic timeline after reviewing the facts.
Can I Still File If My Loved One Was Partly At Fault?
Possibly. Texas follows a modified comparative fault rule, so your family can still recover if the decedent was 50% or less responsible for the crash. The recovery drops by the deceased's share of fault. Our attorneys assess how fault may affect your specific claim before you decide anything.
Do I Have To Go To Court For A Wrongful Death Claim?
Not always. Many claims settle through negotiation without a trial. A case heads to court when the insurer refuses a fair amount or disputes who caused the crash. Our attorneys prepare every claim as if it will reach a jury, which strengthens your position at the settlement table.
What Happens During A Free Case Review?
Our San Antonio wrongful death attorneys listen to what happened, explain whether your family has grounds to file, and walk you through the likely value of your case and the next steps. You leave with clear answers, not pressure.
Bring any crash reports, medical records, or insurance letters you have. However, none are required to get started on filing your claim.
Start Your Free Case Review With Cowen Law
No family should have to battle an insurance company while grieving. The attorneys at Cowen Law Car & Truck Accident Lawyers will review what happened, answer your questions in plain language, and carry the legal work so you can tend to your family.
Call us today for a free case review. We will explain whether your family has a claim, what it may be worth, and how the deadline applies to your case, with no obligation to hire us.
Schedule A Free Case Consultation
Cowen Law - Texas Office
Address: 6243 I-10 #801, San Antonio, TX 78201
Contact No: (210) 941-1306