To prove wrongful death in San Antonio, you must strategically prove four key elements: a duty owed, a duty breached, a direct link between that breach and the death, and the resulting damages. It’s a fight that requires precision, proof, and a relentless pursuit of the facts.
If you’re facing this reality, call the team at Cowen | Rodriguez | Peacock at (210) 941-1306 to get a free assessment of your case. You’ll walk away with clarity and are under no obligation to work together with us.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
The Four Cornerstones for Building a Wrongful Death Case in Texas
Cornerstone 1: The Duty of Care – Was the Defendant Obligated to Act Responsibly?
Before you can prove a rule was broken, you must first establish that a rule existed. This is the duty of care. It’s a legal obligation for individuals and corporations to act with a reasonable level of caution to avoid harming others.
The law recognizes this duty in countless scenarios:
- Drivers on the Road: Every person behind the wheel in San Antonio owes a duty to every other driver, pedestrian, and cyclist to operate their vehicle safely and follow traffic laws.
- Doctors and Patients: A medical professional has a duty to provide care that meets the accepted standard within their specific field and community. A failure to do so can be the grounds for a claim.
- Property Owners and Visitors: A business that invites customers onto its premises has a duty to keep that property reasonably safe from hazards.
- Employers and Employees: An employer has a duty to provide a safe working environment, proper equipment, and adequate training to prevent foreseeable harm.
Cornerstone 2: The Breach – How Did They Fail?
This is the act—or the failure to act. Or, in other words, the specific way the defendant failed to uphold their duty of care. This is the definition of negligence. It is the moment where responsibility faltered and the chain of events leading to tragedy was set in motion.
A breach can be a single, catastrophic error or a pattern of systemic failures. In our work with trucking accident claims, for example, we often find the breach isn't just with the driver. It frequently extends to the company's negligent hiring practices, inadequate training protocols, or a history of poor vehicle maintenance.
Cornerstone 3: Causation – Did Their Actions (or Lack Thereof) Really Cause the Accident?
This is where many cases are won or lost. You must prove, with a preponderance of the evidence (meaning it was more likely than not), that the defendant's specific breach directly caused the death. The defense will work tirelessly to sever this link. They will introduce doubt, point to other potential factors, and attempt to muddy the waters.
There are two types of causation we must establish:
- Direct Causation: This is straightforward. The defendant ran a red light and T-boned the vehicle. The resulting impact was the direct cause of the fatal injuries.
- Proximate Causation: This is more complex. The action set in motion a chain of events that led to the death. For example, a construction company fails to properly secure a work zone on a highway. A piece of heavy equipment falls into the road, causing a driver to swerve to avoid it and suffer a fatal crash. The company's negligence is the proximate cause.
Cornerstone 4: Damages – Quantifying an Unquantifiable Loss
The final cornerstone is demonstrating the specific losses—financial and emotional—your family has suffered. While no amount of money can replace your loved one, the law provides a mechanism to secure your family's future and hold the negligent party accountable.
In Texas, recoverable damages can include:
- Economic Damages: These are the tangible financial losses. They include the lost earning capacity of the deceased over their expected lifetime, the loss of a potential inheritance, and the immediate costs of medical care and funeral expenses.
- Non-Economic Damages: These compensate for the profound human losses. This includes the loss of companionship, the profound mental anguish and emotional pain suffered by the family, and the loss of consortium (the loss of the unique benefits of a spousal relationship).
- Punitive (or Exemplary) Damages: In cases where the death was caused by gross negligence, malice, or a willful act, the court may award these damages. Their purpose is not to compensate the family but to punish the defendant and make an example of them to deter similar conduct in the future.
Assembling Your Arsenal: The Evidence That Fortifies Your Claim
A claim without evidence is just a story. To win, you need proof.
- Official Reports: We immediately move to secure police accident reports, autopsy reports from the medical examiner, and any investigative findings from state or federal agencies like the NTSB or OSHA. These documents form the official, objective narrative of what happened.
- Scene and Property Evidence: Time is the enemy. Photographs and videos from the scene, data from a vehicle's "black box" recorder, surveillance footage from nearby businesses, and the preservation of physical objects are absolutely foundational. This evidence can disappear or be destroyed, sometimes within hours.
- Witness Testimony: What people saw. What they heard. What they know. We locate and interview eyewitnesses to lock in their accounts before memories fade or they become difficult to find.
- Corporate and Medical Records: This is where patterns of negligence are often exposed. A trucking company's driver qualification files, maintenance logs, and post-accident drug tests. A hospital's staffing records, patient charts, and internal incident reports. These documents might reveal a history of cutting corners and ignoring safety.
- Expert Witnesses: This is a key part of the strategy at Cowen | Rodriguez | Peacock. We work with leading accident reconstructionists, medical professionals, economists, and vocational specialists. These authorities analyze the complex evidence and provide clear, authoritative testimony that explains to a judge and jury how and why the death occurred and what the full extent of the financial loss is.
The Ticking Clock: Why the Texas Statute of Limitations Is Not a Suggestion
In Texas, you have a finite window to act.
Under Texas Civil Practice & Remedies Code § 16.003(b), a wrongful death lawsuit must be filed no later than two years after the date of the deceased person's death. Two years sounds like a long time. It isn’t. Time moves differently after a tragedy. While you are trying to heal, crucial evidence can be lost, witnesses can move away, and the legal complexities of building a powerful case take significant time.
While a very rare exception known as the "discovery rule" can sometimes extend this deadline if the cause of death wasn't immediately known, you cannot depend on it. The clock starts on the day your loved one died. Waiting is a gamble you cannot afford to take.
Who Can Demand Justice? Identifying the Plaintiffs in a Wrongful Death Lawsuit
Not just anyone can file a wrongful death claim. Texas law is specific about who has the legal standing to bring a case forward and demand accountability.
According to Texas Civil Practice & Remedies Code § 71.004, the action can be filed for the exclusive benefit of the deceased’s:
- Surviving spouse
- Children (including legally adopted children)
- Parents
These parties can file the lawsuit together or individually. If none of these designated family members file the claim within three calendar months of the death, the executor or personal representative of the deceased's estate can then file it instead, unless specifically requested not to by the surviving family.
The Difference Between a Wrongful Death Lawsuit and a Criminal Case
A criminal case is the State versus the defendant. The government, through a prosecutor, charges someone with a crime—manslaughter, for example. The goal is punishment, jail time, and/or fines paid to the state. In this arena, you and your family are witnesses. Important ones, to be sure, but you are not in control. The prosecutor decides what charges to file and what plea bargains to offer.
A wrongful death claim is a civil lawsuit. This is your fight. It is you and your family versus the person or company whose negligence caused your loved one’s death. The goal here isn’t prison; it’s financial compensation. It is a powerful tool designed to provide for the family left behind and force the responsible party to answer for the devastation they caused in a tangible, monetary way.
Why can you win a wrongful death lawsuit even when a criminal case fails? It boils down to one thing: the burden of proof.
- In criminal court, the prosecutor must prove guilt "beyond a reasonable doubt." It’s an incredibly high standard, requiring the jury to be virtually certain of guilt. Any reasonable doubt, and they must acquit.
- In civil court, you only need to prove your case "on a balance of probabilities" (as we mentioned earlier). You just have to show that it is more likely than not—even just 50.1% likely—that the defendant’s actions caused the death.
This is why a defendant can be acquitted in criminal court but still be found financially liable in civil court for the very same act.
FAQs for Proving Wrongful Death in San Antonio
What if the person who died was partially at fault?
Texas follows a "proportionate responsibility" rule, sometimes called modified comparative negligence. Under this rule, you can still recover damages as long as your loved one is found to be 50% or less at fault. Your financial recovery will then be reduced by their percentage of fault. If they are found to be 51% or more at fault, you are barred from recovering any damages.
What if the person who caused the death was working for a company at the time?
The company can often be held liable through a legal doctrine called "respondeat superior," which is Latin for "let the master answer." If the employee was acting within the course and scope of their employment when the negligence occurred, the employer can be named as a defendant and held financially responsible for the employee's actions.
What is a "survival action"?
A survival action is a related but distinct claim often filed alongside a wrongful death suit. Governed by the Texas Survival Statute, this claim seeks to recover damages that the deceased person themselves could have claimed had they survived. This includes their own physical pain and suffering, medical bills incurred before death, and lost wages between the time of injury and death.
The insurance company for the at-fault party has already offered a settlement. Should I take it?
You should never accept an insurance company's initial settlement offer without first consulting with an attorney who handles wrongful death cases. Insurers' first offers are typically made surprisingly quickly; that is, before the true scope of your loved one’s passing is clear.
Think of the impact your loved one’s passing has on your life, both in terms of the economic and non-economic damages we outlined earlier. It takes time to accurately assess this. It may take a while, but an experienced attorney will evaluate the true value of your claim and fight for the fairest compensation available under the law.
Build Your Case with Cowen | Rodriguez | Peacock
Partner & Attorney
The path to justice requires a strategic plan, relentless investigation, and an unwavering commitment to holding the responsible parties accountable.
Let us fight for the maximum compensation available for your family under the law.
Start building your case today by calling Cowen | Rodriguez | Peacock at (210) 941-1306.