Seeking Justice and Healing After an Unimaginable Loss: Wrongful Death Claims in San Antonio

When Negligence Takes a Life, We Fight for the Living. Our Compassionate Wrongful Death Attorneys Are Here for You.

The sudden, unexpected loss of a loved one is a profound tragedy that reshapes your world. When that loss is caused by the careless, reckless, or intentional actions of another person or company, the grief is compounded by anger, confusion, and a deep sense of injustice. No amount of money can ever replace your loved one, but the law provides a path for surviving family members to seek accountability and secure the financial future that has been irrevocably altered.

At Barton & Associates in San Antonio, Texas, we approach wrongful death cases with a dual commitment: unwavering legal advocacy and profound human compassion. Our experienced San Antonio wrongful death lawyers understand the delicate balance between aggressively pursuing liable parties and guiding grieving families through the legal process with respect and sensitivity. We are dedicated to transforming your devastating loss into a powerful force for accountability, ensuring that negligent parties are held responsible and that you receive the compensation necessary to honor your loved one’s legacy and protect your family’s stability.

Understanding Wrongful Death Law in Texas: Rights, Responsibilities, and Recovery

A wrongful death claim is a civil lawsuit brought when an individual’s death is caused by the negligence, carelessness, or wrongful act of another. It is separate from any criminal charges that may be filed; its purpose is not to punish the wrongdoer with incarceration, but to provide financial compensation to the surviving family members for the damages they have suffered as a result of the death.

In Texas, wrongful death claims are governed by the Texas Wrongful Death Act (Texas Civil Practice & Remedies Code, Chapter 71) and the Texas Survival Statute. These laws define who can file a claim, what damages can be recovered, and the deadlines that must be met. It’s critical to understand that these claims are not about the estate of the deceased, but about the unique losses suffered by specific surviving relatives.

Who Can File a Wrongful Death Lawsuit in Texas?

Texas law is specific about which family members have the legal standing, or right, to bring a wrongful death claim. The claim must be filed by a personal representative of the deceased’s estate on behalf of the following eligible parties:

1. The Surviving Spouse
2. Children (including adopted children)
3. Parents

If none of these parties file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the suit. Siblings, grandparents, and other extended family members generally do not have standing to file a wrongful death claim in Texas unless they have legally adopted the deceased or were legally adopted by the deceased.

The Texas Survival Statute: A Complementary Claim

Often pursued alongside a wrongful death claim, a survival action is different. It is a claim that “survives” the death of the victim and is brought by the estate. This lawsuit seeks compensation for the losses the deceased person suffered between the time of injury and the time of death, such as:

• Medical expenses incurred prior to death
• Funeral and burial expenses
• Conscious pain, suffering, and mental anguish experienced by the deceased before passing

Our attorneys expertly handle both wrongful death and survival actions to ensure that all avenues for compensation are fully explored and pursued.

Common Causes of Wrongful Death We Handle in San Antonio

Tragically, wrongful deaths occur across a wide spectrum of circumstances. At Barton & Associates, we have the resources and experience to investigate complex fatalities and build compelling cases against responsible parties. We commonly represent families in cases involving:

• Fatal Motor Vehicle Accidents: Including catastrophic trucking collisions, drunk driving (DWI) crashes, reckless driving, and multi-vehicle pile-ups on highways like I-10, I-35, and Loop 1604.
• Commercial Trucking Accidents: When negligent trucking companies push drivers beyond hours-of-service limits, fail to maintain vehicles, or hire unsafe drivers, the results are often fatal.
• Pedestrian and Bicycle Accidents: The vulnerability of pedestrians and cyclists in collisions with motor vehicles frequently leads to the most severe outcomes.
• Workplace Fatalities and Construction Accidents: Falls from heights, electrocutions, trench collapses, and industrial equipment malfunctions. We handle third-party liability claims beyond workers’ compensation.
• Medical Malpractice: Surgical errors, misdiagnosis of fatal conditions (like heart attack, stroke, or cancer), medication errors, and birth injuries leading to infant or maternal death.
• Defective Products and Dangerous Drugs: As discussed on our related practice pages, fatalities caused by faulty automotive parts, dangerous pharmaceuticals, or defective medical devices.
• Premises Liability Incidents: Fatalities due to inadequate security leading to violent crime, swimming pool drownings, or catastrophic injuries from unsafe property conditions.
• Oil Field and Industrial Accidents: Explosions, fires, and equipment failures in Texas’s demanding energy sector.

The Damages Recoverable in a Texas Wrongful Death Case

While financial compensation is a poor substitute for your loved one, it is the method the legal system uses to address the tangible and intangible losses your family endures. Our goal is to secure a recovery that acknowledges the full extent of your family’s hardship. Recoverable damages may include:

• Loss of Care, Maintenance, Support, Services, Counsel, and Consortium: This encompasses the multitude of ways the deceased contributed to the family unit—from financial provision to guidance, love, companionship, and household management.
• Loss of Inheritance: Compensation for the assets and wealth the deceased would have likely accumulated and left to surviving family members had they lived a full life.
• Mental and Emotional Anguish: The profound grief, sorrow, depression, and emotional trauma suffered by the surviving spouse, children, and parents.
• Loss of Companionship and Society: The destruction of the positive relationship and the comfort, care, and closeness shared with the deceased.
• Pecuniary Loss (Financial Loss): The most quantifiable damage, including the loss of the deceased’s expected future earnings, benefits, and employment perks.
• Exemplary (Punitive) Damages: In cases where the death was caused by gross negligence, fraud, or malice, Texas law may allow for punitive damages. These are intended to punish the defendant and deter similar egregious conduct in the future.

Calculating the Full Value of a Life: Determining these losses, especially future earnings and non-economic losses like companionship, requires sophisticated analysis. We work with forensic economists, vocational experts, and life care planners to build a data-driven, compelling case for maximum compensation.

The Barton & Associates Approach: Compassion Meets Unyielding Advocacy

In the aftermath of a loss, the thought of a legal battle can feel overwhelming. Our process is designed to shoulder that burden for you, providing clarity and purpose during a time of chaos.

1. Compassionate, No-Pressure Consultation: We begin by listening. We understand you need time and space to grieve. Our initial meeting is about understanding what happened to your loved one and providing clear, straightforward information about your family’s legal rights, with no obligation.
2. Thorough, Independent Investigation: While law enforcement may investigate for criminal liability, we conduct our own parallel civil investigation. We secure and preserve critical evidence such as accident reports, surveillance footage, vehicle “black box” data, workplace safety records, and medical records. We identify all potentially liable parties—not just the immediate actor, but also the employers, manufacturers, property owners, or corporations whose policies enabled the tragedy.
3. Strategic Case Building with Leading Experts: We consult with top accident reconstructionists, medical professionals, safety experts, and economists. Their testimony is crucial to proving liability, establishing the cause of death, and quantifying your family’s lifelong losses.
4. Meticulous Damages Assessment: We take the time to understand your loved one’s role in the family, their career trajectory, and their dreams. We document not just the financial impact, but the profound personal loss, to present a full picture to insurance companies or a jury.
5. Assertive Negotiation & Trial Preparedness: Most wrongful death cases are resolved through settlement negotiations. Our seasoned negotiators advocate fiercely with insurance adjusters and defense counsel. However, we prepare every case as if it will go to trial. Our reputation as formidable litigators in Bexar County courtrooms often leads to more substantial and fair pre-trial settlements.

Critical Texas Statute of Limitations for Wrongful Death Claims

Time is a critical factor. In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased’s death (Texas Civil Practice & Remedies Code § 16.003(b)). There are extremely limited exceptions (such as for minors or in cases of fraud), but you should never assume an exception applies. Missing this absolute deadline will forever bar your family’s right to seek justice through the civil court system. Contacting an attorney as soon as you are able is essential to protecting your claim.

Frequently Asked Questions About Wrongful Death Claims

Q: What is the difference between a wrongful death claim and a survival action?
A: A wrongful death claim compensates the surviving family members for their own losses (loss of companionship, support, etc.). A survival action compensates the estate for the losses the deceased suffered before death (medical bills, pain, etc.). We typically file both.

Q: Can I file a lawsuit if the person responsible was criminally charged?
A: Yes. The criminal case (handled by the state) and the civil wrongful death case (handled by your family) are entirely separate. A criminal conviction can help your civil case, but it is not required. Even an acquittal in criminal court does not prevent a civil lawsuit, which has a lower burden of proof.

Q: What if my loved one was partially at fault for the accident?
A: Texas follows a “modified comparative fault” rule. If your loved one was less than 51% at fault, you can still recover damages, but the compensation will be reduced by their percentage of fault. If they were 51% or more at fault, recovery is barred. We work diligently to establish the primary fault of the other party.

Q: How long does a wrongful death case take?
A: It varies widely based on complexity, the number of defendants, and court schedules. A straightforward case may settle in months, while a complex one requiring trial could take two years or more. We will provide a realistic timeline and fight for a timely resolution while never sacrificing the value of your claim.

Q: How are settlement funds or a trial award distributed?
A: In Texas, any recovery is distributed among the eligible survivors (spouse, children, parents) according to their proportionate losses as determined by the court or through agreement. We guide families through this process with care and clarity.

Let Us Carry the Legal Burden While You Focus on Healing

Grieving is a personal journey that should not be conducted in a courtroom or across a negotiation table. By entrusting the legal fight to Barton & Associates, you can focus on supporting your family and honoring the memory of your loved one, knowing that skilled professionals are fiercely protecting your rights and future.

We take our responsibility to you seriously. You will have a dedicated legal team that is always accessible, treats you with dignity, and keeps you informed at every step. We work on a contingency fee basis for wrongful death cases, meaning there are no upfront costs or hourly fees. We only receive a fee if we successfully recover compensation for your family.

Contact Our San Antonio Wrongful Death Attorneys Today

If your family has suffered the unbearable loss of a loved one due to someone else’s negligence, do not navigate this difficult path alone. The right legal guidance can provide a sense of purpose, security, and hope for the future.

Contact Barton & Associates for a free, confidential, and compassionate consultation. We will listen to your story, explain your legal options in clear terms, and outline how we can help your family seek the justice and stability you deserve.

Call us at 210-500-0000 or complete our secure online contact form. Let us stand up for your family when you need an advocate most. Serving families throughout San Antonio, Austin and Corpus Christi, Texas.

Main Category: Personal Injury
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000