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Wrongful Death Lawyer in San Antonio, TX

When a loved one dies due to someone else's negligence or wrongful act, families face overwhelming grief while navigating complex legal challenges. Almaraz Law Firm has stood with San Antonio families for over 25 years, providing compassionate legal representation in wrongful death cases throughout Bexar County and South Texas. Our attorneys understand the profound impact these tragic losses have on families and work tirelessly to secure the justice and compensation you deserve.

How a San Antonio Wrongful Death Lawyer Can Help

A wrongful death attorney serves as your advocate during one of life's most difficult times. At Almaraz Law Firm, we handle every aspect of your wrongful death case, from investigating the circumstances surrounding your loved one's death to negotiating with insurance companies and representing you in court if necessary.

Our legal team conducts thorough investigations, working with medical professionals, accident reconstruction specialists, and other qualified professionals to build a strong case. We gather critical evidence, interview witnesses, and analyze medical records to establish liability and demonstrate the full extent of your family's losses.

Located near the Majestic Theatre and San Antonio River Walk, our San Antonio office at 8422 Fountain Circle provides convenient access for families throughout the greater San Antonio area, including neighborhoods like Alamo Heights, Stone Oak, and Westside. We also serve families in surrounding communities such as New Braunfels, Seguin, and Fredericksburg.

What Is a Wrongful Death Claim in Texas?

Under Texas law, a wrongful death occurs when a person dies as a result of another party's negligent, reckless, or intentional conduct. Texas Civil Practice and Remedies Code Chapter 71 governs wrongful death claims and establishes the legal framework for pursuing compensation when someone's actions or omissions cause a preventable death.

To succeed in a wrongful death case, your attorney must prove that the defendant owed a duty of care to the deceased, breached that duty, and that the breach directly caused the death. This legal standard applies whether the death resulted from a car accident on Interstate 35, medical malpractice at one of San Antonio's major hospitals like Methodist or Baptist Health System, or a workplace incident at one of the city's industrial facilities.

The statute of limitations for wrongful death claims in Texas is generally two years from the date of death, making it crucial to consult with a wrongful death lawyer as soon as possible to protect your family's rights.

Who Can File a Wrongful Death Lawsuit in Texas?

Texas law strictly limits who may file a wrongful death claim. Only certain family members have the legal standing to pursue these cases, and understanding these requirements is essential for protecting your rights.

Eligible parties include:

  • Surviving spouse - A current spouse retains the right to file even if separated from the deceased
  • Children - This includes biological children, adopted children, and in some cases, stepchildren
  • Parents - Biological or adoptive parents of the deceased

If no eligible family member files a lawsuit within three months of the death, the personal representative of the deceased's estate may file on behalf of the family. This representative must distribute any recovery according to Texas intestacy laws.

Notably, siblings, grandparents, and other extended family members cannot file wrongful death claims under Texas law, even if they were financially dependent on the deceased or suffered significant emotional harm.

Compensation Available in a Wrongful Death Case

Texas wrongful death law allows families to recover various types of damages that reflect both economic losses and the intangible value of their relationship with the deceased. Understanding these categories helps families appreciate the full scope of potential compensation.

Economic damages include lost wages and benefits the deceased would have earned over their lifetime, considering factors like age, health, education, and career trajectory. For a young professional working in San Antonio's growing technology sector or healthcare industry, these calculations can be substantial.

Non-economic damages compensate for the loss of companionship, guidance, and emotional support the deceased provided. These damages recognize that family relationships have value beyond financial contributions and attempt to address the profound impact of losing a loved one.

Additional recoverable damages include funeral and burial expenses, medical bills incurred before death, and mental anguish suffered by surviving family members. In cases involving gross negligence or intentional misconduct, Texas law may also allow for exemplary damages designed to punish the wrongdoer and deter similar conduct.

Common Wrongful Death Cases We Handle in San Antonio

Almaraz Law Firm has successfully represented families in wrongful death cases arising from various circumstances throughout San Antonio and South Texas. Our experience handling complex cases gives us unique insight into the challenges these families face.

Motor Vehicle Accidents

Motor vehicle accidents represent a significant portion of wrongful death cases, particularly given San Antonio's busy highways like Loop 1604, Highway 281, and Interstate 10. Whether involving passenger cars, commercial trucks, or motorcycles, these accidents often result from distracted driving, speeding, or impaired driving.

Medical Malpractice

Medical malpractice cases arise when healthcare providers fail to meet accepted standards of care, resulting in preventable deaths. San Antonio's numerous hospitals and medical facilities, including the South Texas Medical Center, see thousands of patients daily, and unfortunately, medical errors do occur.

Workplace Accidents

Workplace accidents are particularly common in San Antonio's industrial sectors, including construction, manufacturing, and oil and gas operations. These cases often involve complex regulations and multiple potentially liable parties.

Premises Liability

Premises liability cases occur when dangerous conditions on someone else's property lead to fatal accidents. This might include slip and fall incidents at local businesses near the Pearl District or drowning accidents at improperly maintained swimming pools.

Our firm has also handled high-profile cases, including representing families affected by the Astroworld Festival tragedy and the Robb Elementary School shooting, demonstrating our ability to handle complex, sensitive cases that require both legal skill and compassionate advocacy.


For a free consultation, contact us online, or give us a call at 956-450-1671 today!


Frequently Asked Questions

  • How long do I have to file a wrongful death lawsuit in Texas?

    You generally have two years from the date of death to file a wrongful death lawsuit in Texas. However, certain circumstances may affect this deadline, making it crucial to consult with an attorney promptly.

  • Can I file a wrongful death claim if my loved one was partially at fault?

    Texas follows a modified comparative negligence rule. If your loved one was less than 51% at fault for the accident, you may still recover damages, though the amount will be reduced by their percentage of fault.

  • What if the person responsible for the death faces criminal charges?

    Criminal proceedings are separate from civil wrongful death cases. You can pursue a wrongful death claim regardless of whether criminal charges are filed or the outcome of any criminal case.

  • How much does it cost to hire a wrongful death attorney?

    Almaraz Law Firm works on a contingency fee basis for wrongful death cases, meaning you pay no attorney fees unless we secure compensation for your family.

  • What happens if there are multiple eligible family members?

    When multiple family members are eligible to file, Texas law requires them to coordinate their claims. If they cannot agree, the court may appoint a representative to file on behalf of all eligible parties.

  • Can we recover damages for pain and suffering the deceased experienced before death?

    While wrongful death claims focus on survivors' losses, a separate survival action may allow recovery for the deceased's pain and suffering before death, though Texas law limits these recoveries.

Speak With a Wrongful Death Lawyer in San Antonio Today

No amount of money can replace your loved one or fully compensate for your loss, but pursuing a wrongful death claim can provide financial security for your family's future and ensure accountability for those responsible. Almaraz Law Firm has recovered over $500 million for clients throughout Texas, with more than $100 million secured in 2025 alone.

Our San Antonio legal team understands the unique challenges families face in wrongful death cases and provides the compassionate, skilled representation you need during this difficult time. We handle all aspects of your case, allowing you to focus on healing while we fight for the justice your family deserves.

Don't let insurance companies minimize your family's loss or delay the compensation you need. Contact our experienced wrongful death attorneys today for a Free Case Review for Injury Victims. Call 956-450-1671 or visit our contact page to schedule your consultation and take the first step toward securing your family's future.


For a free consultation, contact us online, or give us a call at 956-450-1671 today!