Understanding Wrongful Death Lawsuits in San Antonio TX: Causes, Claims & Compensation

Losing a loved one unexpectedly is devastating. When that loss happens because of someone else’s negligence or misconduct, the grief is often compounded by anger, confusion, and financial stress. In San Antonio, Texas, families may have the right to pursue a wrongful death lawsuit with the help of an attorney to seek accountability and financial compensation.

This guide explains how wrongful death claims work in San Antonio, what causes commonly lead to these cases, who can file, and what compensation may be available to surviving family members. If you have more questions or would like information about your specific case, contact Carabin Shaw as soon as possible to schedule your FREE case review. Our law firm has represented victims across Texas for more than 30 years and will fight hard for the justice and compensation you are owed.

Under Texas law, a wrongful death occurs when a person dies due to the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity. A wrongful death lawsuit is a civil claim that allows certain surviving family members to seek financial damages.

In San Antonio, Texas, and across the state, these cases are governed by the Texas Civil Practice & Remedies Code. Wrongful death claims are separate from criminal cases. Even if no criminal charges are filed, or if a defendant is acquitted, families can still pursue a civil wrongful death claim.

Wrongful death claims in Texas can arise in many different situations. Some of the most common causes in the San Antonio area include:

Fatal accidents involving:

• Passenger vehicles
• Commercial trucks
• Motorcycles
• Pedestrians
• Drunk or distracted drivers

High-traffic areas like I-35, Loop 410, and US-281 frequently see serious and fatal collisions.

Construction, oilfield, and industrial job sites can present serious hazards. Fatal work incidents may involve:

• Falls from heights
• Equipment malfunctions
• Electrocutions
• Exposure to toxic chemicals

There are a number of job-related accidents that may fall under this category.

Healthcare providers may face wrongful death claims if negligence leads to fatal outcomes, including:

• Surgical errors
• Misdiagnosis or delayed diagnosis
• Mediation mistakes
• Birth-related complications

Texas law limits who can bring about a wrongful death lawsuit in San Antonio. It usually must be the surviving spouse, children, or parents of the deceased.

For a successful claim, the plaintiff must prove:

1. Duty of care: the defendant owed a legal duty to the deceased
2. Breach of duty: the defendant failed to meet this duty
3. Causation: this breach directly caused the death
4. Damages: the surviving family members suffered measurable harm

Your lawyer will build a strong case on your behalf using evidence to support the claim and seek damages. Damages may be economic, non-economic, or even punitive.

It is important to note that the statute of limitations in these cases is within two years, so it’s important to act quickly to get prompt legal help.

Wrongful death claims can be complex. Dealing with insurance companies, which often try to minimize payouts to victims and their families, can be difficult. Having an experienced San Antonio wrongful death lawyer to investigate the incident and negotiate on your behalf can make a huge difference in recovering damages.

Turn to the San Antonio TX attorneys at Carabin Shaw to fight for you. Our team is committed to seeing justice and will stop at nothing to ensure our clients are taken care of, as you can see from our law firm’s client reviews. We proudly offer our services on a contingency-fee basis, so you don’t pay if we don’t win.

For a free case review, call today, toll-free, at 1-800-862-1260. We have English and Spanish-speaking staff available to take your call 24/7.

For more information:

• Texas Statutes 71
• Cornell Law School