Your Legal Options After a Wrongful Death in San Antonio, TX | Family’s Guide

The sudden loss of a loved one devastates the entire family. When that death was caused by the actions or inactions of another, the grief is compounded by feelings of injustice. At this unimaginably difficult time, it is critical to understand your legal options. If you’ve recently lost a loved one in San Antonio, Texas, a compassionate attorney is invaluable. The law firm of Carabin Shaw can help.

If a person dies due to the “wrongful act, neglect, carelessness, unskillfulness, or default of another,” their loss is considered a wrongful death under Texas law. Survivors have rights, including the right to seek compensation for their unspeakable losses. The San Antonio wrongful death lawyers at Carabin Shaw protect those rights while pursuing the damages surviving family members deserve. Our compassionate team is here to help you and your family. Staff is available 24/7 and offers free consultations in English or Spanish. Check our law firm’s client reviews to see how we’ve helped survivors like you, and then call us toll-free at 1-800-862-1260.

One of the most common causes of wrongful death in San Antonio is motor vehicle crashes. A person was killed every two hours and seven minutes on congested Texas roadways in 2024, often due to the fault of another driver. Other examples of wrongful death might include:

• Medical malpractice
• Fatalities due to workplace accidents
• Fatal premises liability incidents
• Medical malpractice
• Nursing home neglect
• Swimming pool accidents

A fatal accident changes the lives of an entire family in an instant. Survivors are not only left without a loved one, but they may also be deprived of their financial security if the deceased was the primary breadwinner for the family. Contacting a lawyer and seeking compensation for their family member’s death restores their financial stability and provides the means to lay their loved one to rest.

Only specific family members can seek compensation in a wrongful death claim, including:

• Spouse of the deceased
• Deceased’s children
• Parents of the deceased

State law does include adopted children and adoptive parents as eligible survivors. It does not include siblings, grandparents, or other relatives, no matter how close their relationship to the deceased was. If an eligible family member does not file a wrongful death claim in San Antonio TX, within three months of the death, the executor of the estate may file. However, if family members request no claim to be filed, the executor is no longer eligible.

Survivors have two legal options for seeking justice after the death of a loved one. The first is the wrongful death claim that seeks compensation for the survivors’ pain and suffering, lost financial support, lost companionship, and other damages. This claim holds the responsible party accountable, which may be a significant step in your family’s recovery process.

The second option is a survival claim, which focuses on your loved one’s suffering before their death. The survival claim seeks damages the deceased would have been entitled to if they had survived. Compensation becomes part of the estate and is distributed according to the deceased’s will and Texas intestacy laws.

Your attorney may pursue both claims simultaneously to maximize damages and ensure justice for the death of their loved one.

Surviving family members are entitled to various damages, including:

• Medical bills for the deceased’s illness or injury
• Lost earning capacity
• Lost inheritance
• Burial and funeral costs
• Emotional and mental anguish
• Loss of companionship and society
• Loss of care and counsel

Your lawyer will carefully calculate your damages using a variety of information and criteria to ensure you receive the justice and compensation you deserve.

The grief of losing a loved one is more than most survivors can bear. Don’t try to navigate the legal process alone during this difficult time. Carabin Shaw attorneys offer our services on a contingency-fee basis, so you pay nothing until we win your case. Call us toll-free today at 1-800-862-1260.

For more information:

• Wrongful Death
• Descent and Distribution