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Wrongful Death Lawyer San Antonio

If you lost a loved one because of someone else’s negligence, call (210) 996-2237 for a free, confidential consultation with Caquias Law Group, PLLC. Se habla español.

Wrongful Death Claims in Texas

When someone dies because of another person’s or company’s negligence, Texas law allows the surviving spouse, children, and parents to bring a wrongful death claim. In most cases the claim must be filed within two years of the death. A lawyer can explain who may file and what the family may recover.

When a Wrongful Death Claim May Apply

A wrongful death claim may be brought when a death is caused by someone’s wrongful act, neglect, carelessness, unskillfulness, or default, including the conduct of a company’s employees or agents (Tex. Civ. Prac. & Rem. Code § 71.002). Fatal cases we handle include:

Who Can Bring the Claim

  • Family members. A Texas wrongful death claim is for the benefit of the deceased person’s surviving spouse, children, and parents. One or more of them may bring the claim for all of them (Tex. Civ. Prac. & Rem. Code § 71.004(a)–(b)).
  • The estate. If no family member has filed within three calendar months after the death, the executor or administrator of the estate, if there is one, must bring the claim unless all of the family members ask that it not be filed (§ 71.004(c)).
  • Survival claim. Separately, the claim the deceased person would have had for their own injuries survives to their heirs, legal representatives, and estate (§ 71.021).

The Filing Deadline

In most cases, a wrongful death lawsuit must be filed within two years after the date of death (Tex. Civ. Prac. & Rem. Code § 16.003(b)). Claims involving a government entity can have much shorter notice requirements, so it helps to speak with a lawyer early.

What a Family May Recover

Depending on the facts, damages in a Texas wrongful death and survival case may include:

  • Lost financial support, services, and care the deceased would have provided
  • Loss of companionship and society
  • Mental anguish suffered by surviving family members
  • Loss of inheritance
  • Medical and funeral expenses
  • The deceased person’s pain and mental anguish before death (through the survival claim)

No amount of money replaces a person. These claims are meant to hold the responsible party accountable and to help the family with the financial and personal losses that follow.

How We Help Families

We know this is one of the hardest times a family can go through. Caquias Law Group, PLLC handles the legal work so you can focus on each other:

  • Investigating what happened and who is responsible
  • Identifying every insurance policy that may apply
  • Handling communications with insurance companies
  • Keeping the family informed while respecting your privacy

Talk With Caquias Law Group, PLLC

If you lost a loved one in San Antonio, Harlingen, or the Rio Grande Valley, call (210) 996-2237 (San Antonio) or (956) 435-7789 (Harlingen) for a free, confidential consultation. No fee unless you win.*

Contact Caquias Law Group, PLLC

A free consultation with 5-Star Rated Caquias Law Group, PLLC is as easy as filling out the form below.

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Awards & Accolades

10 Best Attorney 2027 for Client Satisfaction, American Institute of Personal Injury Attorneys
10 Best Attorney 2026 for Client Satisfaction, American Institute of Personal Injury Attorneys
Attorney providing legal services for injury and accident cases in South Texas.
Avvo-Review
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Best Truck Accident Lawyers in San Antonio TX
The National Top 40 Trial Lawyers
top 10 Trial Lawyers San Antonio
Best 10 attoney client satisfactory

FREQUENTLY ASKED QUESTIONS

Questions about your case?

Whether it be a personal injury, slip and fall accident, car accident, or other type of serious injury, it can leave you with many questions regarding the cause of your accident and your legal options. We want to help explain the basics of personal injury law and how our legal team can help you. To do this, we have put together the following list of frequently asked questions:

Who can bring a wrongful death claim in Texas?

In Texas, a wrongful death claim is for the benefit of the deceased person’s surviving spouse, children, and parents, and one or more of them may bring the claim for all of them. If no family member has filed within three calendar months after the death, the executor or administrator of the estate, if there is one, must bring the claim unless all of the family members ask that it not be filed. The estate may also have a separate survival claim for the injuries the person suffered before death. Because these rules affect who can recover and how, speak with a lawyer at Caquias Law Group, PLLC during a free consultation.

Who will handle my case?

Your case is handled by Caquias Law Group, PLLC’s attorney and staff under your written fee agreement, and you’ll know who to contact with questions.

What damages can be recovered besides medical bills?

In addition to medical bills, claims may include lost wages, loss of earning capacity, loss of household services, pre- and post-judgment interest, and future care costs. A life care planner may be brought in to project long-term needs.

Can multiple insurance policies apply to one accident?

It depends, but often yes. For example, if the at-fault driver was working, there could be a claim against the driver’s policy, the employer’s commercial policy, and your own UM/UIM coverage. Insurance companies may resist but sometimes pay to avoid litigation.

Do most cases go to trial?

No. The large majority of personal injury cases settle before trial, often through mediation, which Texas courts frequently require.

Free Consultation

Our team is ready to provide guidance.

About Caquias Law

Client oriented personal injury law firm serving injury victims (Car Crash, Truck Crash, Wrongful Death and those injured by someone else's fault) across Texas.

Abogados de lesiones personales, accidentes automovilisticos, y muerte injusta. Hablamos Espanol. Consulta Gratis por lesiones personales. Si resultaron heridos en un accidente de vehículo con motor, un accidente de trabajo o necesita ayuda con una reclamación de responsabilidad local, estaremos allí para usted.

Hours

Monday
08:30AM - 05:30PM
Tuesday
08:30AM - 05:30PM
Wednesday
08:30AM - 05:30PM
Thursday
08:30AM - 05:30PM
Friday
08:30AM - 05:30PM
Saturday
By Appointment Only
Sunday
CLOSED

Contact Us

Caquias Law Group, PLLC
110 East Houston Street, 7th Floor
San Antonio, TX 78205
San Antonio
(210) 996-2237
Se Habla Espanol
Caquias Law Group, PLLC
323 E Jackson Ave Suite C
Harlingen, TX 78550
Rio Grande Valley
(956) 435-7789
Se Habla Espanol
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The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Caquias Law Group, PLLC via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. Past results and client testimonials do not guarantee a similar outcome; each case is different. Read More

 
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