What Is a Wrongful Death Claim?
A wrongful death claim can be filed when a third party is responsible for the death of another person. Wrongful death claims allow surviving family members to sue a negligent company or individual for the costs and losses incurred by a loved one's death. In these cases, the person responsible will be held liable under civil law. Even if the person responsible has already been prosecuted in the criminal courts, there is still room for a civil lawsuit. If the death was due to company negligence, filing a wrongful death case may be the only way to make them answer for your loved one's death.
Types of Incidents That May Qualify as Wrongful Death
A wrongful death lawsuit may be filed against an individual or business entity that caused the death of a person as a result of negligence, misconduct, or even intentional wrongdoing.
This may include incidents such as:
- Car accidents caused by drunk driving, texting, or other careless distractions
- Workplace accidents caused by lack of training or supervision
- Assaults, attacks, or other criminal actions that led to death
- Medical malpractice, including when a doctor fails to diagnose
- Drowning accidents due to property damage/premises liability
- Defective products or drugs that caused death
Causes of Wrongful Death in San Antonio
Motor Vehicle Accidents
Motor vehicle accidents are a significant cause of wrongful deaths in San Antonio. Factors such as distracted driving, speeding, and driving under the influence contribute to fatal crashes. According to the Texas Department of Transportation, Bexar County consistently ranks among the highest in the state for traffic fatalities.
Trucking Accidents
San Antonio’s proximity to major oilfields and its role as a transportation hub means the roads see heavy commercial truck traffic—including 18-wheelers and oilfield service vehicles. These large vehicles may be involved in fatal accidents caused by speeding, fatigue, or improper maintenance when companies cut corners on safety to meet deadlines.
Work & Industrial Accidents
San Antonio's diverse industries, including construction, manufacturing, and oil and gas, expose workers to various hazards. Workplace fatalities can result from inadequate safety, equipment failures, or insufficient training. OSHA reports that falls, being struck by objects, and electrocutions are among the leading causes of occupational deaths.
Defective Products
Products ranging from automobiles to household appliances can be deadly if they have design flaws or manufacturing defects. Manufacturers, distributors, retailers, and other involved parties are responsible for creating and selling products that are free from defects—and for marketing these products correctly.
Eligibility to File a Wrongful Death Claim in San Antonio
Who can file a wrongful death claim varies from state to state, but close family members of the victims are usually the only ones eligible to present a wrongful death claim. In every state, spouses and children are given the primary right to seek compensation for wrongful death. Another loved one or relative will not be able to file a claim if a child or spouse has already filed one. Contact an attorney to determine if you are eligible to file a wrongful death claim.
In Texas, the eligible beneficiaries of a wrongful death claim include the following:
- Children (18 years or older)
- Siblings
- Parents
- Parents of unmarried children
- Spouses or life partners
- Any other dependents
It is essential to keep in mind that there is a statute of limitations on wrongful death claims—this means that you only have two years to file a claim before it is too late. To learn more, visit Sec. 71 of the Civil Practice & Remedies Code.
Recovering Damages in a Texas Wrongful Death Claim
The loss of a loved one exacts a steep and permanent cost. It robs children of their parents, spouses of their partners, and parents of their children. In addition to the loss of an irreplaceable bond, the loss of a spouse often also means the loss of income and benefits that people rely on. Recovering from those real costs is what a wrongful death claim is for.
You may have the right to recover financial compensation for three types of damages:
- Economic Damages: If you have funeral and medical expenses related to the death of your loved one, you have the right to receive compensation. You also have the right to receive compensation for the loss of the deceased’s future earnings and the loss of their future benefits.
- Non-Economic Damages: This type of compensation includes damages like pain and suffering, along with mental anguish. It also covers loss of inheritance and loss of consortium.
- Punitive Damages: In some cases, you might be eligible for additional compensation as a way of discouraging the at-fault company from allowing the same fatal accident to occur again.
Navigating potential damages in a wrongful death claim requires strategic counsel. Our San Antonio wrongful death lawyers meticulously quantify both the tangible and intangible losses to maximize recovery. We work closely with financial experts and other professionals to assess economic losses and translate the emotional impact into just compensation. This approach helps ensures that you and your family are supported through recovery and beyond.
Additional Considerations for San Antonio Wrongful Death Claims
Pursuing a wrongful death claim in San Antonio involves more than proving negligence—it requires an understanding of Texas law and how it’s applied in local courts. Texas imposes unique rules that can impact the outcome of these cases, including limits on certain types of damages and strict deadlines for filing claims. While there is generally a two-year statute of limitations for wrongful death lawsuits, exceptions may apply depending on the circumstances.
San Antonio’s traffic corridors—like IH-35, Loop 410, and Highway 281—are frequent sites of fatal accidents, especially involving commercial vehicles and oilfield trucks. These local factors make experience in regional case law and court expectations essential. At Arnold & Itkin, we don’t just know the law—we know how it's applied right here in San Antonio. Our attorneys draw on firsthand knowledge of the courts and legal standards in Bexar County to build strong, strategic cases. We know what it takes to win, and we’re relentless in our pursuit of justice for families grieving the unthinkable.
How San Antonio Courts Handle Wrongful Death Claims
Wrongful death cases in San Antonio are filed and tried under Texas civil law, typically in the 73rd, 131st, or 224th District Courts of Bexar County. These courts are known for handling high-stakes personal injury and wrongful death matters with both rigor and sensitivity. Judges expect thorough preparation and credible evidence, and juries often want to understand not just what happened—but why it happened and who failed to prevent it.
Our team at Arnold & Itkin is highly experienced in litigating cases in Bexar County courts. We know the judges. We understand the local jury pools. And we know the defense firms and insurers that may be involved in your case. That familiarity gives us—and our clients—a critical edge. We work with top experts, reconstruct accident scenes, and prepare every case for trial from day one. Whether we’re negotiating a settlement or going before a jury, we build compelling narratives backed by hard evidence and unshakable resolve.
Contact Our San Antonio Wrongful Death Attorneys: (888) 493-1629
The San Antonio wrongful death lawyers at Arnold & Itkin are dedicated to helping grieving families obtain the compensation they deserve. We've won billions of dollars in verdicts and settlements, including hundreds of results of $1 million or more. Our firm has proven that we are compassionate, dedicated, and effective advocates for our clients. We don’t just handle the legal fight—we honor the lives lost by demanding the accountability their loved ones deserve. Our firm is here to make sure your voice is heard, your pain is acknowledged, and your future is secured.
Contact our San Antonio wrongful death attorneys today for a free case review: (888) 493-1629!
