San Antonio Wrongful Death Lawyers
Losing someone you love to another person's negligence is the worst day a family can have. Texas Civil Practice & Remedies Code Chapter 71 gives surviving spouses, children, and parents the right to recover — and the survival statute gives the estate a separate claim. Patterson Law Group secured the highest Wrongful Death Settlement in Texas in 2024. Local San Antonio office. Free, confidential consultation.
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TX · 2024
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2026
San Antonio office — handled with care, prepared for trial
Our San Antonio office at 926 Chulie Drive handles wrongful death cases with the same care we would want for our own family. We know Texas Civil Practice & Remedies Code Chapter 71, the survival-action distinction under §71.021, the §16.003(b) two-year limitations period running from date of death, and the §33.001 comparative-fault rules that defense counsel and carriers will press hard. When you cannot come to the office, we come to you — at the hospital, at home, by phone, or by Zoom.
Two separate claims under Texas law
When someone dies because of another party's negligence, Texas law creates two distinct claims. They are not the same and they do not belong to the same plaintiff. We pursue both in every case where both are available.
Wrongful death (Chapter 71)
Belongs to the statutory beneficiaries under §71.004 — the surviving spouse, children (including adult children and adopted children), and parents. Recovers their personal losses: loss of love, companionship, financial support, household services, mental anguish, and inheritance. Two-year limitations from date of death (§16.003(b)).
Survival action (§71.021)
Belongs to the deceased's estate. Recovers the damages the deceased could have recovered had they lived — pain and suffering, mental anguish, and medical bills incurred between injury and death. Two-year limitations from the date of injury (not death). Distributed through the estate per the will or Texas intestate succession.
San Antonio & surrounding cities we serve
We represent grieving families across Bexar County and the surrounding South Texas and Hill Country counties.
Counties covered: Bexar, Comal (New Braunfels), Guadalupe (Seguin), Atascosa, Wilson, Medina, and Kendall (Boerne).
Why grieving San Antonio families choose Patterson Law Group
Real trial lawyers
We try cases. Three decades of trial practice across Texas courts. Every wrongful death case is built for the courthouse from day one — preservation letters, ECM downloads, expert workups, and the corporate-deposition strategy that exposes a defendant's safety culture.
Highest Wrongful Death Settlement in Texas — 2024
An 8-figure recovery for a grieving family. That same trial-readiness, the same investigation work, and the same expert development go into every San Antonio wrongful death case we take.
No fee unless we win
You pay nothing up front. We only get paid when we recover for your family, and our fee comes out of the settlement, not your pocket. The firm advances investigation, expert, and litigation costs. Free, confidential consultation, available 24/7.
First steps after losing a loved one in San Antonio
There is no script for the first days after a sudden loss. The list below is what we tell families when they call us — not a checklist to rush through, but moves that protect the family's options while you grieve.
- Get the death certificate and the autopsy or medical examiner's report. Bexar County deaths involving trauma, suspected violence, or unattended circumstances are handled by the Bexar County Medical Examiner's Office at 7337 Louis Pasteur Drive. Order multiple certified copies — insurance carriers, employers, banks, and the probate process all need originals.
- Preserve evidence before it disappears. Vehicle ECM data, surveillance footage, dashcam video, witness contact information, social-media posts from the at-fault party — all of it has a destruction window measured in days or weeks. We send preservation-of-evidence letters within hours of being retained.
- Do not give a recorded statement to the at-fault carrier. Their adjusters often call within a day or two of the death. They are trained to get statements that limit family recovery. You are not required to talk to them. Refer them to us.
- Get medical records together as the family gathers them. Survival-action recovery depends on the medical record between the injury and the death. Don't worry about organizing them — bring what you have.
- Coordinate the probate question if there is one. A survival action belongs to the estate, which means a personal representative (administrator or executor) must be appointed. Bexar County probate matters are handled at the Bexar County Probate Courts at 100 Dolorosa Street. We work with probate counsel where appropriate.
- Call a lawyer before you sign anything. Early settlement offers from carriers are almost always low. Once you sign a release, you cannot reopen the claim — even if other defendants are later identified.
Texas wrongful death law — what San Antonio families should know
Statutory beneficiaries (§71.004)
Only the surviving spouse, children (minor and adult, including adopted), and parents may file a Texas wrongful-death claim. Siblings cannot. If no eligible family member files within three months, the estate's personal representative may file unless one of the beneficiaries objects.
Compensable damages (§71.010)
Loss of love, companionship, mental anguish, financial support, household services, inheritance, and (in some cases) loss of consortium. Each beneficiary's losses are calculated separately.
Survival action (§71.021)
The estate's separate claim for the deceased's pre-death pain, suffering, mental anguish, and medical bills. Distributed via the will or Texas intestate succession. Both claims often arise from the same facts but belong to different plaintiffs.
Two-year limitations from death (§16.003(b))
Wrongful death claims must be filed within two years of the date of death. Survival actions run on §16.003(a) from the date of injury. Government-defendant claims may have shorter notice deadlines under the Texas Tort Claims Act.
Modified comparative fault (§33.001)
The family can recover as long as the deceased was 50% or less at fault. Recovery is reduced by the deceased's percentage of fault. Defense lawyers push the deceased's percentage hard — we push back with reconstruction evidence and the at-fault party's own records.
Paid or incurred medicals (§41.0105)
The survival-action medical-damages claim is limited to amounts actually paid or incurred. With Level I trauma stays at University Health or Brooke Army easily running into six figures before death, careful paid-or-incurred documentation matters.
Exemplary damages (§41.003 / §41.008)
Available on clear and convincing evidence of fraud, malice, or gross negligence. Drunk driving, repeated FMCSR violations, knowingly serving an intoxicated patron under dram-shop, or knowingly retaining an unsafe driver are the kinds of facts that support gross-negligence claims. §41.008 caps exemplary damages with statutory exceptions including certain intentional crimes.
Stowers doctrine
When the at-fault carrier refuses a reasonable within-limits demand, the Texas Stowers doctrine can make the insurer liable for any excess judgment — important leverage in serious San Antonio wrongful-death cases.
Liens and subrogation
Texas hospitals can attach liens to the survival-action recovery. Health insurers and federal payers (Medicare, Medicaid, TRICARE — common for Brooke Army patients) have subrogation rights against the survival action. We negotiate liens down so more of the recovery ends up with the family.
Common San Antonio wrongful death scenarios
Wrongful death cases in Bexar County come from the same routes and the same kinds of facts we see in our other San Antonio practice areas. The patterns below recur in our caseload:
- Commercial truck fatalities on I-35. The NAFTA freight corridor through Bexar County. Fatigue-driven crashes, FMCSR violations, and overloaded loads produce catastrophic injuries that often turn into wrongful-death claims days or weeks later.
- I-10 west and I-10 east fatalities. Long-haul commercial trucks and high-speed passenger traffic. Head-on crashes from drivers crossing center lines, and rear-end pileups at sudden slowdowns.
- Motorcycle fatalities on US-281 and I-37. Hill Country and Coastal Bend riding routes. Drivers misjudging passing distance, failure-to-yield at intersections, and cars turning across an oncoming motorcycle.
- Drunk-driver wrongful death. §41.003 exemplary damages cases. Texas dram-shop liability under Tex. Alc. Bev. Code §2.02 can add the bar or restaurant that over-served the driver as a defendant.
- Premises-liability fatalities. Hotel pool drownings, balcony falls, negligent-security shootings in apartment complexes, and dangerous-condition falls in retail and commercial properties.
- Pedestrian fatalities downtown and on the South Side. Crashes at high-volume crossings and along arterial streets without adequate pedestrian infrastructure.
- Workplace and construction fatalities. Texas non-subscriber claims, Jones Act maritime claims, and third-party-defendant claims against subcontractors and equipment owners on Bexar County jobsites.
- Medical and nursing-home wrongful death. Separate from medical-malpractice claims with their own statutory framework — but wrongful death recovery is available where the standard of care was breached.
Where San Antonio wrongful death cases are heard
Bexar County
Civil personal injury and wrongful death cases in Bexar County are heard at the Bexar County Justice Center, 300 Dolorosa Street, San Antonio. The 37th, 45th, 57th, 73rd, 131st, 150th, 166th, 224th, 225th, 285th, 288th, 407th, 408th, and 438th District Courts handle the civil docket.
Probate (survival action)
Bexar County probate matters — including appointing a personal representative for the estate to pursue the §71.021 survival action — are handled at the Bexar County Probate Courts, 100 Dolorosa Street. We work with probate counsel where appropriate.
Federal court (W.D. Tex.)
Cases with diversity of citizenship or substantial federal-law issues can be filed in the United States District Court for the Western District of Texas, San Antonio Division, John H. Wood Jr. Federal Courthouse, 655 East Cesar E Chavez Boulevard.
Most wrongful death cases settle and never see a courtroom — but we file in the proper venue and build every case as if it will, which is part of why insurance companies settle them fairly.
Common questions from San Antonio families
Who can file a wrongful death claim in San Antonio under Texas law?
What is the deadline to file a San Antonio wrongful death lawsuit?
What is the difference between a wrongful death claim and a survival action in Texas?
How much is a San Antonio wrongful death case worth?
Where are San Antonio wrongful death cases filed?
Can we recover if our loved one was partially at fault?
Are exemplary damages available in a Texas wrongful death case?
What if my loved one died from injuries sustained months after the crash?
How much does it cost to hire Patterson Law Group for a wrongful death case?
Lost a loved one in San Antonio? We're here when you're ready.
Local San Antonio office · Free, confidential consultation · No fee unless we win · Available 24/7 · Se habla español