San Antonio Wrongful Death Lawyer

Q: What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates surviving family members for losses such as financial support, companionship, and emotional suffering. A survival action addresses the pain, suffering, and medical expenses the deceased experienced before death. In many cases, both claims may be filed together.

Q: How is compensation calculated in a wrongful death case?

Compensation may depend on the deceased person's earning capacity, the family's financial dependence, funeral and medical costs, loss of companionship and guidance, emotional suffering, and other case-specific losses.

Texas is narrow about who may bring this claim and quiet about the deadline that follows. We will tell you plainly where your family stands.

Next Steps

What a Wrongful Death Lawyer in San Antonio Does First

Decide about an autopsy before the funeral. Once a burial or cremation happens, the medical evidence is gone, and in a contested case that evidence is often what proves the cause. If there is any question about what happened, request one. Then hold everything. The decedent’s phone, employment records, medical records, the vehicle or equipment involved. Do not sign a release or accept a payment from any insurer, including one offered for funeral costs. And do not let the family decide informally who will “handle it,” because Texas law decides that question and getting it wrong costs time you may not have.

Local Expertise

Why Families Need a Wrongful Death Lawyer in San Antonio

Texas law is narrower than most families expect about who is allowed to bring this claim. Under section 71.004 of the Civil Practice and Remedies Code, a wrongful death action belongs to the surviving spouse, children, and parents, and to no one else. Siblings cannot file. Grandparents cannot file. Neither can a niece who was raised in the house or a partner of twenty years who never married. That rule surprises people at the worst possible moment, and it is worth knowing before your family organizes around the wrong person. There is also a clock nobody mentions. If none of those eligible family members has filed within three calendar months of the death, the executor or administrator of the estate is required to bring the action, unless every eligible family member asks them not to. And there are two claims here, not one. The wrongful death action compensates the family for what they lost. A separate survival action under section 71.021 belongs to the estate and covers what your loved one endured before dying, including conscious pain and the final medical bills. They are usually filed together, and leaving the survival claim out quietly forfeits a category of damages.

How We Help

A Team that fights for you

We deal with insurance

Blended families, estranged parents, adult children in three states. We establish standing under section 71.004 and, where the estate must act, coordinate with the administrator so nothing lapses.

We collect evidence

The family’s wrongful death action and the estate’s survival action are proven with different evidence and produce different damages. Both get filed and both get supported.

We get you medical care

A recovery shared among several beneficiaries can turn relatives against each other. We handle allocation openly and in writing from the beginning, before it becomes a second loss.

Your compensation

What You Can Recover

Testimonials

Hear from our clients

"I've had a very positive experience with Kristi and the rest of the team at Ornelas Law. Everyone is very informative a nd helpful an d all my questions and concerns get answered in a timely manner."

Josh L.

Case type

"First time using this attorney and to be honest they are one of the best people I ever spoked to through messages and don't get me started our case manager Kristi is one of the most fun loving and so caring person I ever met through calls and messages she gets things done when we ask her to do so also she will not give up on trying to bug people for answers."

Kim G.

Case type

"I chose Mr. Ornelas because is the greatest law firm, he has helped me every step of the way. And has helped me through the process of getting my settlement and he is the nicest person ever always answers his calls and always answering my questions. He is always on the ball of making sure I got my settlement. Thank goodness for him."

Josie G.

Car Accident

Why Us

Wrongful Death Lawyers in San Antonio, Texas

Most families arrive believing the hard part is proving fault. Usually it is not. The hard parts are standing, allocation, and the survival claim, and they are decided early and quietly. We have handled the versions of this that get complicated: an $8 million recovery in an 18-wheeler death, $16.5 million in a drunk driving death, $23 million in an oil field death, and $31 million in a commercial vehicle death, within a firm total above $1 billion. What those files had in common was not a courtroom moment. It was getting the beneficiaries identified correctly, filing both causes of action, preserving the evidence before it moved, and building damages a jury could believe. A wrongful death lawyer in San Antonio, Texas earns the result in the first ninety days.

Your Case

Understanding Your San Antonio Wrongful Death Lawsuit

If your loved one died in a nursing home or assisted living facility, the case is legally different and considerably less forgiving. These are health care liability claims under Chapter 74, which means the medical malpractice framework applies. Section 74.351 requires you to serve an expert report, with the expert’s curriculum vitae, within 120 days after each defendant files an answer. The report must explain the standard of care, how it was breached, and how that breach caused the death. Miss that window and the claim is over. Serve a report the court finds deficient and you may get one 30-day extension to cure it, once. Defendants who intend to object must do so within 21 days or their objections are waived, which cuts both ways and is worth knowing. Two more things families run into. Admission agreements frequently contain arbitration clauses signed during a stressful intake, and their enforceability depends on who signed and under what authority. And Chapter 74 caps noneconomic damages in these claims, which does not apply to an ordinary negligence death case. A nursing home wrongful death claim in San Antonio needs a lawyer who starts the expert work in week one rather than month four.

FAQs

Read All FAQs

Common Questions about wrongful death cases

Who can file a wrongful death claim in Texas?

Under Texas law, the surviving spouse, children, or parents of the deceased have the right to file a wrongful death claim. In some cases, the executor of the estate may also file on behalf of the family. Our attorneys can help determine who is eligible in your situation.

How long do I have to file a wrongful death lawsuit in Texas?

The statute of limitations for wrongful death claims in Texas is two years from the date of the person’s passing. Missing this deadline could mean losing your right to pursue compensation, so it’s important to speak with an attorney as soon as you’re ready.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the surviving family members for their losses, this includes financial support, companionship, and emotional suffering. A survival action covers the pain, suffering, and medical expenses the deceased experienced before passing. In many cases, both can be filed together.

How is compensation calculated in a wrongful death case?

Several factors are considered, including the deceased’s earning capacity, the family’s financial dependence, funeral and medical costs, and the emotional impact of the loss. Our San Antonio wrongful death lawyers work with financial experts to ensure every aspect of your loss is accounted for.

Can I file a wrongful death claim if the at-fault party faces criminal charges?

Yes. A wrongful death lawsuit is a civil case and is separate from any criminal proceedings. You can pursue compensation regardless of whether criminal charges are filed, and the burden of proof in a civil case is lower than in a criminal trial.

Describe Your Case

Losing a loved one to someone else’s negligence is something no family should go through alone. Our San Antonio wrongful death lawyers are here to listen, guide you through your options, and fight for the justice your family deserves. Contact us today for a free, confidential consultation.

Email:

[email protected]

Phone:

(866) 377-9855

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