Victoria writes about people management, legal practice, technology, and the future of work. Her diverse career has included experience as a US employment lawyer and various roles in human resource management, including a strategic HR role at The Walt Disney Company. Now living in the UK, Victoria provides unique insights on the world of work in the US, UK, and EU.
Victoria Pearce
Victoria writes about people management, legal practice, technology, and the future of work. Her diverse career has included experience as a US employment lawyer and various roles in human resource management, including a strategic HR role at The Walt Disney Company. Now living in the UK, Victoria provides unique insights on the world of work in the US, UK, and EU.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
When a loved one passes away suddenly due to another person’s actions, the resulting tragedy can lead to substantial emotional and financial hardship. Medical bills, funeral expenses and lost wages can all increase the family’s suffering and make it harder to cope with the loss.
Wrongful death laws in Texas enable surviving family members to seek compensation when the death of their loved one results from someone else’s negligence, wrongful actions or omissions. Consulting with a skilled attorney can provide valuable insight into your available options. We’ve pulled together 10 of the top wrongful death lawyers in San Antonio, TX, who can assist you.
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Best Wrongful Death Attorneys in San Antonio
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Filing a Wrongful Death Lawsuit in Texas
A wrongful death lawsuit is a type of personal injury claim. It is intended to reimburse surviving family for damages caused by the death of their loved one. For example, sudden financial burdens like funeral costs and medical bills can create an unfair burden when a loved one dies. You may also be able to recover for non-economic damages, such as loss of companionship.
Proving a wrongful death requires proof that a wrongdoer owed your deceased loved one a duty of care, failed to exercise that duty and the failure led to the damages you have suffered.
Texas Statute of Limitations for Wrongful Death Cases
The statute of limitations is the time limit you have to file a wrongful death claim. In Texas, the statute of limitations for a wrongful death lawsuit is two years from the death of your loved one. If the accident led to your loved one’s death in the days, months or years after the accident, the two year time period starts at the time of death, not after the accident date.
If you file your case after two years have run, a defendant may be able to have your claim dismissed for filing too late. Since the date can be difficult to pin down, it helps to have an experienced wrongful death lawyer evaluate your claim and ensure you don’t miss filing deadlines.
Texas Wrongful Death Laws
Wrongful death lawsuits are subject to many of the same laws that guide personal injury claims, but there are also some differences. Here are some of the primary laws to be aware of.
- Right to file a wrongful death claim. A surviving spouse, child, or parent of the deceased may file a wrongful death claim. Additionally, a representative of the estate for the deceased may file a claim if none of the qualifying family members file within three months of the death.
- Survival claims. Texas allows personal injury claims to survive the death of an injured person and the death of a wrongdoer. This essentially means that a deceased person’s heirs or estate representatives may pursue a personal injury claim against a deceased wrongdoer as though the wrongdoer were alive. These claims are often used to cover damages such as debts or taxes owed by the deceased before their death.
- Damage caps for medical malpractice. Medical malpractice claims, including those involving wrongful death, have limits on non-economic damages. The cap is usually $500,000, wth a limit of $250,000 for each claimant. Economic damages, such as for funeral or medical treatment expenses, are not subject to this cap.
- Damage caps in other cases. If a wrongful death case is unrelated to medical malpractice, then damage caps do not apply. For example, if your loved one died in a car accident or in a workplace accident, then your claim should not be subject to caps on damages. However, recovery may be limited by the comparative negligence rules in Texas. These rules lower recovery if your loved one was partially at fault for the accident.
Wrongful Death Settlement Considerations
Most wrongful death cases settle without going to a trial. When a case settles, payments are typically distributed to the claimants after the lawyer’s fees are paid. Many Texas lawyers take wrongful death cases on contingency, meaning that you agree up front to pay them a percentage of any compensation from the case. This percentage varies, but is typically between 33.33% and 40%.
Most settlements are paid out by insurance companies, if the defendant in your case was insured. If the settlement is above what is covered by the insurance policy, then payments may come from both the insurance company and the defendant directly.
Once you receive payment from a wrongful death settlement, this money is not usually subject to U.S. taxes. Texas has no state laws taxing these settlements either.
How Can an Attorney Help You?
When you are grieving the loss of a loved one, an experienced attorney can help streamline and explain the process of filing a wrongful death lawsuit. Although it may be possible to file an insurance claim to recover some damages, this process can be time-consuming and confusing. Having a lawyer on your side helps avoid extra delays and accidental errors.
Additionally, a lawyer experienced with handling wrongful death claims has access to resources you don’t have on your own. For instance, they can draw upon medical experts, data from other cases and testing facilities to fully support your claim.
Most importantly, a lawyer supports you through the process from the start. They can provide you honest feedback about the strength of your claim and make sure you understand what is happening each step of the way.
How to Find the Best Wrongful Death Lawyer in San Antonio, TX
It can be overwhelming to find the right lawyer to represent your wrongful death claim. In addition to our list of qualified lawyers above, keep these factors in mind to find the right lawyer for you:
- Wrongful death experience. Wrongful death cases require different experience in other types of personal injury. Look for a lawyer who has handled wrongful death cases and particularly cases similar to your claims. For instance, medical malpractice cases can require very different evidence compared to workplace accident cases.
- Trial experience. Most cases are resolved with a settlement agreement, but occasionally a trial is necessary. Hiring a lawyer with trial experience means that you will have expert support at every possible stage.
- Fees. Most lawyers will offer to take your case on a contingency arrangement, with payment taken out of your final verdict or settlement. Be sure you are clear on the percentage your lawyer will take, and compare these fees with other lawyers before you commit.
- Communication. Wrongful death cases are stressful and can be confusing. Ask any lawyer you meet with how they will communicate with you and be sure to choose someone you feel comfortable with.
Methodology
To come up with the best wrongful death lawyers in San Antonio of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What is the average settlement for wrongful death in Texas?
Wrongful death settlements in Texas have a wide range, often between $500,000 and $1 million. Settlements can go beyond $10 million in some circumstances. Insurance coverage, jury sentiment and the circumstances leading to the death can all impact the settlement amount.
What constitutes wrongful death in Texas?
Wrongful death occurs when a wrongdoer owed care to the deceased and the wrongdoer’s act or negligence causes the person’s death and related damages. There are four parts of the Texas law on wrongful death that must be proven in a wrongful death case:
- There was a duty owed to the person who died—such as a duty to stop at a red light
- The duty was breached by a wrongdoer—such as failing to stop at the red light
- The death was caused by the breach—such as proving the failure to stop at the red light caused a fatal accident
- The breach caused damage—such as loss of companionship due to the death
Who can file a wrongful death lawsuit in Texas?
Any of the following people can file a wrongful death lawsuit: the surviving spouse, children or parents of the deceased. Children may be of any age and are defined to include both adopted and biological children. If none of the defined family members file a claim within three months of the death, then a representative of the deceased person’s estate may also file a wrongful death claim.
