Losing someone you love because of another person’s carelessness or reckless actions is one of the most devastating experiences a family can face. You are grieving, trying to hold your family together, and now you may be dealing with medical bills, funeral costs, and the sudden loss of income your loved one provided. The person or company responsible for this tragedy should be held accountable, and your family deserves compensation for everything you have lost.
Wrongful death claims in San Antonio arise from many types of preventable tragedies, including car accidents, truck collisions, workplace incidents, medical errors, and dangerous property conditions. Texas Civil Practice and Remedies Code Chapter 71 allows surviving family members to seek financial recovery when a loved one dies because of another party’s wrongful act, neglect, or default.[1] These cases can be complex, and insurance companies will fight hard to minimize what they pay. You need a wrongful death attorney San Antonio families trust to level the playing field.
At Jim Adler, The Texas Hammer®, we have spent more than 50 years fighting for injured Texans and grieving families across San Antonio and South Texas. Our team understands the pain you are going through, and we are ready to handle the legal burden so you can focus on your family during this difficult time.
With offices serving San Antonio and communities throughout Texas, our team can move quickly to secure evidence and start building your wrongful death claim. Your first step is a FREE rideshare accident case review.
Call 1-800-505-1414 now or click here to get started online.
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Your family has already been through enough, and you should not have to navigate the legal system alone while you are still grieving. A wrongful death attorney San Antonio families depend on can step in to handle the investigation, deal with the insurance company, and build your case while you focus on taking care of each other. At Jim Adler & Associates, we have the resources and experience to take on the companies and individuals responsible for your loved one’s death, and we are fully prepared to go to trial if that is what it takes to get your family the justice you deserve.
When you call our office, you will speak with a team that has spent more than 50 years standing up for grieving families across Texas. We offer a free consultation to review your case, and you pay no attorney fees unless we recover compensation for you.* Our San Antonio office is ready to help, and our team includes Spanish-speaking staff members who can assist you throughout the process. The Texas Hammer® is here for your family, and you can reach us by phone or through the form on this page to schedule your free case review today.
When a loved one dies because of someone else’s actions, families often have urgent questions about their legal rights and what to do next. The answers below provide a starting point, and a San Antonio wrongful death lawyer from our team can give you more specific guidance based on your situation during a free consultation.
You may have a wrongful death claim if your loved one died because of another person’s or company’s negligence, carelessness, or intentional wrongful act. Common examples include fatal car accidents caused by a distracted driver, workplace deaths caused by safety violations, and medical errors that lead to a patient’s death.
Under Texas Civil Practice and Remedies Code Section 71.004, the surviving spouse, children, and parents of the deceased may bring a wrongful death claim.[1] If none of these family members file a lawsuit within three calendar months after the death, the executor or personal representative of the estate may file on behalf of the beneficiaries.
Not every death gives rise to a legal claim, but when someone dies because another person or company failed to act responsibly, the surviving family may have the right to seek compensation. Understanding what qualifies as a wrongful death under the law can help you determine whether your family has a case and what steps to take next.
The Texas Wrongful Death Act allows families to pursue a civil lawsuit when a death is caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default.[1] This means that if your loved one would have been able to file a personal injury lawsuit had they survived, your family may now have the right to file a wrongful death lawsuit instead. The law applies to deaths caused by all types of negligent or reckless behavior, from car accidents and truck collisions to medical mistakes and unsafe property conditions.
It is important to understand that a wrongful death claim is a civil case, not a criminal case. The purpose is to hold the responsible party financially accountable for the harm they caused, not to send anyone to jail. Even if prosecutors decide not to file criminal charges, or if a criminal case results in an acquittal, your family may still have the right to pursue a wrongful death lawsuit and seek compensation for your losses.
To win a wrongful death case, a San Antonio wrongful death lawyer must prove four key things. Your attorney must show that the responsible party had a duty of care to act safely, that they breached that duty by doing something wrong or failing to do something they should have done, that the breach directly caused your loved one’s death, and that your family suffered real damages as a result.
Evidence plays a critical role in proving each of these elements, and important evidence can disappear quickly after a fatal accident. Surveillance video may be recorded over within days, vehicle data from onboard computers can be lost if no one requests it, and witnesses may forget details or become difficult to locate. A wrongful death attorney San Antonio families trust will move quickly to secure this evidence and protect your family’s right to seek justice.
One of the first questions families ask after losing a loved one is whether they have the legal right to file a claim. The answer depends on your relationship to the person who died, and understanding who qualifies can help you take the right steps to protect your family’s rights.
Seeking Justice for Your Family? Call Now! Our San Antonio wrongful death lawyers help families pursue the compensation they deserve. We only get paid if you win.* And we fight to win.
Under Texas Civil Practice and Remedies Code Section 71.004, only certain family members have the legal right to bring a wrongful death claim.[1] The surviving spouse, children, and parents of the deceased person may file a lawsuit seeking compensation for their losses. These family members can file individually or together as part of the same lawsuit, and each eligible person may seek damages for their own grief and financial harm caused by the death. If you are not sure whether you qualify to file a claim, a wrongful death lawyer San Antonio families rely on can review your situation during a free consultation.
If the surviving spouse, children, and parents do not file a wrongful death lawsuit within three calendar months after the death, the executor or administrator of the deceased person’s estate may file a claim on behalf of the eligible family members. However, Texas Civil Practice and Remedies Code Section 71.004 also states that the personal representative cannot file if all eligible beneficiaries ask the representative not to do so.[1] This rule ensures that the decision to pursue a lawsuit ultimately remains with the family members most directly affected by the loss.
Every family’s situation is different, and questions about who can file often come up when relationships are complicated or when the usual family structure does not apply. The answers below address some of the most common concerns we hear from families in San Antonio.
Both parents may still have the right to file a wrongful death claim for the loss of their child, regardless of whether they were married at the time of the death. Each parent can pursue their own damages for the grief and loss they have personally experienced.
All surviving children of the deceased have the right to participate in a wrongful death lawsuit, and they can file together as co-plaintiffs in the same case. Our team can help coordinate claims among siblings to ensure everyone’s interests are protected.
If none of the eligible family members outlined in the statute are alive, the personal representative of the estate may still be able to pursue a survival action on behalf of the estate itself. A San Antonio wrongful death lawyer can explain how this works and whether your family has other legal options.
When a loved one dies because of someone else’s negligence, there may actually be two separate legal claims available to your family under Texas statutes. Understanding the difference between a wrongful death claim and a survival action can help San Antonio families see the full picture of what compensation they may be entitled to pursue.
A wrongful death claim compensates the surviving family members for their own losses caused by the death. This includes the financial support and services your loved one would have provided, the loss of companionship and guidance, the mental anguish and emotional suffering you have experienced, and the loss of inheritance that would have passed to you over time. These damages belong to the surviving spouse, children, and parents because they represent the harm that the death caused directly to them and their futures.
A survival action is different because it compensates for the losses that the deceased person experienced before they died. Under Texas Civil Practice and Remedies Code Section 71.021, the personal injury claim that your loved one could have filed if they had survived can pass to their heirs or estate representatives.[1] This may include compensation for the pain and suffering your loved one endured between the time of the injury and the time of their death, as well as any medical expenses incurred during that period. A wrongful death attorney San Antonio families trust can evaluate whether your situation may support both types of claims and help you understand how pursuing them together could affect the total compensation available to your family.
Time is one of the most important factors in any wrongful death case, and waiting too long to take action can permanently destroy your family’s right to seek compensation. Understanding the deadline for filing a claim can help you avoid a costly mistake during an already difficult time.
Under Texas Civil Practice and Remedies Code Section 16.003, families generally have two years from the date of their loved one’s death to file a wrongful death lawsuit.[2] This deadline is known as the statute of limitations, and courts enforce it strictly. If your family does not file a lawsuit before the two-year period expires, you will almost certainly lose your right to pursue compensation from the person or company responsible for the death, no matter how strong your case might otherwise be.
Even though you have two years to file, speaking with a San Antonio wrongful death lawyer as soon as possible gives your family important advantages. Critical evidence can disappear quickly after a fatal accident, including surveillance footage that gets recorded over, vehicle data that is erased, and witness memories that fade. An attorney can also begin identifying all of the parties who may share responsibility for the death, which can be especially important in cases involving multiple defendants such as trucking companies, contractors, or product manufacturers.
Starting early also means your lawyer can handle communications with insurance companies while your family focuses on grieving and healing. Insurance adjusters often reach out quickly after a death, hoping to settle claims before families understand the full value of what they have lost. A wrongful death lawyer San Antonio families trust can protect you from these tactics and work to build the strongest possible case while the evidence is still available.
The sudden loss of a loved one affects your family in ways that go far beyond the emotional pain. You may be facing unexpected medical bills, funeral costs, and the loss of income your family depended on. A wrongful death claim allows your family to seek compensation for both the financial losses you can calculate and the personal losses that are harder to put a dollar value on.
Economic damages cover the financial harm your family has suffered and will continue to suffer because of your loved one’s death. These damages include the medical expenses that were incurred between the time of the injury and the time of death, as well as the funeral expenses and burial expenses your family had to pay. Your family may also seek compensation for the lost income and financial support your loved one would have provided over their remaining working years, including wages, benefits, health insurance contributions, and retirement savings they would have earned. A wrongful death attorney San Antonio families depend on will work with financial experts when needed to calculate the full value of these economic losses.
Non-economic damages compensate your family for the personal losses that do not come with a receipt or bank statement. These include the loss of companionship, care, comfort, and guidance that your loved one provided, as well as the loss of consortium for a surviving spouse. Your family may also seek compensation for the mental anguish and emotional distress you have experienced as a result of losing someone so important to you. While these losses are harder to measure than medical bills or lost wages, they represent real harm that deserves fair compensation.
In some cases, Texas Civil Practice and Remedies Code Section 41.003 allows families to seek exemplary damages, which are also known as punitive damages.[3] These damages go beyond compensating your family for what you have lost and are designed to punish the responsible party for especially reckless or intentional conduct. Exemplary damages may be available when a death is caused by gross negligence, fraud, malice, or a willful act or omission. Examples of conduct that might support a claim for punitive damages include a drunk driver who caused a fatal accident or a company that knowingly ignored serious safety violations that led to a worker’s death. A San Antonio wrongful death lawyer can review the facts of your case and advise you on whether punitive damages may be recoverable.
With more than 50 years fighting for injured workers, our numbers speak for themselves.
Every wrongful death case is different, and the compensation your family may recover depends on a range of factors specific to your situation. Understanding what influences case value can help you set realistic expectations and recognize why working with an experienced attorney matters.
The age of your loved one and their expected remaining work life play a significant role in calculating damages, because a younger person with decades of earning potential ahead of them represents a larger financial loss to their family. Your loved one’s income, education, professional training, and employee benefits all factor into this calculation as well, since these determine how much financial support they would have provided over time. The number of dependents who relied on your loved one for support and the household contributions they made, such as childcare, home maintenance, and daily caregiving, also affect the value of your claim.
The strength and clarity of the liability evidence is another critical factor, because cases with clear proof of negligence tend to result in higher settlements than cases where fault is disputed. If there is any question about whether your loved one shared some responsibility for the accident, Texas Civil Practice and Remedies Code Section 33.001 allows the defendant to argue that damages should be reduced based on the deceased person’s percentage of fault.[4] Whether your case resolves through a negotiated settlement or goes to trial can also affect the outcome, since settlements offer faster resolution and certainty while verdicts carry more risk but may result in higher awards when liability is clear and damages are significant.
You may have seen websites or advertisements that quote average wrongful death settlement amounts, but these numbers can be misleading and do not reflect what your family’s case might be worth. Every case involves a unique combination of facts, damages, and legal challenges that make it impossible to predict a specific outcome without reviewing the details. A wrongful death lawyer San Antonio families choose can evaluate your situation during a free case evaluation and give you a realistic assessment of the compensation your family may be entitled to pursue.
Wrongful death claims arise from many different types of preventable tragedies, and families in San Antonio lose loved ones every year because of someone else’s carelessness or reckless decisions. Understanding the most common causes of fatal accidents can help you recognize when you may have a legal claim and who might be held responsible.
Car accidents remain one of the leading causes of wrongful death in San Antonio, and many of these crashes happen on busy roadways like I-10, I-35, Loop 410, and Highway 281. The Texas Department of Transportation reports that 4,150 people died in motor vehicle traffic crashes across Texas in a single year, which means one person was killed on Texas roadways every two hours and seven minutes.[5] Distracted drivers who are texting or using their phones, speeding motorists who cannot stop in time, drunk drivers who get behind the wheel after drinking, and drivers who fail to yield at intersections all contribute to fatal collisions throughout Bexar County. When a negligent driver causes an accident that kills someone, the surviving family members may have the right to pursue a wrongful death claim against the at-fault driver and their insurance company.
Collisions involving 18 wheelers, delivery trucks, and other commercial vehicles often result in death because of the massive size and weight of these vehicles. According to the National Highway Traffic Safety Administration, Texas had the highest number of people killed in large-truck traffic crashes of any state, with 730 fatalities.[6] Seventy percent of people killed in large-truck crashes nationwide were occupants of other vehicles rather than the trucks themselves, which shows just how vulnerable families in passenger cars are when sharing the road with commercial trucks.[6] Trucking companies may share liability when their drivers cause fatal accidents due to fatigue from violating federal hours-of-service rules, inadequate training, or pressure to meet unrealistic delivery schedules. A wrongful death attorney San Antonio families trust can investigate whether the trucking company, the driver, a maintenance contractor, or another party should be held accountable.
San Antonio’s growing economy means construction sites, manufacturing facilities, and industrial workplaces are operating throughout the region, and these environments carry serious risks for workers. The Texas Department of Insurance, Division of Workers’ Compensation reports that 564 workers died from occupational injuries in Texas in a single year, with the construction industry accounting for 124 of those deaths.[7] Falls, slips, and trips alone caused 92 fatal workplace injuries that year, representing 16 percent of all occupational fatalities in the state.[7] While workers’ compensation may be available to surviving family members, a wrongful death claim against a third party such as a general contractor, equipment manufacturer, or property owner may also be possible when their negligence contributed to the death.
When doctors, nurses, or hospitals fail to provide competent medical care, the consequences can be fatal. Research published by Johns Hopkins University School of Medicine estimated that medical errors account for more than 250,000 deaths annually in the United States, making preventable medical mistakes one of the leading causes of death in the country.[8] Medical malpractice that leads to wrongful death may involve a failure to diagnose a serious condition like cancer or heart disease, surgical errors that cause fatal complications, medication errors involving the wrong drug or dosage, or infections acquired in a hospital due to inadequate sanitation. These cases require careful investigation and expert medical testimony, and a San Antonio wrongful death lawyer with experience handling malpractice claims can help your family pursue justice.
Manufacturers have a responsibility to design and produce safe products, and property owners have a duty to maintain their premises in a reasonably safe condition. When a defective vehicle component causes a fatal crash, a dangerous piece of machinery kills a worker, or a hazardous condition on someone’s property leads to a deadly fall, the responsible parties may be held liable. Product liability and premises liability claims can be complex, but they provide an important path to accountability when a loved one dies because of someone else’s negligence.
Wrongful death claims can arise from many other situations where negligence or reckless conduct leads to a preventable death. In a single year alone, Texas lost 585 motorcyclists, 768 pedestrians, and 78 bicyclists to traffic crashes, according to the Texas Department of Transportation.[5] Families in San Antonio have also pursued claims after loved ones died in drowning incidents at pools or waterparks with inadequate supervision and nursing home abuse or neglect that contributed to a resident’s death. If your loved one died because of someone else’s wrongful act or failure to act responsibly, a wrongful death lawyer San Antonio families depend on can help you understand your legal options. The Texas Hammer® is here to fight for your family and hold the responsible parties accountable.
After losing a loved one, the last thing you want to think about is paperwork, legal deadlines, and dealing with insurance adjusters. A wrongful death attorney can step in to handle these burdens so your family can focus on grieving and healing while knowing that someone is fighting to hold the responsible parties accountable.
Building a strong wrongful death case starts with a thorough investigation into how and why your loved one died. Our team works to obtain police reports, medical records, and witness statements that document what happened and who was at fault. In complex cases, we bring in experts such as accident reconstruction specialists who can analyze crash scenes, medical professionals who can explain how negligence led to the death, and economists who can calculate the full financial impact on your family. Critical evidence can disappear quickly, and having an attorney secure surveillance footage, vehicle data, and other records right away can make a significant difference in the strength of your case.
Insurance companies often try to settle wrongful death claims by focusing only on immediate expenses like medical bills and funeral costs. Your family’s losses go far beyond those numbers, and a wrongful death attorney San Antonio families rely on will fight to document the complete picture. This includes the income and financial support your loved one would have provided over their lifetime, the value of household services and childcare they contributed, the inheritance your family would have received, and the emotional losses, such as mental anguish and loss of companionship, that you will carry with you for years to come.
Insurance adjusters often contact grieving families within days of a death, asking for recorded statements and offering quick settlements before anyone has time to understand what the case is truly worth. These tactics are designed to protect the insurance company’s bottom line, not to help your family. When you have an attorney handling your case, we take over all communications with the insurance company, protect you from giving statements that could be used against you, and make sure no one pressures you into accepting less than you deserve.
Most wrongful death cases resolve through a negotiated settlement, which can provide your family with compensation faster and with more certainty than going to court. However, insurance companies know which law firms are willing to take cases to trial and which ones will accept whatever offer is put on the table. At Jim Adler & Associates, we prepare every case as if it is going to a jury, and that preparation gives us leverage in settlement negotiations. If the insurance company refuses to offer fair compensation, The Tough, Smart Lawyer® is ready to present your case in court and fight for the verdict your family deserves.
One of the biggest concerns families have after a fatal accident is whether they can still pursue a claim if their loved one may have contributed to what happened. Insurance companies often try to shift blame onto the deceased person to reduce what they have to pay, but shared fault does not necessarily mean your family has no case.
Under Texas Civil Practice and Remedies Code Section 33.001, courts use a system called proportionate responsibility to divide fault among everyone involved in an accident.[4] If your loved one was found to be partially at fault, your family’s compensation may be reduced by their percentage of responsibility. For example, if a jury determines that your loved one was 20 percent at fault and the defendant was 80 percent at fault, your family would receive 80 percent of the total damages awarded.
However, there is an important limit to this rule. If your loved one is found to be more than 50 percent responsible for the accident, your family generally cannot recover any compensation at all. Insurance companies know this threshold matters, and they will work hard to push as much blame as possible onto the deceased person to avoid paying your claim. A wrongful death attorney San Antonio families trust will fight back against these tactics, investigate the facts thoroughly, and present the strongest possible case to show that the defendant’s negligence was the primary cause of your loved one’s death.
The days and weeks after losing a loved one are overwhelming, and it can be hard to know what you should be doing while you are still in shock and grieving. While your first priority should always be taking care of yourself and your family, there are some steps that can help protect your legal rights and strengthen any future claim you may decide to pursue.
Taking certain steps early on can make a significant difference in your family’s ability to seek justice later. The checklist below offers general guidance, though every situation is different and you should speak with an attorney about your specific circumstances.
If you are unsure about any of these steps or need guidance on how to move forward, Jim Adler & Associates offers a free consultation where our team can review your situation and help you understand your options. The Voice of The Victims™ is here to support your family through this difficult process.
Many families have never been through a wrongful death case before, and not knowing what to expect can add to the stress of an already difficult time. Understanding the general process and what you can do to prepare can help you feel more in control as your case moves forward in Bexar County.
While every case is different, most wrongful death claims follow a similar path from the initial consultation to resolution. The process generally begins when you meet with an attorney to discuss what happened and whether you have a valid claim. If you decide to move forward, your legal team will conduct a thorough investigation to collect evidence and identify all potentially responsible parties. Once the investigation is complete, your attorney will typically send a demand letter to the insurance company outlining your claim and the compensation your family is seeking.
Many cases resolve through negotiation at this stage, but if the insurance company refuses to offer fair compensation, your attorney will file a wrongful death lawsuit in court. After the lawsuit is filed, both sides go through a phase called discovery where they exchange documents, take depositions, and gather additional evidence. Most cases will then go through mediation, where a neutral third party helps both sides try to reach a settlement. If mediation does not produce an acceptable offer, your case will proceed to trial where a judge or jury will decide the outcome. The timeline for this entire process can range from several months to more than a year depending on the complexity of your case, the insurance company’s willingness to negotiate, and the court’s schedule in Bexar County.
Coming prepared to your initial consultation can help your attorney evaluate your case more quickly and give you better guidance on your options. If you have access to any of the following documents or information, bringing them with you can be helpful. You should bring any accident or incident reports from police or workplace investigators, medical records documenting your loved one’s treatment and cause of death, and the official death certificate. Insurance information for all parties involved, including your loved one’s policies and any coverage held by the person or company responsible, will also be useful. Photographs or videos of the accident scene, the vehicles involved, or any other relevant evidence can support your case, and contact information for witnesses who saw what happened may prove valuable during the investigation. Finally, employment records, pay stubs, and tax returns that document your loved one’s income will help your attorney calculate the financial losses your family has suffered. If you do not have all of these documents, do not worry, because our team can help you obtain many of them once we begin working on your case.
One of the first questions families ask when considering legal action is whether they can afford to hire an attorney. Losing a loved one often creates financial strain, and the last thing you want is to worry about paying legal fees while you are still grieving. The good news is that wrongful death attorneys typically work on a fee structure that allows families to pursue justice without paying anything out of pocket upfront.
At Jim Adler & Associates, we handle wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you.* Our standard fee is 35 percent of the total recovery if the case settles before a lawsuit is filed, and the fee increases to 40 percent if we must file a lawsuit to fight for your rights in court. We also advance all case costs such as court filing fees, fees for obtaining medical records and police reports, and payments to expert witnesses, including accident reconstruction specialists, medical professionals, and economists. These costs are repaid from your settlement rather than requiring payment from you along the way.
Before we begin working on your case, you will receive a written fee agreement that explains exactly what we charge and how expenses are handled. There are no surprises or hidden fees, and we will answer any questions you have during your free consultation so you can make an informed decision about moving forward. Our goal is to make the legal process as transparent and stress-free as possible for your family during this difficult time.
When your family is facing the aftermath of a preventable death, you need a law firm that will fight for you with everything they have. Not every attorney has the experience, resources, and commitment to take on powerful defendants and their insurance companies. Choosing the right legal team can make a significant difference in the outcome of your case and the compensation your family receives.
Jim Adler, The Texas Hammer®, has been standing up for injured Texans and grieving families since 1973. Our firm has built a reputation for taking on insurance companies, trucking corporations, negligent employers, and other defendants who try to avoid accountability for the harm they cause. We focus on serious injury and wrongful death cases, which means our team has the specialized knowledge and courtroom experience needed to handle even the most complex claims. With more than 30 attorneys and 300 legal professionals across our Texas offices, we have the resources to go toe-to-toe with any defendant.
Our firm has recovered millions of dollars for families who lost loved ones due to someone else’s negligence. While past results do not guarantee future outcomes, our track record demonstrates our ability to build strong cases and fight for the compensation our clients deserve.* We are proud of the work we have done for Texas families, and we bring that same dedication and determination to every new case we handle.
Losing a loved one is overwhelming, and the legal process can feel confusing and impersonal if your attorney does not keep you in the loop. At Jim Adler & Associates, we believe you deserve to know what is happening with your case and to have your questions answered promptly. Our team is committed to clear, consistent communication so you always understand where things stand and what to expect next. When you call our office, you will speak with people who care about your family and treat you with the respect and compassion you deserve during this difficult time.
Jim Adler & Associates is proud to represent grieving families throughout San Antonio and the surrounding region. If you have lost a loved one due to someone else’s negligence in any of the communities listed below, our team is ready to help you pursue justice and hold the responsible parties accountable.
We serve clients in Bexar County and the following surrounding areas:
We also serve families in the surrounding counties, including Atascosa County, Bandera County, Comal County, Guadalupe County, Kendall County, Medina County, and Wilson County. If you are not sure whether we serve your area, call our office, and we will let you know how we can help. The Texas Hammer® is here for families across South Texas who need experienced legal representation after the wrongful death of a loved one.
If you have lost a loved one because of someone else’s negligence, you deserve answers about your legal rights and options. The Texas Hammer® offers a free consultation to review your case and help you understand what compensation your family may be entitled to pursue. Call us today or fill out the form on this page to speak with a wrongful death attorney who can answer your questions.
After losing a loved one, families often have many questions about their legal rights and what to expect from the claims process. The answers below address some of the most common concerns we hear from people in your situation. If you have questions that are not covered here, our team is always available to speak with you directly during a free consultation.
Under Texas Civil Practice and Remedies Code Section 71.004, the surviving spouse, children, and parents of the deceased person have the legal right to file a wrongful death lawsuit.[1] These family members can file individually or together as co-plaintiffs in the same case. If none of the eligible family members file a lawsuit within three calendar months after the death, the executor or personal representative of the estate may file a claim on behalf of the beneficiaries.
Texas Civil Practice and Remedies Code Section 16.003 generally requires wrongful death lawsuits to be filed within two years from the date of the person’s death.[2] If your family does not file a lawsuit before this deadline expires, you will almost certainly lose your right to seek compensation from the responsible parties. Speaking with an attorney as soon as possible helps ensure you do not miss this critical deadline.
A wrongful death claim compensates the surviving family members for their own losses, including lost financial support, loss of companionship, and mental anguish caused by the death. A survival action compensates the estate for the losses the deceased person experienced before they died, such as pain and suffering between the time of injury and the time of death. Under Texas Civil Practice and Remedies Code Section 71.021, both types of claims may be pursued together depending on the circumstances of your case.[1]
Families may be entitled to recover economic damages such as lost income and financial support, medical expenses incurred before the death, and funeral and burial expenses. Non-economic damages may include loss of companionship, care, and guidance, as well as the mental anguish and emotional distress suffered by surviving family members. In cases involving gross negligence or intentional misconduct, Texas Civil Practice and Remedies Code Section 41.003 may allow families to seek exemplary damages.[3]
The majority of wrongful death cases resolve through negotiated settlements before reaching trial, which can provide families with compensation faster and with more certainty than a court verdict. However, the key to obtaining a fair settlement is being fully prepared to go to trial if the insurance company refuses to offer reasonable compensation. At Jim Adler & Associates, we prepare every case as if it is going to a jury, and that preparation gives us leverage in settlement negotiations.
Under Texas Civil Practice and Remedies Code Section 33.001, your family may still recover compensation even if your loved one was partially responsible for the accident.[4] However, your damages will be reduced by their percentage of fault. If your loved one is found to be more than 50 percent responsible, your family generally cannot recover any compensation at all. Insurance companies often try to shift blame onto the deceased person to reduce what they have to pay, and an experienced attorney can fight back against these tactics.
The timeline for resolving a wrongful death case varies depending on factors such as the complexity of the evidence, the number of parties involved, the insurance company’s willingness to negotiate, and the court’s schedule in Bexar County. Some straightforward cases settle within a few months, while complex cases involving multiple defendants or disputed liability can take a year or longer. Our team will keep you informed throughout the process and work to resolve your case as efficiently as possible while still fighting for full compensation.
Jim Adler & Associates handles wrongful death cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you.* Our standard fee is 35 percent of the total recovery if the case settles before a lawsuit is filed, and the fee increases to 40 percent if we must file a lawsuit on your behalf. We also advance all case costs, and those expenses are repaid from your settlement rather than requiring you to pay out of pocket. Your initial consultation is completely free with no obligation to move forward.
Strong wrongful death cases rely on thorough documentation from multiple sources. Important evidence may include police reports, medical records, the official death certificate, photographs or videos of the accident scene, and witness statements from people who saw what happened. In complex cases, expert testimony from accident reconstruction specialists, medical professionals, and economists can help establish liability and calculate the full value of your family’s losses. The sooner you contact an attorney, the sooner our team can work to secure this evidence before it disappears.
Yes, your family can pursue a civil wrongful death lawsuit even if criminal charges have been filed against the person responsible for your loved one’s death. A criminal case and a civil case are separate legal proceedings with different purposes and different standards of proof. The criminal case focuses on whether the defendant should face punishment such as jail time, while the civil case focuses on whether your family should receive financial compensation for your losses. Even if the defendant is acquitted in criminal court or prosecutors decide not to file charges, your family may still have a valid wrongful death claim.
If you have lost a loved one because of someone else’s negligence, you do not have to face this fight alone. Jim Adler, The Texas Hammer®, has spent more than 50 years standing up for grieving families across Texas, and we are ready to fight for yours too. Our team will investigate what happened, identify everyone who should be held accountable, and pursue the full compensation your family deserves while you focus on healing and being there for each other.
You pay nothing unless we win your case, and your initial consultation is completely free.* Our San Antonio team is available to speak with you in both English and Spanish, and we can meet with you at our office or at a location that is convenient for your family. Call us today or fill out the form on this page to schedule your free case review. The Voice of The Victims™ is here to help your family get the justice and accountability you deserve.
[1] Texas Civil Practice and Remedies Code, Chapter 71, “Wrongful Death; Survival; Injuries Occurring Outside Texas.” https://statutes.capitol.texas.gov/docviewer?docPath=%2FCP%2Fhtm%2FCP.71.htm
[2] Texas Civil Practice and Remedies Code, Chapter 16, Section 16.003, “Two-Year Limitations Period.” https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
[3] Texas Civil Practice and Remedies Code, Chapter 41, “Damages.” https://tcss.legis.texas.gov/resources/CP/pdf/CP.41.pdf#41
[4] Texas Civil Practice and Remedies Code, Chapter 33, Section 33.001, “Proportionate Responsibility.” https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
[5] Texas Department of Transportation, “Texas Motor Vehicle Traffic Crash Facts Calendar Year 2024.” https://www.txdot.gov/content/dam/docs/division/trf/crash-records/2024/01.pdf
[6] National Highway Traffic Safety Administration, “Large Trucks: 2023 Data,” DOT HS 813 717, April 2025. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813717.pdf
[7] Texas Department of Insurance, Division of Workers’ Compensation, “2023 Texas Census of Fatal Occupational Injuries,” January 2025. https://www.tdi.texas.gov/wc/safety/sis/documents/2023fatalrpt.pdf
[8] Makary MA, Daniel M, “Medical error—the third leading cause of death in the US,” BMJ 2016;353:i2139. https://www.bmj.com/content/353/bmj.i2139
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