Wrongful Death Law in San Antonio, Texas

Wrongful Death Attorneys in San Antonio, Texas

Steve Hollingsworth

Did You Lose a Loved One Due to Wrongful Death in San Antonio?

At the Hollingsworth Law Firm, our San Antonio wrongful death attorneys represent individuals and families throughout Texas who have lost their loved ones to negligence. Negligence — which is the failure to use reasonable care, resulting in damage or injury to another — can occur anywhere in BexarComal, and Medina Counties, including traffic collisions, workplace accidents, on private or public property, and other personal injury circumstances.

When Texas residents lose their lives to negligence, our wrongful death lawyers in San Antonio partner with their family members to hold the responsible party — or combination of parties — liable for their tragic losses.

Collectively, our skilled San Antonio wrongful death attorneys have spent more than three decades working on both sides of the courtroom, gaining unparalleled experience of the inner workings of some of the world’s largest insurance companies, and transforming that knowledge into wins for our clients. We can pursue the same results for you and your family.

Our skilled legal staff offers services in English, Spanish, Portuguese, and Mandarin because we believe in inclusion, fairness, and justice. It is only possible to successfully represent the people in our communities when we can successfully represent all people.

What Is Wrongful Death in San Antonio, Texas?

In Texas, a wrongful death is defined as a fatality caused by the negligence, recklessness, or intentional actions of another party. This could involve car accidents, truck collisions, slip and fall incidents, medical malpractice, or any other type of accident where someone’s death was preventable. Families are often left to deal with not only the emotional burden but also the financial strain that comes from the sudden loss of a loved one.

As San Antonio wrongful death accident lawyers, we work tirelessly to hold the responsible parties accountable for their actions and ensure that your family receives the compensation it deserves.

Statistics For Wrongful Death Cases in San Antonio, TX

In late 2025, San Antonio recorded 133 fatal crashes, with 141 deaths. A notable portion of these fatalities involved pedestrians, with 54 deaths, as well as four bicyclists killed in accidents, indicating a significant risk to vulnerable road users. Additionally, speeding continues to be a major contributor to traffic accidents, with more than 10,700 speeding-related crashes in 2024, resulting in 123 deaths and 424 serious injuries.

Data on traffic‑related fatalities and fatal crashes in San Antonio sheds light on the scope of wrongful death claims tied to motor vehicle incidents. Between 2018 and 2022, San Antonio reported 860 traffic fatalities, positioning the city as one of the most dangerous for motorists in Texas.

In 2022 alone, San Antonio recorded 39,355 motor vehicle collisions, including 186 fatal crashes, which resulted in 199 deaths. This translates to nearly one fatal crash every other day, underlining the persistent risks on the city’s roads. In addition, 542 crashes resulted in serious injuries, while numerous others caused minor or potential injuries, highlighting the ongoing impact of accidents even when fatalities are not involved.

What are the Most Common Causes of Wrongful Death in Texas?

Since 2003, we have dedicated our practice to producing real results for real people whose lives have been impacted by negligence, including those who have tragically lost their loved ones in preventable accidents.

Some of the most common causes of wrongful death in Texas include, but are not limited to:

Texas wrongful death claims are inherently complex, which is why partnering with a skilled and experienced San Antonio personal injury lawyer is paramount to your family’s success — inside and outside the courtroom.

Our law firm founder, Steve Hollingworth, has been the lead attorney in over 50 jury trials as lead counsel in over a dozen different Texas counties. Should your case go to trial, we will be ready to aggressively pursue the positive outcome you deserve in front of a judge and/or jury.

The insurance company will value a case more if they know the firm is willing to go to trial. At the Hollingworth Law Firm, we are more than willing — we remain trial-ready.

Wrongful Death Law

Which Family Members are Eligible to File Wrongful Death Claims in Texas?

Texas wrongful death law specifies which family members are eligible to file a claim when they have lost their loved ones to negligence.

Eligible family members include the deceased person’s:

  • Surviving Spouse
  • Children
  • Parents

If a surviving eligible party does not file a Texas wrongful death claim within three months of the individual’s death, a personal representative or administrator of the deceased person’s estate may file the claim instead.

The exception to the latter’s eligibility is when surviving family members specifically request that the wrongful death lawsuit not be filed.

How Long Do You Have to File a Wrongful Death Claim in San Antonio, TX?

In Texas, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death. It’s essential to contact an attorney as soon as possible, as waiting too long could prevent you from seeking the compensation you deserve.

What Are the Key Considerations When Filing a Wrongful Death Claim in San Antonio, TX?

When filing a wrongful death claim in San Antonio, there are several important considerations:

Who Can File a Wrongful Death Claim in Texas?

In Texas, only certain family members are allowed to file a wrongful death lawsuit. These individuals include:

  • The spouse of the deceased
  • The children of the deceased
  • The parents of the deceased (if the deceased was a minor)

It’s important to note that if you are a family member eligible to file a claim, you should act quickly, as there is a statute of limitations for wrongful death cases in Texas. You generally have two years from the date of death to file a claim.

The Importance of Timely Action

In wrongful death cases, crucial evidence can deteriorate or become harder to obtain over time. Acting quickly by contacting San Antonio wrongful death accident lawyers ensures that your case is handled correctly and that the statute of limitations does not expire.

What are My Financial Recovery Options During a Wrongful Death Claim in San Antonio?

At the Hollingsworth Law Firm, we outline each of our clients’ unique recovery needs based on the evidence available for each case.

Common financial recovery options in San Antonio wrongful death claims may include, but are not limited to:

  • Medical Expenses Incurred After the Accident and Before Death
  • Funeral and Burial Costs
  • Lost Earning Capacity
  • Lost Inheritance
  • Lost Love, Companionship, Comfort, and Society
  • Lost Support, Advice, Care, Maintenance, Services, and Counsel
  • Mental Pain and Anguish Experienced by the Surviving Family

In Texas, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death. The sooner you contact our skilled San Antonio wrongful death attorneys, the faster we can begin preserving evidence that will allow us to pursue the financial recovery you deserve through negotiations with the at-fault party’s insurance company or prepare your case with precision for trial.

What Are the Common Defenses in Wrongful Death Cases in San Antonio, TX?

While filing a wrongful death claim, it’s also important to be aware of potential defenses the other party may use to limit their liability. Some common defenses in wrongful death cases include:

  1. Comparative Negligence: In some cases, the defendant may argue that the deceased was partially responsible for the accident. In Texas, comparative negligence laws mean that your compensation may be reduced if you are found to be partially at fault for the incident. However, even in these cases, you can still recover compensation as long as you are not more than 50% at fault.
  2. Assumption of Risk: In certain situations, the defense may argue that the deceased voluntarily assumed the risks that led to the accident. This defense is often used in cases involving dangerous activities, such as participating in extreme sports or working in hazardous conditions.
  3. Contributory Factors Outside the Defendant’s Control: Another defense could be that the defendant’s actions were not the direct cause of the accident. They may argue that the cause of death was related to some other factor, such as a pre-existing medical condition.
  4. Statute of Limitations Expired: If the wrongful death claim is not filed within the two-year statute of limitations in Texas, the defendant may argue that the case is time-barred. That’s why it’s essential to act quickly and contact our wrongful death accident lawyer in San Antonio as soon as possible.

How Can You Overcome Common Challenges in San Antonio Wrongful Death Cases?

Wrongful death cases can be complex, and families often face several challenges when pursuing justice. Below are some common obstacles in wrongful death claims:

  • Establishing Negligence or Liability: In some cases, proving negligence can be difficult. Our San Antonio wrongful death attorneys will conduct a detailed investigation, obtain expert testimonies, and gather evidence to establish who is legally responsible for the death of your loved one.
  • Dealing with Insurance Companies: Insurance companies often try to minimize payouts or deny claims altogether. Our wrongful death accident lawyers are skilled at handling insurance companies, ensuring that you are not taken advantage of during an already difficult time.
  • Understanding Damages and Compensation: In wrongful death cases, there are different types of damages you may be eligible for, including economic and non-economic damages. Our team will ensure you understand the available compensation options and work hard to recover the maximum amount possible.

What Makes a Hollingsworth Law Firm Wrongful Death Accident Attorney in San Antonio, TX the Right Choice for You?

If you’ve lost a loved one in a wrongful death accident, taking legal action can provide the closure and justice your family deserves. Hiring the right wrongful death accident attorney in San Antonio can make all the difference. Here’s why:

  1. Experience: Our San Antonio wrongful death accident attorneys are skilled at handling complex wrongful death cases. We have the legal experience with the complexities of Texas law and the experience to anticipate the defense’s strategies.
  2. Compassionate Representation: We understand that this is a deeply emotional time for you and your family. At Hollingsworth Law Firm, we offer compassionate, personalized legal services to help you every step of the way.
  3. Aggressive Advocacy: Our team fights relentlessly for the rights of wrongful death victims and their families. We will stand up to insurance companies, corporations, and other powerful entities to ensure that you receive the justice and compensation you deserve.
  4. Free Consultations and No Fees Unless We Win: We offer free consultations and operate on a contingency fee basis, meaning you don’t pay unless we win your case. You can pursue your wrongful death claim without worrying about upfront legal fees.

Contact Our Skilled Wrongful Death Attorneys in San Antonio, Texas Today

If your loved one lost their life to negligence in Texas, contact our compassionate San Antonio wrongful death lawyers at the Hollingsworth Law Firm today by calling 210-551-0195 or contact us online for a free case evaluation.

Our skilled bilingual wrongful death lawyers and support staff represent clients throughout the state of Texas on a contingency basis, so you never pay any legal fees unless we win your case.

If you are ready to fight for the compensation you deserve, so are we. Let us take the lead.

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Frequently Asked Questions for Wrongful Death Attorney San Antonio

What is a wrongful death claim?

A wrongful death claim is a legal action taken when someone’s death is caused by the negligence or misconduct of another party. The claim seeks compensation for the survivors’ losses, such as lost wages, funeral expenses, and loss of companionship.

How long do I have to file a wrongful death claim in San Antonio?

In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. It’s important to act promptly as exceptions can apply, and consulting with a San Antonio wrongful death attorney early can help preserve your rights.

What is the process of filing a wrongful death lawsuit?

The process begins with a consultation with a wrongful death attorney who will evaluate your case. If you decide to proceed, your attorney will investigate the circumstances of the death, gather evidence, and file the lawsuit on your behalf. The case may involve settlement negotiations, and if no settlement is reached, it may go to trial.

Do I need an attorney to file a wrongful death claim?

While it is not legally required to have an attorney, having an experienced wrongful death attorney is highly recommended. They can navigate the complexities of the legal system, handle paperwork, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Can I settle a wrongful death claim out of court?

Yes, many wrongful death claims are settled out of court through negotiations between the parties involved. An experienced wrongful death attorney in San Antonio can help you negotiate a fair settlement. However, if a satisfactory agreement cannot be reached, your attorney can take the case to trial to seek the compensation you deserve.

How long does it take to resolve a wrongful death claim?

The duration of a wrongful death claim can vary widely depending on factors such as the complexity of the case, the willingness of the parties to negotiate, and the court’s schedule. Some cases may be resolved within a few months, while others may take several years, especially if they go to trial. Your attorney can provide a more accurate timeline based on the specifics of your case.

How do I prove negligence in a wrongful death case?

To prove negligence in a wrongful death case, you must establish that the defendant owed a duty of care to the deceased, breached that duty through their actions or omissions, and caused the death as a result. Evidence such as witness testimony, experienced opinions, and documentation can support your claim.

What is the difference between wrongful death and survival actions?

A wrongful death claim compensates the deceased’s family members for their losses, while a survival action seeks damages that the deceased could have claimed if they had survived, such as pain and suffering and medical expenses incurred before death. Both claims can often be filed simultaneously.

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