Wrongful Death Lawyer in San Antonio

Perkins & Perkins - A Top Choice for Your Wrongful Death Case

Fighting for Justice When You've Lost a Loved One

When a loved one dies due to someone else’s negligence, the pain is immeasurable. During this difficult time, you need a wrongful death lawyer in San Antonio who understands both the legal complexities and emotional challenges your family faces.

Our experienced attorneys have helped countless South Texas families navigate the legal system after a tragic loss, securing the justice and compensation they deserve while allowing them to focus on healing.

The Impact of Wrongful Death on San Antonio Families

The sudden loss of a family member affects every aspect of your life. In San Antonio, where construction, medical, and highway accidents occur with troubling frequency, families need strong legal representation to hold negligent parties accountable.

Understanding Wrongful Death Claims - Your Legal Rights After a Tragic Loss

A wrongful death lawsuit occurs when someone dies due to another’s negligence, carelessness, or intentional action. Texas law provides specific remedies for surviving spouses, parents, children, and the deceased’s estate, to seek compensation for both economic and non-economic damages.

When tragedies occur in San Antonio, families often face mounting medical bills, funeral expenses, and significant loss of income—all while grieving their loved one. Understanding your rights is the first step toward securing the resources your family needs to move forward.

For example, when a construction worker dies due to inadequate safety protocols at a San Antonio building site, surviving family members may have claims against multiple parties, including equipment manufacturers, contractors, and property owners.

Free Consultation With Perkins & Perkins

When choosing an attorney, it is important to choose one with knowledge and experience. Perkins & Perkins has a proven track record of representing plaintiffs in a variety of personal injury cases. Our abilities are demonstrated by an $18,111,232.00 verdict we secured in 2022, which was recognized as the largest construction injury verdict in Texas, that year.

Perkins & Perkins offers free consultations and operates on a contingency fee basis for injury cases. This means that you pay nothing unless we recover damages for you. With our proven knowledge and experience, we stand ready to help you. Contact us today for a consultation to discuss your options and take the first step in claiming justice for a loved one.

Industrial and Motor Vehicle Fatalities in Texas

Industrial Fatalities Trend

In 2023 there were 564 fatal occupational injuries; a decrease of 2.4% compared to 578 fatal occupational injuries in 2022. Data points from 2023 Texas Census of Fatal Occupational Injuries.

National data shows a total of 5,283 fatal occupational injuries.

Motor Vehicles Fatalities Trend

In 2023 there were 4,283 fatal motor vehicle crashes; a decrease of 4.4% compared to 4,481 fatal motor vehicle crashes in 2022. Data points from Texas Department of Transportation.

Navigating the Wrongful Death Process in Texas

The legal process following a wrongful death requires careful navigation. Our San Antonio attorneys guide families through each step, ensuring nothing is overlooked in their pursuit of justice.

Critical Timelines - When to Act and What to Expect Throughout Your Case

Time is critical in wrongful death cases. Texas imposes a two-year statute of limitations, meaning families must file claims within two years of their loved one’s death. However, waiting can jeopardize evidence collection and witness testimony.

The timeline for a typical San Antonio wrongful death case includes:

Initial consultation and case evaluation
Investigation and evidence gathering
Demand for payment
Filing the wrongful death lawsuit (if settlement isn’t reached)
Discovery phase (usually 3-12 months)
Negotiations, mediation, and potential settlement
Trial preparation (if settlement isn’t reached)
Trial and verdict
Potential appeals

Throughout this process, family members work closely with our legal team. Our team handles the complex aspects of the case while keeping our clients informed of developments and options.

Who Can File - Texas Law on Family Member Eligibility and Legal Standing

Texas law restricts who can file a wrongful death claim to specific family members. Eligible parties include:

The surviving spouse
Children (including adopted children)
Parents of the deceased

Notably, siblings, grandparents, and other relatives cannot file wrongful death claims under Texas law, regardless of their relationship with the deceased.

In San Antonio cases, determining who the proper parties are is essential, particularly in complex family situations or when multiple eligible family members have competing interests. An experienced attorney ensures all eligible family members receive proper representation.

Maximizing Compensation for Your Family's Loss

While no amount of money can replace your loved one, proper compensation provides financial security and accountability for those responsible. As your San Antonio wrongful death attorney, we work towards securing every dollar possible your family deserves.

Economic Recovery - Calculating Lost Income, Medical Bills, and Future Financial Support

Wrongful death damages in San Antonio cases typically include:

Past, current, and future medical costs
Funeral and burial costs
Loss of wages, benefits, and earning capacity
Loss of inheritance
Loss of consortium
Loss of care, maintenance, and support

Calculating these damages requires financial expertise. For instance, determining lost wages involves projecting career advancement, benefits, and retirement contributions the deceased would have earned.

In San Antonio’s diverse economy, which includes healthcare, military, tourism, and construction sectors, accurately calculating these losses becomes particularly important to ensure families receive fair compensation that reflects the city’s unique employment landscape.

Securing Justice - Pain and Suffering, Loss of Companionship or Consortium, and Punitive Damages

Beyond economic damages, Texas law allows recovery for:

Physical pain
Mental anguish and emotional suffering
Loss of companionship and society
Loss of consortium for spouses
Punitive damages (in cases of gross negligence)

These non-economic damages acknowledge the profound emotional impact of losing a family member. In cases involving extreme negligence, which can occur in San Antonio’s construction, healthcare, or transportation settings, punitive damages may also be awarded to punish particularly egregious behavior and deter similar future conduct by other individuals or companies.

For example, when a medical malpractice incident occurs due to known protocol violations at a San Antonio hospital, punitive damages might be appropriate to ensure healthcare providers prioritize patient safety in the future.

Why Our San Antonio Wrongful Death Attorneys Make the Difference

Choosing the right legal representation is crucial. Our dedicated team brings over 75+ years of experience, local knowledge, and a commitment to serving San Antonio families with compassion and tenacity.

Our Proven Investigation Process - Building an Winning Case Against Responsible Parties

Successful wrongful death cases require thorough investigation. Our approach includes:

Comprehensive evidence collection
Expert witness consultation
Accident reconstruction
Document and record analysis
Witness interviews
Corporate history investigation
Regulatory compliance review
Industry safety standard evaluation

This methodical process uncovers the full circumstances surrounding the death, identifying all responsible parties.

Our Local Advantage - 75+ Years of Experience with South Texas Wrongful Death Cases

Our deep roots in San Antonio provide unique advantages for clients. We understand:

Local industry practices and standards
San Antonio court systems and procedures
Local judges and their tendencies
Area medical providers and costs
Local economic factors affecting damage calculations

When representing San Antonio families, our attorneys leverage their understanding of community standards, industry practices, and local economic factors to build compelling cases that resonate with local juries.

Perkins & Perkins - Your Wrongful Death Lawyer in San Antonio

The aftermath of losing a loved one is overwhelming, but you don’t have to face it alone. Our wrongful death lawyers in San Antonio provide the legal expertise, compassionate support, and determined advocacy your family needs during this difficult time.

Contact us today for a free, confidential consultation to discuss your case and learn how we can help your family seek justice and healing after your devastating loss.

Fill out the contact form below or give us a call and let’s get started.

Common Wrongful Death Questions

1. Do I have to pay anything to file a lawsuit?

You never have to pay a penny out of your own pocket. At Perkins & Perkins, we operate under a contingency fee arrangement. This means our clients can seek legal action without any upfront costs or expenses. We only receive payment if we win the case, taking a percentage of the settlement or judgment. This arrangement allows individuals to challenge multi-million-dollar corporations and access legal representation regardless of their financial situation.

2. Can siblings file a wrongful death claim?

Unfortunately, in Texas, brothers and sisters cannot make a wrongful death claim. Only a spouse, children, and parents of the deceased person may file a claim. If you have lost spouse, child, or parent due to someone else’ negligence, know that Perkins & Perkins cares about you and sympathizes with what you are going through. We offer compassion and will do everything we can to get you the answers you seek during this tragic time. Call us at any time if you need assistance with your wrongful death claim.

3. Who can file a survival claim?

A survival claim is a legal action that allows the estate of a deceased person to seek compensation for the pain, suffering, and other damages the deceased endured from the time of their injury until passing. Whoever the court authorizes to represent the deceased person’s estate can file a survival claim. At Perkins and Perkins, our lawyers frequently help individuals get appointed to represent their loved one’s estate. If you need help getting appointed in order to file a survivor claim, give us a call.

4. Can minors file a wrongful death claim?

Yes and no. In Texas, a minor can file a wrongful death claim, but they cannot file the claim on their own due to their age. Instead, a legal guardian, such as a surviving parent or another adult guardian, must file the claim on the minor’s behalf. The guardian acts in the best interests of the minor and ensures that any compensation awarded is used appropriately for the minor’s benefit. If you need an attorney to help you represent the interests of a child in a wrongful death claim the Perkins & Perkins Law Firm can help you. Call us today for a free consultation.

5. Can more than one person file a wrongful death lawsuit?

Yes. The surviving spouse, children, and parents of the deceased person all have the right and can file a wrongful death claim. When multiple parties are eligible, they usually join together with a single law firm like Perkins & Perkins to streamline the process and present a united front. Let our family help yours.

6. Am I entitled to get reimbursement for funeral expenses?

Yes, in a wrongful death claim, you can seek reimbursement for funeral and burial expenses. The aim is to compensate the family for the financial losses directly resulting from the wrongful death of their loved one. If you or your loved ones need help with funeral expenses after a tragic incident, call the Perkins and Perkins law firm today.

7. Is it ok to wait to file my claim.

At Perkins & Perkins, we almost never advise our clients to wait on filing a claim. Filing sooner allows you to preserve important and crucial evidence, and puts pressure on the negligent party to resolve your case.

8. What is a stowers demand?

A Stowers demand is a powerful legal tool that pressures insurance companies to settle claims within policy limits. Based on the 1929 Texas case Stowers Furniture Co. v. American Indemn. Co., 15 S.W.2d 544 (Tex. Comm. App. 1929, approved) this doctrine requires insurers to act in good faith when handling claims against policyholders.

If an insurer rejects a reasonable Stowers demand and a judgment later exceeds policy limits, the insurance company becomes liable for the entire amount—regardless of coverage limits.

At Perkins and Perkins, our wrongful death lawyers leverage Stowers demands effectively in negotiations. Our attorneys have extensive experience settling claims and maximizing compensation for clients. For proven representation, call us today for a free consultation.