San Antonio Wrongful Death Lawyer

You do not need to have those answers before asking for help. The Castro Law Office, PLLC offers families a place to begin: a conversation about the circumstances of the death, the people affected, and the information that needs to be protected.

A San Antonio wrongful death lawyer can help distinguish your family’s potential claims from claims belonging to your loved one’s estate. That distinction matters before anyone signs a release or assumes that one payment resolves everything. ¹

Call (210) 740-2796 for a free consultation about a wrongful death in San Antonio.

When Can a Death Lead to a Civil Claim?

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Texas permits a wrongful-death action when legally actionable conduct causes a person’s death and the other requirements of the claim are met. A fatal outcome alone does not establish that someone was negligent. The investigation must connect a specific person’s or business’s conduct to the death. ¹

Depending on the facts, the underlying event might be a car or commercial-truck crash, a collision involving someone walking or riding a bicycle, an unsafe property condition, or a defective product. The applicable duties differ. A business is not responsible merely because the incident happened nearby, and an employer is not automatically liable for everything a worker does.

A death associated with medical treatment or a workplace incident can require a separate legal analysis. Health-care liability claims, for example, have special notice, expert-report, limitations, and damages rules. Tell us about the setting so the correct issues can be identified before decisions are made. ²

Who Can Bring a Wrongful Death Claim in Texas?

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The statutory beneficiaries are the deceased person’s surviving spouse, children, and parents. One or more may bring the action for the benefit of all. Siblings, grandparents, unmarried partners, and other relatives do not qualify solely because of those relationships, although a person’s legal status or role in an estate may raise different questions. ¹

Being named in a will is not the same as being a wrongful-death beneficiary. Likewise, being a close family member does not necessarily authorize someone to settle an estate’s separate claim. We begin by identifying the family relationships and any existing estate representative.

Texas also provides a role for an executor or administrator if no qualifying family member begins the action within three calendar months after the death, unless all qualifying beneficiaries request otherwise. This is not a three-month deadline that automatically extinguishes the family’s claim. Filing deadlines require their own analysis. ^{1 3}

Wrongful Death and Survival Claims Are Different

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A wrongful-death claim addresses the family’s loss

This claim concerns the legally recoverable harm suffered by eligible family members because of the death. Financial support, services, companionship, and mental anguish may require individualized proof. Family members’ losses are not necessarily identical. ^{1 4}

A survival claim preserves the deceased person’s claim

A survival action continues a personal-injury claim the deceased person could have pursued. Depending on the proof, it may address losses before death, such as medical expenses and conscious pain and suffering. The claim survives for the benefit of the heirs, legal representatives, and estate under Texas law; the proper person to pursue it must be determined. ^{1 4}

Both types of claims may arise from the same event, but they are not interchangeable. We examine who has authority to act, which losses belong to which claim, and how any proposed release would affect each person or the estate.

The Investigation Should Explain More Than the Final Moment

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When the person who died cannot describe the event, the surrounding records become especially important. The work should establish a reliable sequence rather than fill gaps with assumptions.

Reconstruct the incident. Available crash or incident reports, 911 records, photographs, video, witness accounts, and physical evidence can help establish what happened. Identify the vehicles, equipment, or property that may need inspection before repairs, disposal, or changes occur.

Examine the connection between the incident and the death. Medical records, emergency-response information, death certificates, and any available autopsy findings should be considered together. A document naming a cause of death does not, by itself, resolve every civil-liability question.

Identify the responsible parties and available coverage. Ownership, employment relationships, contracts, operating records, and insurance information may need review. The investigation should follow the evidence, not simply the most visible company name.

Document the person’s role in the family. Employment and financial records may help explain lost support. Family accounts, caregiving responsibilities, and other evidence can describe services and relationships that a wage statement does not capture. These details should be accurate and specific, not exaggerated.

You do not need to collect all of this yourself. Bring the records you already have and tell us which agencies, businesses, or insurers have contacted you.

Fatal Crashes in San Antonio: Local Context

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TxDOT recorded 159 fatal traffic crashes resulting in 167 deaths in San Antonio during 2025. The city-level report reflects crash reports received and processed through April 7, 2026. ⁵

These numbers describe traffic deaths, not all preventable deaths, wrongful-death lawsuits, or cases in which another person was legally at fault. They also are not a Bexar County total. A family’s legal options depend on the individual event, not a statistical category.

What Compensation May Be Available?

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A careful evaluation separates documented financial losses from the personal effects of the death. Depending on the claim, beneficiary, and evidence, the family may seek compensation for lost financial contributions and services, loss of companionship and society, mental anguish, and supported loss of inheritance. The estate’s claim may involve the deceased person’s own pre-death losses. ^{1 6 4}

Keep records of medical bills, funeral and burial expenses, earnings, benefits, and other related costs. An attorney should evaluate which expenses are recoverable, who incurred them, and how they should be allocated between the claims. The same loss cannot simply be counted twice.

Exemplary damages are not automatic after a fatal incident. They require additional proof and are subject to separate legal standards and potential limits. Ordinary negligence alone is not enough. ^{1 6}

There is no responsible way to value a case from the fact of death alone. Liability, evidence of loss, legal restrictions, available coverage, and other circumstances must be reviewed. We do not promise a particular settlement or verdict.

How Long Does a Family Have to Act?

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Texas generally requires a wrongful-death lawsuit within two years after the death. Exceptions and claim-specific rules can change that result. A survival claim has its own accrual and limitations analysis; do not assume that death automatically starts a new two-year period for every claim. ³

Claims involving governmental entities can have much earlier notice requirements and immunity issues. Health-care liability claims have separate statutory requirements. Waiting for an insurance decision, a completed investigation, or another proceeding should not be treated as a way to extend a civil filing deadline. ^{7 2}

An early consultation is about preserving choices, not pressuring your family to make every decision immediately.

What Families Can Do Now

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Keep the names and contact information for investigating agencies, witnesses, medical providers, and insurance adjusters together. Save letters, claim numbers, photographs, messages, and any estate documents. Preserve original files and physical evidence rather than editing or discarding them.

Before signing a release, settlement agreement, or broad authorization, ask whose rights the document affects and whether the signer has authority to act. A proposal directed to one family member may not account for every beneficiary or the estate.

For a first conversation, the most useful starting points are the date and place of the incident, the date of death, your relationship to the person, and what you have been told about the cause. Missing paperwork should not stop you from calling.

Why Contact The Castro Law Office?

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Our San Antonio office is at 315 East Commerce Street, Suite 202. Attorney Christopher Castro and The Castro Law Office focus the initial discussion on your questions, the available evidence, and the decisions that require attention next.

For a matter we accept, the work may include preserving evidence, obtaining records, evaluating responsible parties and insurance, documenting losses, and discussing negotiation or litigation. The scope of representation is addressed in a written agreement.

You deserve clear explanations about what is known, what remains uncertain, and what a proposed resolution would mean for your family.

Free Consultations and Recovery-Only Fees

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Your initial consultation is free. Our attorney’s fees, court costs, and other case expenses are paid only from a successful recovery. You do not pay upfront attorney’s fees or case expenses to our firm.

If we do not recover compensation, you owe our firm no attorney’s fees or reimbursement of case expenses. If we recover compensation, fees and expenses are deducted from the proceeds according to the written representation agreement. This policy concerns charges owed to our firm; it does not eliminate independent obligations such as medical or funeral bills.

Frequently Asked Questions

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Does there have to be a criminal charge or conviction?

No criminal conviction is required just to pursue a civil wrongful-death claim. Texas expressly allows the civil action even when the death resulted from a felony or a related criminal proceeding exists. The civil claim still needs its own legal and factual support. ¹

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Can an adult child bring a claim for a parent’s death?

The statute includes surviving children and does not restrict that category to minor children. The claimant’s relationship and recoverable losses still must be established. ¹

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Do we have to open probate before contacting your office?

No. We can discuss the incident before an estate has been opened. Whether an estate representative or additional probate steps are needed depends on the claims and who has authority to pursue them. Do not assume the family and estate claims have the same procedural requirements. ¹

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What if my loved one was partly responsible?

In cases governed by Texas proportionate-responsibility law, the deceased person’s responsibility can affect related claims. Recovery may be reduced or barred, depending on the applicable allocation and legal rules. An insurer’s allegation is not a final determination of responsibility. ⁸

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Can a claim exist when death occurs after the accident?

Potentially. The medical and other evidence must connect the actionable conduct to the death. The time between injury and death can also matter when separating survival claims from wrongful-death claims and calculating deadlines. ^{1 3}

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Will every case require a trial?

No particular resolution can be promised. The appropriate approach depends on the evidence, the parties’ positions, and available options. We explain settlement proposals and litigation decisions so the person with authority to act can make informed choices.

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