Wrongful Death Attorney San Antonio
If you’re looking for a wrongful death attorney San Antonio families trust, Janicek Law offers the knowledge and resources needed to obtain justice and full accountability for the loss of a loved one. Our San Antonio wrongful death lawyer team is board-certified in Texas personal injury law and brings over 30 years of trial-tested expertise. We understand how overwhelming the legal process can be when a loved one’s death was caused by negligence or wrongful acts. Our San Antonio wrongful death law firm works tirelessly to maximize settlements and jury awards. We offer free consultations and handle wrongful death cases on a contingency fee basis. This means clients don’t owe anything unless we win.
Call 210-366-4949 or use our contact form for a free case evaluation. Learn why families across Bexar County choose our legal team to handle the most complex cases in their most difficult moments.
San Antonio Wrongful Death Lawyer Serving Bexar County
Our San Antonio wrongful death law firm is proud to serve those throughout Bexar County who have lost loved ones. As local attorneys deeply familiar with the Bexar County legal system, we understand the legal landscape and have established strong relationships with judges and expert witnesses throughout the region. We represent families from all corners of Bexar County, including San Antonio, Helotes, Hollywood Park, Hill Country Village, Leon Valley, Olmos Park, Terrell Hills, and other communities, bringing our expertise directly to your doorstep.
Most Common Causes of Fatal Motor Vehicle Accidents in San Antonio
| Common Causes of Wrongful Death | Texas Law |
|---|---|
| Speeding | Transportation Code § 545.351 |
| Failure to Yield | Transportation Code §§ 545.151–154 |
| Driving Under the Influence of Alcohol or Drugs | Penal Code § 49.04 |
| Distracted Driving | Transportation Code § 545.4251 |
Comparative negligence in Texas applies directly to the damages that surviving family members can obtain. If the decedent is found less than 51% at fault for a fatal car accident, beneficiaries can still recover compensation. The settlement or jury award is reduced by the person’s percentage of fault. If the deceased is found 51% or more at fault, surviving family members are barred from possible damages.
If you lost a loved one in a fatal car accident, motorcycle accident, truck accident, or other type of motor vehicle accident, a San Antonio wrongful death lawyer can guide you through the legal process. For experienced representation for fatal car accident claims in San Antonio, TX, contact our legal team.
Cyclist and Pedestrian Fatalities
Pedestrian-related car accidents are a major risk. The city was ranked the 7th most dangerous for pedestrians in the U.S. Last year, there were 65 deadly cycling and pedestrian accident reports. Just 1% of San Antonio streets account for 42% of pedestrian incidents. These include:
- Zarzamora Street
- Culebra Road
- Bandera Road
- Perrin Beitel Road / Nacogdoches Road
- West Commerce Street
- San Pedro Avenue
Close family members can file a wrongful death lawsuit when cyclists or pedestrians are killed because of another person’s negligent actions. Examples of wrongful acts include drivers failing to yield or speeding. We offer dedicated fatal pedestrian accident claims assistance in San Antonio. Contact a San Antonio wrongful death attorney to discuss the legal process.
Fatal Drunk Driving Accident
San Antonio ranks as the fourth-highest U.S. city for drunk driving fatality risk. 27% of all fatal traffic accidents in San Antonio are caused by driving under the influence. Most drunk driving accidents occur in the River Walk area. Other areas include The Pearl, Southtown, and The St. Mary’s Strip. Our personal injury law firm offers experienced representation for San Antonio drunk driving accident claims. Our wrongful death lawyers in San Antonio seek punitive damages in the aftermath of drunk driving accidents when the driver’s conduct is particularly egregious. Texas law allows these damages when a fatality results from intentional acts, like driving drunk. These damages are intended to punish the defendant’s negligence and deter similar conduct.
Texas insurance companies aren’t required to cover punitive damages. This means family members must file a wrongful death lawsuit to seek additional damages. Our San Antonio wrongful death attorneys also help clients explore fatal dram shop liability claims against establishments that overserved the driver.
Fatal Accidents Involving ATVs, Golf Carts, and Dirtbikes
There were 14 ATV fatalities in Texas in 2023. Golf cart and dirt bike accidents add to this painful statistic. The most recent accident reports show Texas led the nation in off-road tragedies, totalling 113 OHV deaths. When San Antonio ATV accidents, golf cart accidents, or dirt bike crashes are caused by driving under the influence, reckless operation, illegal road use, or defects. Or when pedestrians suffer from violations or negligence, surviving family members can sue the responsible parties. Our San Antonio wrongful death lawyer group represents clients in holding negligent parties responsible. We seek the compensation you deserve with compassion and a professional approach.
Medical Malpractice Wrongful Death in San Antonio
San Antonio wrongful death claims involving negligent medical professionals at South Texas Medical Center and other facilities are governed by strict legal processes. These cases are also subject to non-economic loss limits.
Under Texas medical malpractice law, these civil claims require expert witnesses. Expert witnesses must be practicing medical professionals, possess knowledge of the Texas medical standard of care for the unexpected death involved, and have expertise in providing information in courtroom procedures under Texas expert witness law.
If malpractice caused the death, a San Antonio wrongful death attorney or the personal representative must provide written notice at least 60 days before filing a wrongful death lawsuit. If you’ve lost a loved one, our law firm provides skilled assistance for malpractice claims in San Antonio. Your attorney will use medical records, expert witnesses, and other evidence to help secure fair compensation for lost income, pain and suffering, loss of companionship, funeral expenses, medical expenses incurred, and other damages.
Elder Abuse Deaths in Bexar County Nursing Homes, Assisted Living Facilities, and Memory Care Centers
Elder abuse deaths in Bexar County nursing homes represent a growing concern. Texas nursing home laws establish levels of care. When immediate jeopardy exists, Texas HHSC notifies doctors and requires a Plan of Removal within 10 working days of receiving statements. If noncompliant, the termination process begins.
In Bexar County, nursing home financial abuse often accompanies neglect. HHSC investigates allegations of stolen money or economic abuse simultaneously.
Families who lost loved ones and suspect the loved one’s death was caused by abuse or neglect can contact Texas APS. Potential cases require immediate legal counsel. Nursing home wrongful death claims require demonstrating elements that balance state and federal laws, victims who can’t advocate for themselves, and preserving evidence in institutional settings.
Kerrville nursing homes, New Braunfels nursing homes, Seguin nursing homes, Kyle nursing homes, San Marcos nursing homes, and the surrounding areas raise concerns when instances of unexpected deaths occur. Families can seek legal help for San Antonio nursing home wrongful death and pursue a sense of justice and compensation through the courts. For a free consultation and guidance, speak with a San Antonio wrongful death lawyer from our law firm.
Patients Killed By Medication Errors, Surgical Errors, and Hospital Negligence
Many studies indicate that over half of all medication errors and adverse events are preventable. 40% of all malpractice claims are related to surgical errors in Texas. What’s more devastating is that only 9-25% of patients are voluntarily informed when errors occur. Our San Antonio wrongful death lawyers have extensive experience handling medical malpractice claims. If you suspect a loved one’s death occurred due to medication mistakes, surgical errors, or hospital negligence, a San Antonio wrongful death lawyer can help you navigate Texas liability laws.
The San Antonio wrongful death attorneys at our personal injury law firm have extensive experience in:
- Claims against negligent hospitals in San Antonio
- Pharmaceutical error claims in San Antonio
- Surgical injury claims in San Antonio
- Claims for veteran medical neglect in San Antonio
If you’ve lost a loved one to medical malpractice, a wrongful death lawyer in San Antonio, TX, will work tirelessly to ensure responsible parties are held accountable. We seek the justice and compensation you deserve when grieving the loss of a loved one.
Failure to Diagnose and Medical Misdiagnosis Death in San Antonio
If you’ve lost a loved one, additional factors must be considered for the wrongful death claims in San Antonio. In many wrongful death cases, treatment delays are the harm. Texas courts don’t recognize “loss of chance” claims. “Loss of chance” is proving that an earlier diagnosis would have eliminated or reduced the risk of preventable fatal outcomes. Fatal misdiagnosis cases often stem from victims suffering heart attacks, strokes, meningitis, pulmonary embolism, or sepsis deaths that were preventable in Bexar County. If you suspect a loved one’s death was caused by negligence, our attorneys provide skilled representation for San Antonio misdiagnosis and incorrect diagnosis claims. A San Antonio wrongful death lawyer can help your family seek the justice, closure, and the maximum amount of compensation you deserve.
Workplace Accident Wrongful Death in San Antonio – High Risk Industries in Bexar County
Since 2009, Texas has led the country in workplace fatalities. Industries with the highest number of fatal injuries in Texas include trade, transportation, utilities, construction, and professional drivers. OSHA violations and low union participation rates contribute to these dangerous circumstances.
Workers in certain industries may be covered under specialized federal laws. For example, railroad employees are protected by the Federal Employers’ Liability Act (FELA). This allows surviving family members to sue for full damages when employer negligence leads to fatalities.
Our attorneys handle civil claims for workers in San Antonio. If you’ve lost a loved one, contact a San Antonio wrongful death lawyer from our law firm to discuss the legal process of recovering fair compensation.
San Antonio Workers Killed in Construction and Oil and Gas Accidents
In 2023, 124 Texas construction workers were killed on the job. 36 oil and gas workers died in workplace accidents. In most wrongful death cases, death benefits typically don’t cover the deceased’s earning potential and wage losses adequately.
This makes filing wrongful death lawsuits in San Antonio crucial for family members seeking justice and compensation. Families of those who died due to negligent contractors, third parties, or grossly negligent employers are entitled to file a wrongful death claim.
Our wrongful death lawyers in San Antonio provide immediate legal counsel to gather evidence, determine fault, and hold the company or another party accountable. We provide aggressive legal help for San Antonio oil and gas workers and deliver legal assistance for San Antonio construction workers. From crane accidents and scaffolding accidents to fire and explosion claims, our San Antonio wrongful death law firm is here to hold responsible parties liable and ensure the wrongful death claim is resolved fairly.
Fatal Workplace Accidents Involving Chemical Plant, Manufacturing Plant, and Warehouse Jobs
Several factors contribute to loss of life, including toxic exposure, equipment failure, explosions, and crush injuries. Many accidents result from preventable causes, including carelessness, inadequate training, and unsafe conditions.
Texas doesn’t require private employers to carry workers’ compensation insurance. This leaves many families facing the emotional trauma and mental pain of workers killed without automatic death benefits. This forces them to pursue wrongful death lawsuits to cover funeral services and burial expenses while enduring immense emotional pain.
An experienced San Antonio wrongful death lawyer can help prove wrongdoing and build strong cases on behalf of clients in these types of wrongful death actions across Bexar County.
Boating, Maritime, and Jones Act Death
Fatal accidents on inland waterways often occur on the San Antonio River, Medina River, Calaveras Lake, and Braunig Lake. Nearby Hill Country lakes also see deadly incidents. Lake Travis and Horseshoe Bay on Lake LBJ have frequent fatal accident reports from traffic and alcohol use. Marble Falls Lake often sees crashes from speeding or inexperience. Our experienced attorneys provide legal counsel for fatal boating accident claims in Bexar County.
Most wrongful death claims on the San Antonio River Walk happen near East Nueva Street, Villita Street, and the Commerce Street bridges. Additional hazards are tied to the locks and dams along the San Antonio River Basin, where contractors manage vessel flow and water infrastructure.
Maritime contractor and port worker deaths in the San Antonio River Basin area are tied to high-risk sites, like Port San Antonio (industrial rail yards and intermodal facilities), and Kelly Field. Additional dangers arise along the San Antonio River Basin, Leon Creek, Salado Creek, and Cibolo Creek, where contractors handle dredging, bridge, and flood control work.
| Death on the High Seas Act (DOHSA) | Longshore & Harbor Workers’ Comp Act (LHWCA) | Jones Act | |
|---|---|---|---|
| Who It Covers | Maritime workers / passengers | Land-based maritime employees | Seamen |
| Death Application | Occurs more than 3 nautical miles offshore | On navigable waters or adjoining areas | Caused by employer negligence or unsafe conditions |
| Benefits | Economic damages | Medical care, disability, and survivor benefits | Lost income, medical costs, pain and suffering, and lost earning capacity |
| Statute of Limitations | Three years (46 U.S.C. § 30305) | One year (33 U.S.C. § 913) | Three years (46 U.S.C. § 30106) |
San Antonio Wrongful Death Caused by Negligent Property Owners and Product Manufacturers
Our law firm represents clients in product and premises liability claims in San Antonio.
Dangerous Drugs, Auto Defects, and Faulty Industrial Equipment
Wrongful death claims resulting from pharmaceuticals, vehicles, or equipment typically arise from design flaws and failure to warn.
San Antonio dangerous drug claims and claims involving defective medical devices in San Antonio often result from responsible parties not testing products, undisclosed symptoms, and faulty manufacturing. Manufacturers, doctors, pharmacies, and distributors can face wrongful death lawsuits for breach of legal duty.
Fatal motor vehicle accidents can result from faulty brakes, airbags, tires, or safety systems. In many wrongful death claims, manufacturers failed to recall or warn consumers.
Wrongful death claims from faulty industrial equipment typically result from defective cranes, forklifts, or electrical systems. A San Antonio wrongful death lawyer from our law firm can determine whether manufacturers, maintenance providers, employers, contractors, or third-party companies are responsible.
For all three areas, our San Antonio wrongful death lawyer group gathers evidence linking the issue to the fatal outcome. We pursue significant settlements on behalf of clients in these wrongful death cases.
Fatal Swimming Pool Accidents and Drowning
There were 90 drowning deaths in Texas, according to the last accident reports. Pool owner negligence, inadequate supervision, and pool drain suction-related deaths in San Antonio are all leading causes. Pool owners face premises liability when safety measures aren’t taken. A San Antonio wrongful death lawyer provides essential legal assistance for swimming pool and drowning accidents. If you lost a loved one in a San Antonio swimming pool accident or drowning accident in San Antonio, consult our law firm through a free consultation.
Negligent Security Leading to Fatal Assaults
Inadequate security claims in San Antonio arise when property owners or other parties fail to provide reasonable protection against foreseeable acts. Courts assess whether signs or steps taken were adequate when evaluating the duty of care. If a loved one died from security failures, contacting a San Antonio wrongful death lawyer is imperative. We’ll fight to secure compensation and are always prepared to take wrongful death claims to court.
Fatal Dog Attack
Fatal dog attacks lead to complex liability issues. These wrongful death claims typically affect younger children or elders and occur from animals with prior aggressive incidents. The emotional and legal aftermath involves both criminal charges for owners and wrongful death lawsuits seeking compensation. Our San Antonio wrongful death lawyer group represents Bexar County dog bite victims in civil claims.
San Antonio Wrongful Death Lawyers For Government Liability
Federal Facility and Military Base Wrongful Death Claims in San Antonio
These are complex cases with issues governed by the Federal Tort Claims Act (FTCA). This act allows civilians to file a wrongful death lawsuit against the government. The Feres Doctrine significantly limits active-duty military personnel’s ability to sue the government for service-related personal injury cases and wrongful death cases. However, the Richard Stayskal Medical Accountability Act has created limited exceptions for malpractice. Our San Antonio wrongful death lawyers understand how to demonstrate gross negligence.
Juvenile Facility Wrongful Death Claims in San Antonio
These wrongful death cases often result from excessive force, medical neglect, and failure to protect juveniles in correctional facilities. Loved ones can pursue wrongful death lawsuits under Section 1983. Our San Antonio wrongful death lawyers seek compensation for medical expenses, pain and suffering, and other damages.
San Antonio Children Killed in Public Schools or School Bus Accidents
Parents mourning the loss of their child because of the public school system seek children’s civil claims assistance in San Antonio from our attorneys. We’re adept at holding school districts and other negligent parties responsible. School districts are public entities. This requires a San Antonio wrongful death lawyer who understands government responsibilities and how to protect plaintiffs’ rights.
Electrocution and Flash Flood Death in San Antonio
For electrical accident claims in San Antonio, experienced attorneys must demonstrate that an owner, contractor, or utility company failed to maintain safety, resulting in a breach of duty under the National Electrical Safety Code.
San Antonio flash flood death cases require showing that the government or another party had a legal duty to anticipate risk, maintain drainage or barriers, issue timely warnings or evacuation plans, and that failure directly resulted in loss of life.
Fatal Government Motor Vehicle Accident, Public Transportation Accident, and Dangerous Road Conditions
Wrongful death lawsuits involving government vehicles, public transportation, and dangerous road conditions require proving that government entities breached their duty of care through inadequate maintenance, ineffective training, or failure to address hazards. A San Antonio wrongful death lawyer can use evidence to show that entities had notice and failed to remedy it.
Filing a Wrongful Death Lawsuit in San Antonio
For success in filing a wrongful death lawsuit in Texas, the legal process begins with proving that someone else’s negligence was the reason the person died. A wrongful death lawyer must offer proof that the responsible party owed a duty of care, that the duty was breached, and that this breach directly resulted in their death. The lawsuit can seek compensation for damages, including medical expenses, funeral expenses, lost wages, lost earning capacity, and emotional suffering. Working with a skilled fatal personal injury lawyer in San Antonio helps avoid missing deadlines and ensures that the claim is supported with strong evidence.
Wrongful Death Statute of Limitations Texas
| Category | Time Limit | Notes |
|---|---|---|
| Civil Claim | Two years from the date of death | Applies to most wrongful death claims under Texas law . Malpractice subject to 10-year statute of repose . |
| Minor Beneficiaries | Tolls until 18 | Paused until the child turns 18. |
| Fraudulent Concealment | Paused until discovery | Tolled if defendants conceal facts. |
| Discovery Rule | Rarely extends beyond two years | Applies if the cause of wrongful death could not reasonably be discovered. |
| Mental Incapacity | Tolled during incapacity | Pauses if a beneficiary is legally incapacitated. |
| Government Defendants | Two years from the date of death | Texas Tort Claims Act requires notice in 3–6 months. |
| FELA Claims | Three years from the date of death |
Texas Wrongful Death Damages Cap – Punitive Damages and Medical Malpractice
Texas damage caps depend on the defendant and case details. This only applies to non-economic losses. Monetary damages aren’t capped.
| Category | Non-Economic Damage Cap Amount |
|---|---|
| Medical Malpractice | $250,000/claimant against all providers + up to $250,000 against all institutions, totaling $500,000 against all institutions & healthcare professionals combined. |
| Punitive Damages (Code § 41.008) | Greater of: 2x economic damages + up to $750,000 non-economic damages, or $200,000. |
| Government Defendant | $250,000/person; $500,000/occurrence; $100,000/occurrence for property damage. |
| Charitable Immunity (Code § 84.006) | $500,000/person; $1,000,000/occurrence. |
Wrongful Death vs Survival Action Texas (Personal Injury Case)
The difference in wrongful death and survival claim in Texas lies in who is compensated and the possible damages.
| Feature | Wrongful Death Claim | Survival Claim |
|---|---|---|
| Claimant | Surviving spouse, children, or parents | Estate's personal representative, executor, or heirs ( Code § 71.021 ) |
| Purpose | Compensates for damages caused by the family member’s death | Continues the personal injury claim as if the decedent had survived |
| Damages Available | Mental anguish, loss of companionship, financial support, and inheritance | Medical expenses, lost income, pain, and suffering before the person’s death |
| Beneficiaries | Surviving spouse, children, or parents | Paid to the deceased person’s estate representative, distributed to heirs under Texas will or intestacy laws |
Surviving family members often file wrongful death claims and survival claims together. This covers both the deceased person’s losses before dying and recovers compensation for expenses stemming from the deceased family member’s death.
Why Choose Our San Antonio Wrongful Death Law Firm
Proving Someone Else's Negligence Caused the Death
The legal process of proving negligence requires establishing four critical elements:
- The defendant owed a duty of care to your loved one,
- that they breached this duty through their actions or inactions,
- that this breach directly caused the fatal incident, and
- your family suffered damages as a result.
Our San Antonio wrongful death lawyers investigate, hire expert witnesses, and use our legal understanding to build strong cases on behalf of family members. We demonstrate how the defendant’s negligence resulted in the loss of life.
We gather crucial evidence, including medical records, witness statements, surveillance footage, and physical evidence, to secure settlements and court awards.
Dealing with Insurance Companies
Insurance companies often work to minimize settlement offers. Our San Antonio wrongful death law firm has extensive experience negotiating with insurers and advocating for fair damages. When insurance companies refuse to offer reasonable settlements, we are prepared to take your case to trial, where our court experience and relationships with local judges and juries can be invaluable in securing the settlement you deserve.
Maximum Compensation For San Antonio Wrongful Death Claims
Texas allows families to recover several forms of damages. Monetary damages include medical costs, funeral service and burial expenses, loss of income, the deceased’s earning potential, and the value of household services. Non-economic losses cover the loss of companionship, guidance, protection, and emotional support that spouses, children, and parents have suffered. Our San Antonio wrongful death lawyers are skilled at calculating full values, considering your loved one’s age, health, education, career trajectory, and other factors.
In cases involving gross negligence or intentional acts, our attorneys seek punitive or exemplary damages that are intended to punish the defendant and deter similar actions in the future.
Contact an Experienced Wrongful Death Attorney in San Antonio For a Free Case Evaluation
At Janicek Law, we know the pain you carry after losing a loved one. Our San Antonio wrongful death lawyers are dedicated to guiding you through the legal process with compassion and advocacy. We handle cases on a contingency fee basis. This means you pay nothing unless we recover for you. Call 210-366-4949 or use our contact page for a free consultation.
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