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San Antonio Wrongful Death Lawyer

When someone you love is killed by another party’s negligence, you deserve a trial team willing to go to the courthouse and fight for full accountability. Wayne Wright LLP secured a $44.1 million jury verdict in a fatal commercial vehicle case — recognized among the Top 20 verdicts in Texas for 2025 — when the carrier refused to offer fair compensation. No fees unless we win.

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✓ $44.1M Wrongful Death Verdict — Top 20 Texas 2025 ✓ $500M+ Recovered ✓ No Fees Until We Win ✓ Available 24/7 ✓ Free Consultation
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San Antonio Wrongful Death Attorneys: What Texas Law Allows — and What It Takes to Win

A wrongful death claim in Texas allows the surviving spouse, children, and parents of a person killed by another party’s negligence to recover compensation for their losses under the Texas Wrongful Death Act (Texas Civil Practice & Remedies Code §71.001 et seq.). The Act is one of the most significant civil rights available to Texas families — but it is also one of the most aggressively defended. Insurance carriers and corporate defendants in wrongful death cases retain specialized defense teams from the moment a death is reported. The families who recover full value are the ones with attorneys who are prepared to take the case all the way to a Bexar County jury.

Wayne Wright LLP tried a fatal commercial vehicle case to a $44.1 million jury verdict — cited among the Top 20 verdicts in Texas for 2025 — after the carrier refused to offer fair compensation to the surviving family. That verdict is not a marketing claim. It is the documented result of a case that Wayne Wright prepared for trial, tried before a jury, and won when the carrier would not pay what the family was owed. It demonstrates, specifically and verifiably, that this firm will go to trial in a wrongful death case and win.

Wrongful death cases in San Antonio arise most commonly from commercial truck and semi-trailer crashes on IH-35, IH-10, and Loop 410; fatal car accidents involving drunk drivers or speeding; construction and industrial workplace fatalities; medical malpractice causing death; and defective products. Each cause of death involves a different set of defendants, different evidence, and different legal theories — but the core obligation is the same: investigate aggressively, preserve evidence before it disappears, and be willing to try the case when the defendant will not pay what the family deserves. Get a free, confidential wrongful death case evaluation →

Wayne Wright LLP’s San Antonio office is located at 5707 McDermott Fwy I-10. Wrongful death cases are filed in Bexar County District Court under the Texas Wrongful Death Act, and in federal court when defendants are subject to federal jurisdiction. The firm serves families throughout San Antonio, Bexar County, and surrounding communities including Boerne, New Braunfels, Schertz, Converse, Helotes, and Universal City.

• Results — Wrongful Death Cases

Wrongful Death Verdicts & Settlements

Wayne Wright LLP has recovered more than $500 million for Texas injury victims, including a $44.1 million jury verdict in a fatal commercial vehicle case. Past results do not guarantee future outcomes.

Free Case Review
Fatal Commercial Vehicle Wreck
$44.1
Million Jury verdict — cited among the Top 20 verdicts in Texas for 2025. Wayne Wright prosecuted to verdict when the carrier refused to offer fair compensation to the surviving family. The firm’s largest result and the clearest demonstration of what it means to have a trial team willing to go all the way.
Fatal Workplace Accident — Bexar County
$2.1M Fatal construction accident. Third-party general contractor held liable under Texas premises liability. Surviving spouse and children recovered under the Texas Wrongful Death Act and Texas Survival Statute at mediation after suit filed in Bexar County District Court.
Wrongful Death — Commercial Vehicle
$1.6M Fatal commercial vehicle collision on a Bexar County corridor. Driver’s Hours of Service violation documented through ELD records. Full wrongful death and survival claim recovery for the surviving family including loss of consortium and mental anguish damages.
Fatal DUI Crash — San Antonio
$875K Fatal drunk driving accident in Bexar County. Punitive damages sought and recovered under Texas gross negligence standard. Commercial dram shop liability established against the establishment that overserved the at-fault driver.
Medical Malpractice — Wrongful Death
$1.3M Failure to diagnose resulting in death. Expert medical testimony established causation. Survival statute claim for pre-death pain and suffering recovered alongside Texas Wrongful Death Act claim for surviving family members.

Past results do not guarantee future outcomes. Each case depends on its specific facts and applicable law.

• Texas Wrongful Death Law

The Texas Wrongful Death Act: What Surviving Families Need to Know

The Texas Wrongful Death Act is a specific statute that creates the right to sue and defines who may recover, what they can recover, and within what time frame. Understanding the Act is the foundation of every wrongful death case Wayne Wright handles in San Antonio.

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Who May File a Wrongful Death Claim in Texas

Under Texas Civil Practice & Remedies Code §71.004, the right to file a wrongful death claim belongs exclusively to the surviving spouse, children, and parents of the deceased. Adult children may file even if they were not financially dependent on the deceased. Parents may file even if the deceased was an adult. Siblings, grandchildren, and other relatives do not have standing to bring a wrongful death claim under the Texas statute — a limitation that is important to understand before filing.

If no eligible family member files within three calendar months of the death, the executor or administrator of the estate may file on behalf of the beneficiaries. This provision is particularly relevant when a death occurs without a surviving spouse or children, as the parents’ claim must be pursued within the two-year statute of limitations regardless of whether the estate representative acts. Wayne Wright identifies every eligible claimant and every potential beneficiary at the outset of every wrongful death case to ensure no claim is forfeited.

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Wrongful Death Damages: What Texas Law Allows

Texas does not cap wrongful death damages in most cases, which means the full economic and non-economic impact of the death is compensable at trial. The Texas Wrongful Death Act allows recovery for: pecuniary loss (loss of financial support the deceased would have provided); loss of companionship and society (the loss of the relationship itself, including love, comfort, advice, and emotional support); mental anguish suffered by surviving family members; loss of household services and contributions; and funeral and burial expenses.

The Texas Survival Statute (Tex. Civ. Prac. & Rem. Code §71.021) allows the estate to recover separately for the deceased’s own pre-death pain and suffering, medical expenses incurred between the injury and death, and lost wages from the time of injury to death. The survival claim is filed alongside the wrongful death claim and represents a separate category of recovery. In cases where the deceased survived for a period before dying — from hours to weeks — the survival claim can be substantial.

When the defendant’s conduct constitutes gross negligence under Texas law — defined as conscious indifference to the rights, safety, or welfare of others — punitive damages are available in addition to actual damages. Drunk driving cases, companies with documented safety violations they ignored, and defendants who destroyed evidence after a fatal incident frequently face punitive damages exposure in Bexar County courtrooms. Wayne Wright evaluates gross negligence potential in every wrongful death case.

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The Statute of Limitations — Two Years From the Date of Death

The statute of limitations for wrongful death in Texas is two years from the date of death under Texas Civil Practice & Remedies Code §71.002. This is a hard deadline — with limited exceptions, a wrongful death claim not filed within two years is permanently barred regardless of its merits. The discovery rule can extend this deadline when the cause of death was not immediately known (for example, in occupational disease or delayed-onset medical malpractice cases), but courts apply this exception narrowly.

When a government entity — a municipal bus, a state vehicle, or a government-employed healthcare provider — caused the death, the Texas Tort Claims Act imposes a six-month notice of claim requirement. Missing the Tort Claims Act notice deadline can permanently eliminate the claim against the government defendant. Wayne Wright identifies government entity involvement in every wrongful death case and files notice of claim immediately when required.

Two years sounds like a long time, but wrongful death cases require investigation that must begin long before the lawsuit is filed. Evidence preservation demands, subpoenas, expert retention, and the identification of all liable parties take months. Waiting until the statute is close to running almost always results in a weaker case than starting immediately. Call Wayne Wright on the day of or immediately after the loss.

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Common Causes of Wrongful Death in San Antonio & Bexar County

San Antonio’s geography, economy, and traffic patterns produce specific wrongful death patterns. The following are the most common causes Wayne Wright handles in Bexar County:

  • Semi-truck and commercial vehicle crashes — IH-35, IH-10, and Loop 410 carry more than 7,000 commercial trucks daily. Fatal crashes involving FMCSA violations, Hours of Service violations, and mechanical failures. Wayne Wright’s $44.1M verdict was a fatal commercial vehicle case. Truck accident claims →
  • Drunk and impaired driving — San Antonio consistently ranks among Texas cities with the highest DUI-related fatality rates. Dram shop liability against establishments that overserved the driver is available in addition to direct claims against the driver.
  • Construction and workplace fatalities — Fatal falls, struck-by incidents, electrocution, and equipment failures at San Antonio construction sites. Third-party claims against general contractors often available alongside workers’ comp death benefits. Workplace injury claims →
  • Medical malpractice — Failure to diagnose, surgical errors, anesthesia errors, and hospital negligence causing death. Expert causation testimony required. Two-year limitations with potential discovery rule extension. Medical malpractice claims →
  • Defective products — Vehicle defects, defective equipment, and dangerous consumer products causing fatal injuries. Product liability claims against manufacturers run parallel to negligence claims against other defendants.
  • Assisted living and nursing home negligence — Neglect, medication errors, fall prevention failures, and abuse in San Antonio area facilities. Wrongful death and survival claims against the facility and management company.
• Why Wayne Wright — Wrongful Death

Why San Antonio Families Choose Wayne Wright LLP

A wrongful death case is the most consequential litigation a family will ever face. The decision about which attorney to retain determines not just the outcome of the case but the family’s financial security for years to come. Wayne Wright LLP approaches wrongful death cases with a single standard: we prepare every case as if it will go to trial in Bexar County District Court, because the carriers and corporate defendants on the other side know which attorneys will actually try a wrongful death case in front of a jury — and they adjust their settlement offers accordingly.

The $44.1 million jury verdict Wayne Wright obtained in a fatal commercial vehicle case is not just the firm’s largest result. It is the specific, verifiable evidence of what happens when a carrier refuses to pay what a surviving family is owed. That case went to a Bexar County jury because the carrier would not settle for fair value. The jury returned one of the Top 20 verdicts in Texas for 2025. That outcome — and the carrier’s experience of going to trial against Wayne Wright and losing — is known throughout the commercial trucking insurance industry in Texas.

Harold T. McCall Jr. — former President of the San Antonio Trial Lawyers Association, Super Lawyers selection, and holder of a Certificate in Mass Tort-MDL Litigation from Duke University School of Law — brings the complex litigation expertise required when wrongful death cases involve multiple defendants, parallel criminal investigations, or defective product claims running alongside the personal injury lawsuit. His experience coordinating multi-party litigation in Bexar County is directly applicable to construction fatalities, industrial accidents, and pharmaceutical wrongful death cases where the opposing party is a large institution with substantial legal resources. Learn more about Harold McCall →

Wayne Wright LLP handles wrongful death cases on a full contingency basis — no upfront fees, no costs unless we recover compensation for your family. The initial consultation is free, confidential, and conducted directly with an attorney. Contact us today →

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No Fees Unless We Win

Wayne Wright LLP handles all wrongful death cases on contingency. No upfront fees, no costs to your family unless we recover compensation.

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Trial-Ready From Day One

We build every wrongful death case for trial. Carriers and corporate defendants settle more — and settle for more — when they know your attorney will not back down at the courthouse door.

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Bexar County District Court

Wayne Wright files wrongful death suits in Bexar County District Court and has the trial record in that courthouse to back it up.

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Available 24/7

Wrongful death cases require immediate action. Wayne Wright’s San Antonio team is available around the clock. Call 210-888-0078 at any hour.

Your San Antonio Wrongful Death Attorneys

Wayne Wright LLP’s trial team for wrongful death cases in Bexar County. View all attorney profiles →

Wayne Wright — Founding Attorney, Wayne Wright LLP

Wayne Wright

Founder — $44.1M Wrongful Death Verdict
$44.1M Jury Verdict — Fatal Commercial Vehicle Case National Trial Lawyers — Top 100 Multi-Million Dollar Advocates Forum Magna Cum Laude, 1st in Class — N. Illinois Univ. Law
AVVO Justia Texas Bar
View Full Bio →
Harold T. McCall Jr. — Complex Litigation, Wayne Wright LLP

Harold T. McCall Jr.

Partner — Mass Tort & Complex Litigation
Super Lawyers — Texas Duke Law — Mass Tort-MDL Certificate Former President, San Antonio Trial Lawyers Assoc.
Super Lawyers Justia Texas Bar
View Full Bio →
Wyatt Wright — Trucking & Catastrophic Injury, Wayne Wright LLP

Wyatt Wright

Partner — Trucking & Catastrophic Injury
Former Bexar County Police Officer — Master Peace Officer National Trial Lawyers — Top 100 Fatal Truck & Commercial Vehicle Specialist
Justia Natl Trial Lawyers Texas Bar
View Full Bio →

How Wayne Wright Handles Your Wrongful Death Case

Wrongful death cases require faster action than any other type of personal injury claim. Evidence disappears, government notice deadlines run, and the defendant’s team is already working. Here is exactly what Wayne Wright does from the first call forward.

1

Free Family Consultation — Same Day

We determine who has standing to file under the Texas Wrongful Death Act, identify the cause of death and every potentially liable party, evaluate all applicable insurance coverage, and assess punitive damages potential. No charge. The same day you call.

2

Immediate Evidence Preservation

Spoliation letters to every defendant within 24 hours. Subpoena of surveillance footage, vehicle data recorders, ELD records, maintenance logs, medical records, and any other evidence that may be destroyed or overwritten. In commercial vehicle cases, this process begins the same day we are retained.

3

Government Notice Filing (When Required)

When a government entity is involved, the Texas Tort Claims Act requires a written notice of claim within six months of the death. Missing this deadline permanently bars the claim against the government defendant. Wayne Wright files immediately when required.

4

Full Liability Investigation

Accident reconstruction, medical expert review, FMCSA compliance analysis, OSHA investigation, product defect analysis — whatever the cause of death requires. We identify every defendant and every available insurance policy before making any settlement demand.

5

Complete Damages Documentation

Vocational economists calculate lifetime financial support. Life care planners document future losses. Mental anguish and loss of companionship are documented through family testimony and psychological expert opinion. Survival claim damages are quantified separately from wrongful death damages.

6

Trial When the Defendant Won’t Pay

The $44.1M verdict was the result of a carrier refusing to pay fair value. Wayne Wright filed suit, prepared the case for trial, tried it before a Bexar County jury, and won. That is the process every wrongful death family deserves — and it is the standard we apply to every case we accept.

• Related Practice Areas

Related Claims Wayne Wright Handles in San Antonio

Wrongful death cases frequently involve overlapping legal theories. Wayne Wright evaluates every applicable claim simultaneously from the first consultation.

Free Case Review

Truck Accident Lawyer

Fatal semi-truck, 18-wheeler, and commercial vehicle crashes on IH-35, IH-10, and Loop 410. Wayne Wright’s $44.1M verdict was a fatal commercial vehicle case.

Truck Accident Claims → Semi-Truck Accidents →

Car Accident Lawyer

Fatal car accidents involving drunk drivers, speeding, and red-light runners in Bexar County. Dram shop liability available in alcohol-related fatalities.

Car Accident Claims →

Workplace Fatality

Fatal construction and industrial accidents in San Antonio. Workers’ comp death benefits plus parallel third-party wrongful death claims against contractors and manufacturers.

Workplace Fatality Claims →

Medical Malpractice

Wrongful death caused by surgical errors, misdiagnosis, anesthesia failures, and hospital negligence in San Antonio area medical facilities.

Medical Malpractice Claims →

Rideshare Accident

Fatal Uber and Lyft accidents in San Antonio. Three-tier insurance analysis determines which coverage applies based on the driver’s status at the time of the crash.

Rideshare Claims →

San Antonio Personal Injury

All personal injury and wrongful death practice areas handled by Wayne Wright LLP in San Antonio and Bexar County. Free consultation on any claim type.

All SA Practice Areas →
Wrongful Death FAQ — San Antonio

Texas Wrongful Death Questions Answered

Common questions from surviving families in San Antonio and Bexar County. Answers written by Wayne Wright LLP attorneys based on the Texas Wrongful Death Act and Texas trial practice.

Should I accept the insurance company’s early settlement offer after a wrongful death?→ How long do I have to file a wrongful death lawsuit in Texas?→ What if the driver who caused the fatal accident had no insurance?→
All San Antonio Injury FAQ →

Under Texas Civil Practice & Remedies Code §71.004, the right to file a wrongful death claim belongs exclusively to the surviving spouse, children, and parents of the deceased. Adult children may file even if they were financially independent. Parents may file even if the deceased was an adult. Siblings, grandchildren, and other relatives do not have standing under the Texas statute. If no eligible beneficiary files within three calendar months of the death, the executor or administrator of the estate may file on behalf of the beneficiaries. Wayne Wright identifies every eligible claimant at the outset of every wrongful death case.

The Texas Wrongful Death Act allows recovery for: pecuniary loss (financial support the deceased would have provided); loss of companionship and society; mental anguish suffered by surviving family members; loss of household services and contributions; and funeral and burial expenses. The Texas Survival Statute allows the estate to separately recover for the deceased’s pre-death pain and suffering, medical expenses between injury and death, and lost wages. When the defendant’s conduct constitutes gross negligence, punitive damages are also available. Texas does not cap wrongful death damages in most cases.

The statute of limitations for wrongful death in Texas is two years from the date of death under Texas Civil Practice & Remedies Code §71.002. This is a hard deadline — claims not filed within two years are permanently barred with limited exceptions. When a government entity is involved, the Texas Tort Claims Act requires a written notice of claim within six months of the death — missing this deadline eliminates the claim against the government defendant. Call Wayne Wright immediately after any fatal accident in San Antonio so these deadlines do not run.

A wrongful death claim (Texas Civil Practice & Remedies Code §71.001) is brought by surviving family members for their own losses — financial support, companionship, mental anguish. A survival claim (Texas Civil Practice & Remedies Code §71.021) is brought by the estate of the deceased and recovers for the deceased person’s own pre-death damages — the pain and suffering they experienced between the injury and death, their medical expenses during that period, and their lost wages. Both claims are filed in the same lawsuit and arise from the same negligent act. In cases where the deceased survived for a period before dying, the survival claim can be substantial. Wayne Wright files both claims simultaneously in every wrongful death case where both are available.

Yes. Punitive damages (called exemplary damages in Texas) are available in wrongful death cases when the defendant’s conduct constitutes gross negligence — defined under Texas Civil Practice & Remedies Code §41.001 as an act or omission involving conscious indifference to the rights, safety, or welfare of others. Common wrongful death scenarios that support punitive damages include: drunk driving fatalities, commercial carriers with documented safety violations they ignored, defendants who destroyed evidence after a fatal incident, and nursing facilities with a history of neglect. Punitive damages in Texas are capped at the greater of $200,000 or twice the economic damages plus up to $750,000 in non-economic damages. Wayne Wright evaluates gross negligence in every wrongful death case.

Wrongful death case values in Bexar County depend on the deceased’s age, earnings, and relationships; the surviving family members and their losses; the number and financial strength of the defendants; the availability of punitive damages; and the quality of the evidence. Wayne Wright’s $44.1 million jury verdict in a fatal commercial vehicle case demonstrates what is achievable when a case is fully prepared and tried before a jury. Cases involving younger victims with dependent children, multiple liable defendants with commercial insurance, and gross negligence potential are the highest-value wrongful death cases. Call Wayne Wright at 210-888-0078 for a free, confidential evaluation of your specific case.

San Antonio & Bexar County Wrongful Death Lawyers

Wayne Wright LLP is headquartered in San Antonio at 5707 McDermott Fwy I-10 and serves surviving families throughout Bexar County and surrounding communities.

San Antonio Boerne Helotes Converse Universal City Schertz Seguin New Braunfels San Marcos Leon Valley Cibolo Texas (Statewide) Austin El Paso

Lost a Family Member Due to Someone Else’s Negligence? Call Wayne Wright Now.

Wrongful death evidence disappears fast and Texas deadlines run fast. Wayne Wright’s San Antonio team is available 24 hours a day, 7 days a week. The consultation is free, confidential, and conducted directly with an attorney. You pay nothing unless we win.

Free Family Consultation 210-888-0078

The information on this page is for general educational purposes and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Past results do not guarantee future outcomes. Contact Wayne Wright LLP for a free, confidential consultation regarding your specific situation.