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Wrongful Death

San Antonio Wrongful Death Attorney

Losing a loved one because of someone else’s negligence is devastating, and no legal action can undo that loss. Moshko Law Firm helps San Antonio families pursue accountability and financial support during an incredibly difficult time, handling the legal process so your family can focus on healing.

Who can file a wrongful death claim in Texas:

Under Texas law, a wrongful death claim can generally be filed by the deceased person’s surviving spouse, children, and parents. If none of these family members files within three months of the death, the personal representative of the estate may generally file the claim instead, unless the surviving family specifically requests otherwise. A separate “survival” claim may also be available through the deceased person’s estate for damages between the time of injury and death.

How we help:

  • Investigating the circumstances of your loved one's death
  • Identifying all liable parties
  • Pursuing both wrongful death and survival claims where applicable
  • Handling cases involving car accidents, truck accidents, workplace incidents, and other negligence

Why choose Moshko Law Firm:

  • You pay nothing unless we win
  • Bilingual attorney — Se habla español
  • Evening and weekend appointments
  • Free consultation to review your case

Frequently Asked Questions

How long do we have to file a wrongful death claim in Texas?
Generally, a wrongful death claim must be filed within two years of the date of death (not the date of the underlying accident or injury), under Texas Civil Practice and Remedies Code § 16.003.
Typically the surviving spouse, children, and parents of the deceased. If none of them files within three months of the death, the estate’s personal representative may generally step in, unless the family specifically objects.
A wrongful death claim compensates surviving family members for their own losses (such as loss of companionship and financial support). A survival claim, brought through the estate, compensates for damages the deceased person could have claimed had they survived, such as pain and suffering or medical bills between the injury and death.
Generally, Texas does not cap damages in standard wrongful death cases, though claims involving medical malpractice are subject to separate statutory damage caps under Texas law.

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