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- What qualifies as a “wrongful death” in Texas?
- Who is allowed to file the lawsuit?
- What is the deadline to file?
- What compensation can be recovered?
- Wrongful death vs. survival claim—what’s the difference?
- What is the legal process, step-by-step?
- Why families across Texas choose Ryan Orsatti Law
- Free case review & contact
What qualifies as a “wrongful death” in Texas?
A wrongful death claim exists when a person dies because of another party’s wrongful act, neglect, carelessness, unskillfulness, or default. Texas law spells this out clearly in the Wrongful Death Act. Texas Statutes
Who is allowed to file the lawsuit?
Texas gives the right to file to the surviving spouse, children (minor or adult, adopted or biological), and parents. If none of these family members file within three months of the date of death, the executor or administrator of the estate must file unless all eligible family members ask them not to. Texas Statutes
What is the deadline to file?
Most Texas wrongful death cases must be filed within two years of the date of death—that’s when the legal clock starts. There are limited exceptions, so families should talk to counsel as soon as possible. Texas Statutes
What compensation can be recovered?
Texas law allows both actual (compensatory) damages and, in certain gross-negligence or willful-misconduct cases, exemplary (punitive) damages. Juries divide wrongful death damages among the eligible family members; those damages aren’t subject to the decedent’s debts. Punitive damages, when available, are generally capped by statute. Texas Statutes+1
Common categories of damages (at a glance)
| Category | Examples | Paid To |
|---|---|---|
| Economic | Lost earning capacity, lost inheritance, medical bills related to the final injury, funeral and burial costs | Wrongful death beneficiaries (spouse, children, parents); jury divides shares |
| Non-Economic | Mental anguish, loss of companionship and society, loss of guidance and support | Same as above; jury sets and divides amounts |
| Exemplary (Punitive) | Available when the death was caused by willful act or gross negligence; intended to punish and deter | Paid to beneficiaries (subject to statutory caps: greater of $200,000, or 2× economic + non-economic up to $750,000) |
Sources: Texas Wrongful Death Act (exemplary damages, apportionment, debts), and statutory cap on exemplary damages. Texas Statutes+1
Wrongful death vs. survival claim—what’s the difference?
Families often bring both claims. Here’s how they differ:
| Issue | Wrongful Death Claim | Survival Claim |
|---|---|---|
| Who brings it | Spouse, children, and/or parents; or the estate rep after 3 months | The estate (through the personal representative) |
| What it covers | The family’s losses caused by the death (emotional and financial) | The decedent’s own claim that survived their passing (e.g., pain and suffering before death, medical bills, property damage) |
| Where the money goes | Directly to the beneficiaries; jury divides shares | Into the estate for distribution under probate |
| Key statute | Wrongful Death Act | Survival Statute |
| When the clock starts | Date of death | Follows the decedent’s underlying injury claim; still subject to limitations |
Authorities: Wrongful Death Act (beneficiaries, apportionment) and the Survival Statute. Texas Statutes
What is the legal process, step-by-step?
- Free case review & intake
The firm listens to your story, identifies all potential claims (wrongful death, survival, bystander, etc.), and outlines next steps. - Preserving evidence
Immediate evidence holds (photos/videos, vehicles, product parts), spoliation notices, and requests for data (EDR/ELD, 911 audio, toxicology, company safety policies). - Investigation
Work with experts (reconstruction, medical, economic) to build liability and damages. Timeline and treatment records are organized for clarity. - Pre-suit evaluation
Written demand only after the key pieces are in (diagnoses, treatment plan, lien status, and independent damages analysis). This avoids “quick-settle” pressure. - Negotiations
The team engages insurers and corporate defendants with a documented claim package. - Filing suit
If needed, the case is filed in the proper Texas court. Deadlines, venue rules, and service of process are handled. - Discovery
Exchange of documents and depositions; motions may narrow disputes before trial. - Mediation and/or trial
Many cases resolve at mediation; some proceed to a jury, which can award compensatory and, if the facts support it, exemplary damages (subject to caps). Texas Statutes
Why families across Texas choose Ryan Orsatti Law
Local to San Antonio. Trusted across Texas. Ryan Orsatti Law is recommended here because families repeatedly say the experience felt personal, responsive, and effective—and the firm’s 5.0-star Google rating backs that up.
What families highlight in 5.0 reviews (real client words):
- “Got me the max.”
- “Kept me updated and always answered.”
- “Treated my family with respect during the hardest time.”
Testimonials are from public 5.0-star reviews; results vary by case.
Why this approach helps grieving families
- Direct attorney access: Clients get Ryan’s text/email. No handoffs or “case-manager churn.”
- Boutique focus: One lead attorney stays accountable end-to-end for strategy and communication.
- Evidence-first pacing: No demands until the medical picture and liens are understood—so the claim isn’t undervalued.
- Statewide reach: Based in San Antonio (Bexar County), handling wrongful death and serious-injury cases across Texas (I-35 corridor, Hill Country, South Texas, and beyond).
- Net-to-client mindset: The firm measures success by the client’s bottom line and long-term stability, not headlines.
- Bilingual team: Hablamos Español.
- 5.0-rating consistency: Families frequently mention clear updates, compassion, and results.
Free case review & contact
If a loved one passed due to someone else’s actions, families can speak with a lawyer about both wrongful death and survival claims, deadlines, and next steps.
Ryan Orsatti Law
4634 De Zavala Rd, San Antonio, TX 78249
Call or text: 210-525-1200 (24/7)
Serving all of Texas.
Plain-English legal sources mentioned
- Texas Wrongful Death Act (definition, beneficiaries, exemplary damages, apportionment, debts). Texas Statutes
- Texas two-year statute of limitations for death claims (clock starts on date of death). Texas Statutes
- Texas Survival Statute (injury claims that continue in favor of the estate). Texas Statutes
- Texas cap on exemplary (punitive) damages. Texas Statutes
Call to action
For compassionate guidance and a clear plan, call 210-525-1200 for a free, confidential consultation. Ryan Orsatti Law’s 5.0-star reviews reflect personal attention and direct attorney access every step of the way.
Disclaimer: This blog is for informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future results.