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San Antonio, TX

San Antonio Wrongful Death Lawyers

Fighting For Those Who Have Lost Loved Ones Due to Negligence in Texas

If you believe your loved one died based on another party's wrongful conduct, then you can and absolutely should consult our firm. All consultations are free and confidential. Thomas G. Kemmy is Board Certified in Personal Injury Trial Law and has nearly 40 years of experience in handling wrongful death cases. The Kemmy Law Firm, P.C., understands the difficulties surrounding your loss, and we will offer our support however we can, along with our commitment to fight for the most just and fair result allowed under the law.

Call Kemmy Law Firm, P.C., today at (830) 264-6297 or contact us online to schedule a consultation with our wrongful death attorney in San Antonio.

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  • By submitting, you agree to receive text messages from Kemmy Law Firm, P.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
The Kemmy Difference

We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client. 

What is Wrongful Death?

Under Texas law, a wrongful death occurs when a person is killed due to another party’s negligence, carelessness, unskillfulness, or wrongful act. In simple terms, it is a preventable death caused by misconduct. Wrongful death claims are civil lawsuits that allow surviving family members to hold responsible parties financially accountable.

Common incidents that lead to wrongful death cases in San Antonio include:

If the death would not have occurred without another person or company’s negligence, your family may have the right to file a wrongful death claim.

  • $19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
  • $9.1 MILLION Young mother suffers a Wernicke's Brain Injury
  • $8 MILLION Young College Student suffers Wernicke's Brain Injury

 

Texas Wrongful Death Laws

Texas has specific statutes that govern who can file a wrongful death claim, what damages are available, and how long families have to take legal action. These laws can be complex, which is why working with a knowledgeable San Antonio wrongful death lawyer is essential.

Texas Statute of Limitations

In most cases, families have two years from the date of death to file a wrongful death lawsuit. Missing this deadline typically means losing the right to pursue compensation.

Survival Actions vs. Wrongful Death Claims

Texas allows two types of legal actions after a death:

  1. Wrongful Death Claim: Filed by surviving family members to recover damages they personally suffered as a result of the loss.
  2. Survival Action: Filed on behalf of the estate to recover damages the deceased would have been entitled to had they survived (such as medical bills, pain, and suffering).

Many families pursue both claims simultaneously.

Standard of Proof

To win a wrongful death case, the family must demonstrate that:

  • The defendant had a duty of care
  • The defendant breached that duty
  • The breach directly caused the death

Our legal team works to gather evidence, consult with experts, and build a strong case on your behalf.

Who Can File a Wrongful Death Lawsuit?

Texas law limits who is allowed to file. Those eligible include:

  • Spouse: A surviving spouse—whether married at the time of the incident or separated—may file.
  • Children: Biological and legally adopted children may bring a claim.
  • Parents: Biological and adoptive parents are also permitted to file.

If none of these family members file within three months of the death, the executor of the estate may file, unless the eligible family explicitly requests otherwise.

Siblings, grandparents, and other relatives cannot file wrongful death claims in Texas, even if they were financially dependent on the deceased.

Compensation for Wrongful Death

The purpose of a wrongful death claim is not to put a price on a life—nothing can. Instead, compensation helps relieve financial burden and hold negligent parties accountable.

Families may recover damages such as:

Economic Damages

  • Lost earning capacity
  • Loss of financial support and inheritance
  • Medical expenses leading up to the death
  • Funeral and burial costs

Non-Economic Damages

  • Loss of companionship, love, and emotional support
  • Mental anguish suffered by surviving family members
  • Loss of care, guidance, and household services

Punitive Damages

In cases involving gross negligence or intentional wrongdoing, families may also pursue punitive damages to punish the wrongdoer.

At Kemmy Law Firm, P.C., we fight to ensure families receive the full value of their claim by consulting financial experts, economists, medical professionals, and accident reconstruction specialists.

We Know the Stakes Trust Us To Make a Meaningful Difference

All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.

Wrongful Death FAQs

How long does a wrongful death case take?

The timeline depends on the complexity of the case, availability of evidence, negotiations with insurance companies, and whether the case goes to trial. Some cases resolve in months, while others may take longer to ensure full compensation.

Do wrongful death cases always go to trial?

No. Many cases settle outside of court. However, our firm is fully prepared to take your case to trial if the insurance company refuses to offer a fair settlement.

How much is a wrongful death case worth?

The value depends on factors such as the deceased’s age, income, the circumstances of the incident, and the emotional and financial impact on the family.

What evidence do we need?

Helpful evidence may include accident reports, medical records, witness statements, photographs, video footage, expert testimony, and financial documentation.

How much does a San Antonio wrongful death lawyer cost?

Kemmy Law Firm, P.C. handles wrongful death cases on a contingency fee, meaning you pay nothing unless we win compensation for your family.

How Our Approach to Trial Advocacy Serves Our Clients 

Trial is often daunting for the injured plaintiff. In the past three decades, insurance companies and big corporate interests have spent billions on a remarkable propaganda campaign against injured people and the lawyers that represent them. This campaign has been so effective that across the country, jurors view personal injury cases, and the lawyers who bring them, with suspicion or even hostility.

However, at the Kemmy Law Firm, our decades of trial experience have proven that when we show juries that a violation of basic community safety rules has caused unnecessary harm to a person in their community, the jury will often respond with a just and fair verdict. That is why, even though most cases settle, we develop each claim as if it will go to trial.

We work to uncover the full story: what safety rules were broken? By whom? And how was the client harmed as a result?

Contact Our Wrongful Death Attorneys in San Antonio Today

Our team has decades of trial experience. For over 30 years, Tom Kemmy has successfully represented injured individuals and families who have lost life and limb, as well as small business owners cheated out of money. He is a board-certified trial lawyer. Nicholas Kemmy and Jacob Kemmy are former prosecutors for Bexar County and have tried dozens of cases to juries. Ben Kemmy has first-chaired civil jury trials across Texas: from Houston to San Antonio, from Dallas to Brownsville. Danny Kemmy has done trial work from the time he became licensed, including giving the opening statement and participating in a two-week trial that resulted in a 14-million-dollar verdict.

We believe our successes over the years are the result of our collective experience – and our team approach that prepares each claim for trial even if it is likely to settle.

Contact Kemmy Law Firm, P.C., at (830) 264-6297 to get started with our San Antonio wrongful death lawyers. 

  • "They made a significant recovery for me."

    My husband was injured in a workplace accident in 2022. The first law firm he went to looked at his case and turned it down. he had all but decided to give up when he called the Kemmy's. They took his case and ran with it. In the end, they made a significant recovery for me. I highly recommend the Kemmy Law Firm.

    - Anna O.
  • "I would recommend the Kemmy Law Firm 100 times out of 100."

    We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.

    - Iaz P.
  • "I wholeheartedly endorse Kemmy Law without reservation."
    Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.
    - Jerry G.
  • "Not only were they my lawyers they became like family."
    I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm
    - Jeremiah L.
  • "Showed a deep understanding of my personal situation and demonstrated empathy."

    Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .

    - Jim P.
  • "Nick was very open and transparent."

    Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.

    - Richard G.
  • "They were so patient and explained everything in detail."

    Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.

    - Dora M.
  • "Very easy to talk to, sincerely cared about my situation."
    I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!
    - Holly O.

    Let Our Family Protect Yours

    When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience.

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    • By submitting, you agree to receive text messages from Kemmy Law Firm, P.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy