If you have lost someone in a Boerne or Kendall County accident caused by another party’s negligence, you do not have to face the legal process alone. A Boerne accident lawyer can help you understand your options and fight for fair compensation.
A wrongful death claim is a civil lawsuit that surviving family members can file when someone’s careless, reckless, or intentional conduct causes a fatal injury.
Under the Texas Wrongful Death Act (Tex. Civ. Prac. & Rem. Code Ch. 71), only a surviving spouse, children, or parents of the deceased may file a wrongful death claim. Siblings, grandparents, and other relatives do not have legal standing to bring a claim.
If you are considering your legal options, Lane Diamond Law offers free, confidential consultations. Call me at (210) 900-3259.
Wrongful Death Attorneys Serving Boerne
Lane Diamond Law represents Boerne and Kendall County families who have lost a loved one due to another party’s wrongful conduct. Chapter 71 establishes a specific legal process for surviving family members to seek compensation. As your Boerne wrongful death attorney, we guide you through it with personal attention at every stage.
Wrongful death cases differ from standard personal injury claims in ways that affect how your case is built from the beginning. The injured person is not available to describe what happened, so your attorney must reconstruct the events through accident reports, witness statements, medical records, and sometimes expert analysis.
Liability may involve multiple parties, and the damages you can recover are measured differently than in a case where the injured person survived. The sooner you talk to an attorney, the more evidence is available to build on.
Why Choose Lane Diamond?
- You Talk Directly to Your San Antonio Injury Lawyer; Not a Paralegal
- How We Help You Recover After a Car Accident in San Antonio
- What to Expect From Your San Antonio Car Wreck Case
- No Fee Unless We Win
Why Choose Lane Diamond Law for Your Wrongful Death Case
I provide personal legal representation on every wrongful death case I handle. When you call, you speak with me, and that does not change as your case moves forward. You will not be handed off to a junior associate or routed through a call center.
Most families we talk to are not thinking about lawsuits. They are thinking about the person they lost, and that is where we start too. We listen first, explain your options in plain terms, and answer your questions honestly.
One of the first things families ask is whether they can even afford an attorney right now. We operate on a contingency fee basis, so you pay nothing upfront and owe no legal fees unless we recover compensation for you.
A small caseload allows me to move faster on your case and keep you updated consistently. If you are ready to talk, call (210) 900-3259 for a free consultation.
Types of Cases We Handle in Boerne
Wrongful death claims in Boerne arise from several types of fatal accidents, each involving distinct liability questions, evidence requirements, potential defendants, and insurance complications. Lane Diamond Law handles cases across a wide range of circumstances, including:
- Car Wrecks: Fatal collisions caused by distracted, impaired, or reckless drivers remain one of the most common sources of wrongful death claims in Texas. Texas recorded 3,809 traffic fatalities statewide in 2025, continuing a steady decline from the 2021 peak. Rural two-lane highways, which connect much of Kendall County, carry disproportionate fatality rates compared to urban roads.
- Truck Accidents: Commercial vehicle crashes often involve catastrophic force, and liability may extend beyond the driver to the trucking company, maintenance provider, or cargo loader.
- Motorcycle and Pedestrian Accidents: Riders and pedestrians have almost no protection on impact. A collision that might be survivable in a passenger vehicle can turn fatal.
- Premises Liability: Fatal incidents caused by unsafe property conditions, including falls, structural failures, or inadequate security.
Whether you need a Boerne accident attorney after a fatal car wreck or a premises incident, the question is the same: did another party’s negligence cause the fatal injury.
Other Ways We Help Boerne Families
Lane Diamond Law also represents Boerne families in truck accident claims, motorcycle accident claims, pedestrian accident claims, and slip and fall claims.
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Our Wrongful Death Process
- Free Consultation: We start by listening. You tell us what happened, ask any questions you have, and we give you an honest assessment of whether you have a viable wrongful death claim.
- Investigation and Case Building: We gather accident reports, medical records, witness statements, and expert analysis to build the strongest possible case on your behalf.
- Negotiation and Recovery: We handle all communication with insurance companies and opposing counsel, fighting for full compensation so you can focus on your family.
- No Fee Unless We Win: You pay nothing upfront and owe no legal fees unless we recover compensation for you.
How Texas Law Affects Your Wrongful Death Case
Texas wrongful death claims are governed entirely by Chapter 71 of the Civil Practice and Remedies Code, commonly referred to as the Texas Wrongful Death Act. Under § 71.004(a), only three categories of people may file a wrongful death lawsuit: the surviving spouse, the children of the deceased, and the parents of the deceased.
Siblings, grandparents, and other extended family members cannot file, even if they were close to the deceased. Any eligible beneficiary may file on behalf of all, or all three categories may join together in a single action.
If no surviving spouse, child, or parent files within three months of the death, the estate’s executor or administrator must file on their behalf under § 71.004(c). The only exception is if every eligible beneficiary asks the executor not to proceed.
The statute of limitations under § 16.003(b) gives you two years from the date of death to file a wrongful death lawsuit. That deadline runs from the date your loved one passed, not the date of the accident that caused the injury.
Once that two-year window closes, Texas courts will generally bar you from pursuing any recovery, even if the underlying facts are strong.
How Does a Wrongful Death Claim Differ from a Survival Action?
A wrongful death claim compensates you for what you lost when your loved one died, while a survival action recovers what the deceased person personally endured before death. The two are legally distinct claims under Texas law, and most families pursue both at the same time.
The wrongful death claim belongs to you as a surviving family member. It covers the emotional, relational, and financial harm the death caused you.
A survival action, authorized under § 71.021, belongs to the deceased’s estate. It recovers the pain and suffering your loved one experienced between the injury and death, along with any medical bills and lost wages from that period.
One distinction that catches many families off guard involves creditor protection. Under § 71.011, wrongful death damages cannot be used to pay the deceased person’s debts. Creditors have no claim to that money.
Survival action proceeds work differently because they become part of the estate, and creditors may reach them before anything passes to you.
You should not have to read a statute to protect your family after losing someone. Attorney Lane Diamond can walk you through how both claims apply to your situation.
Frequently Asked Questions About Wrongful Death in Boerne
These are questions that come up in almost every first conversation when a Boerne family calls a wrongful death attorney about a potential claim.
Filing Eligibility in Texas
The three categories of eligible beneficiaries covered above (surviving spouse, children, and parents) are defined more specifically than many families expect. A surviving spouse includes a common-law spouse if the marriage meets Texas legal requirements, but does not include a former spouse or an unmarried domestic partner.
Stepchildren and stepparents may qualify, but only if a legal adoption was completed before the death. Each eligible family member may file individually, or all qualifying beneficiaries may join in a single lawsuit. The court divides any damages among them based on each person’s proven losses.
Recoverable Compensation
Texas law allows surviving family members to recover both economic and non-economic damages in a wrongful death case. Economic damages may include lost earning capacity, loss of financial support, and funeral and burial expenses.
Non-economic damages cover the personal toll of your loss, including loss of companionship and society, mental anguish, and loss of care, guidance, and support that your loved one provided.
Texas does not cap compensatory damages in wrongful death cases outside of medical malpractice claims. The jury is responsible for dividing the total award among eligible beneficiaries based on each person’s individual losses.
Filing Deadline
You have two years from the date of your loved one’s death to file a wrongful death claim in Texas under § 16.003(b). This deadline begins on the date of death, which may be different from the date of the accident if your family member survived for a period after the injury.
Once the two-year window passes, Texas courts will generally refuse to hear your case. Starting the process early also helps preserve evidence that can strengthen your claim, including witness testimony, medical records, accident reconstruction data, and physical evidence from the scene.
Exemplary Damages
Texas allows exemplary damages, sometimes called punitive damages, in wrongful death cases where the defendant’s conduct involved a willful act, omission, or gross negligence. Under § 71.009, these damages go beyond compensating you and are meant to hold the defendant accountable for especially reckless behavior.
One important limitation under the Texas Constitution (Art. XVI, § 26) is that surviving parents are not eligible to recover exemplary damages, even though they qualify as wrongful death beneficiaries for all other damage categories. Exemplary damages are also subject to caps under § 41.008.
Kendall County Court Jurisdiction
Wrongful death cases involving incidents in Boerne or the surrounding area are typically filed in the Kendall County District Courts. The Kendall County Courthouse is located at 201 E. San Antonio Ave. in Boerne, Texas, and cases may be assigned to either the 216th or 451st Judicial District Court.
We serve Kendall County families from our San Antonio office at 3519 Paesanos Parkway, Suite 100A. There is no Boerne office, but Lane personally handles Kendall County wrongful death matters and is available for a free consultation at (210) 900-3259.
For more answers to common questions, visit our main FAQ page.
Talk to a San Antonio Car Accident Attorney Today
How Lane Diamond Law Can Help
If you are ready to talk to a Boerne wrongful death attorney after losing a loved one in Kendall County, I’m here to help. With over 20 years of experience and $6 million recovered for clients in 2026, I handle these cases personally, and you will never be passed to a paralegal or case manager.
We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Call me at (210) 900-3259 to schedule a free consultation and talk about your case.
