Losing someone in San Antonio: what families can do, and finding a wrongful death attorney

Last checked November 8, 2026

We are sorry for your loss. In Texas, the surviving spouse, children and parents may bring a wrongful death claim,1 generally within 2 years of the death.2 In San Antonio, the Bexar County Medical Examiner handles sudden or violent deaths,3 and the City Clerk issues death certificates.4 There is no need to decide everything today.

See if you are owed money

$0 upfront. No fee unless you win.
Road map of San Antonio showing Louis Pasteur Drive, where the Bexar County Medical Examiner's Office is located
Texas wrongful death suits generally must be filed within 2 years. Map data © OpenStreetMap contributors.

What should a family do first after a death in San Antonio?

Take the first days slowly. Nothing about a legal claim has to happen this week, except saving what might be lost. If a friend or relative can help with paperwork, let them.

  1. If the death was sudden or from a crash, the Medical Examiner may be involved. Families with questions about what happens next can call 210-335-4011.5
  2. Keep any letters, phone messages, photos and belongings from the day it happened.
  3. Write down the names of anyone who was there or who called you.
  4. If an insurer calls, you may say you are not ready to talk. You do not have to give a statement.
  5. When you are ready, order several copies of the death certificate.4

Help is available if someone was charged. The SAPD Victims Advocacy line is 210-207-2141.6 The Bexar County District Attorney's Victim Assistance staff, at 210-335-2105, can keep you informed about a criminal case and can assist in Spanish.7

How do I get an autopsy report or death certificate in San Antonio?

RecordWhereWhat to expect
Death certificateOffice of the City Clerk, 719 S. Santa Rosa, or online8$21 for the first copy and $4 for each extra copy in the same order4
Autopsy reportBexar County Medical Examiner, 7337 Louis Pasteur Drive9Usually at least 12 weeks. Requests cannot be accepted for open cases before then10
Certified autopsy reportSame office$25 for a report and $35 certified11
Crash reportSAPD Records or TxDOT$6, and TxDOT charges $8 for certified1213

Death certificates have restricted access for 25 years.14 A spouse, parent, child or sibling must bring proof of the relationship, such as a marriage license or birth certificate.14 The City Clerk's office is open Monday to Friday from 8 a.m. to 4 p.m., and its phone is 210-207-7253.15

Twelve weeks can feel very long. If a case has law enforcement interest, the Medical Examiner sends it to the District Attorney's Office for review before releasing records, so it may take longer.10 A lawyer can make these requests for you.

Who can file a wrongful death claim in San Antonio?

Texas keeps this to a short list. The claim belongs to the surviving spouse, children and parents, and one of them can file for all of them.1 Brothers and sisters are not on that list. If the family has not filed within three months, the executor or administrator must file unless all of them ask not to.16

A second claim may also exist. The injury claim your loved one had before dying passes to the heirs, legal representatives and the estate.17 This one can reach medical bills and pain before death. If an estate needs to be opened, the Bexar County Clerk's Probate Department can be reached at 210-335-2241.18

When is a death in San Antonio a wrongful death?

A person or company can be sued if a wrongful act or carelessness by them or their workers caused a death.19 Extra damages meant to punish may be available if the death came from a willful act or gross negligence.20

Many families come to this after a crash. TxDOT recorded 167 traffic deaths inside the city in 2025.21 In the San Antonio area, the city cited 83 pedestrian deaths in a single year.22 If your family's loss happened this way, the SAPD Traffic Investigations Detail investigates intoxication manslaughter and failure to stop and render aid.23 You are welcome to ask them who is handling the case at 210-207-7385.24

If a crime caused the death, a state fund may help with funeral costs and lost wages. The District Attorney's Office can help you apply.25 The program can cover costs up to $50,000.26

How long does a family have to file in San Antonio?

Generally two years from the date of death.2 It can feel unkind to think about dates during grief, but public agencies move faster. If a City of San Antonio vehicle or property was involved, the charter requires written notice within 90 days after the injury.27 Claims involving VIA or a utility go to that agency.28 State law gives most public bodies six months.29 A family member can ask a lawyer to check these dates without committing to anything.

If a case is filed, it may go to the Bexar County District Clerk at the Paul Elizondo Tower, 101 W. Nueva, Suite 217.30

What should we ask a wrongful death attorney in San Antonio?

  • Have you handled wrongful death cases in Bexar County?31
  • Who in our family should be the one to file?
  • Will you request the autopsy, crash report and other records for us?
  • How do you charge, and what happens if there is no recovery?
  • How will you keep the family informed, and in what language?

It is fine to speak with more than one lawyer, and it is fine to take your time before you choose.

Questions

How long do we have to file a wrongful death claim in San Antonio?

Generally 2 years from the date of death.2 A claim against the City of San Antonio needs written notice within 90 days.27

Who can sue for wrongful death in Texas?

The surviving spouse, children and parents.1

How long does an autopsy report take in Bexar County?

Usually at least 12 weeks, and some cases take longer.10

Where do I get a death certificate in San Antonio?

From the Office of the City Clerk at 719 S. Santa Rosa or online.8 The first copy costs $21.4

Find out if you are owed money.

A free case review. $0 upfront. No fee unless you win.

See if I’m owed money

Keep reading

San Antonio

Wrongful death

Texas

Sources

  1. Tex. Civ. Prac. & Rem. Code § 71.004(a)-(b), checked 2026-11-08. “An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. (b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.”
  2. Tex. Civ. Prac. & Rem. Code § 16.003(b), checked 2026-11-08. “A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”
  3. Bexar County Medical Examiner's Office, checked 2026-11-08. “investigate the deaths of all individuals in Bexar County who die suddenly, violently, and unexpectedly”
  4. City of San Antonio, Office of the City Clerk, Death Certificate, checked 2026-11-08. “The first copy of a death certificate costs $21.”
  5. Bexar County Medical Examiner's Office, checked 2026-11-08. “please contact us directly at 210-335-4011”
  6. SAPD, Contact & Connect, checked 2026-11-08. “Victims Advocacy : 210-207-2141”
  7. Bexar County District Attorney, Victim Assistance, checked 2026-11-08. “The Victim Assistance Division may be contacted at 210-335-2105.”
  8. City of San Antonio, Office of the City Clerk, Death Certificate, checked 2026-11-08. “719 S. Santa Rosa”
  9. Bexar County Medical Examiner, Requesting Records, checked 2026-11-08. “7337 Louis Pasteur Drive”
  10. Bexar County Medical Examiner, Requesting Records, checked 2026-11-08. “It usually takes a minimum of 12 weeks to complete a report”
  11. Bexar County Medical Examiner, Fee Schedule, checked 2026-11-08. “Reports (Autopsy & Toxicology in accordance with HS Title 8, Chapter 671.013 ©(1)) | $25.00 | | 1002 | Certified Reports | $35.00 |”
  12. City of San Antonio, Police Open Records Requests, checked 2026-11-08. “Accident Reports | $6”
  13. TxDOT, Crash reports and records, checked 2026-11-08. “$6 for a regular copy. $8 for a certified copy”
  14. City of San Antonio, Office of the City Clerk, Death Certificate, checked 2026-11-08. “Death certificates are confidential records with restricted access until 25 years after the file date.”
  15. City of San Antonio, Office of the City Clerk, Death Certificate, checked 2026-11-08. “Monday - Friday: 8 a.m. - 4 p.m.”
  16. Tex. Civ. Prac. & Rem. Code § 71.004(c), checked 2026-11-08. “If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.”
  17. Tex. Civ. Prac. & Rem. Code § 71.021(b), checked 2026-11-08. “A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person.”
  18. Bexar County Clerk, Probate, checked 2026-11-08. “please call 210-335-2241”
  19. Tex. Civ. Prac. & Rem. Code § 71.002(b), checked 2026-11-08. “A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.”
  20. Tex. Civ. Prac. & Rem. Code § 71.009, checked 2026-11-08. “When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.”
  21. TxDOT, 2025 Crashes and Injuries by City and Town, checked 2026-11-08. “SAN ANTONIO 159 167 494 579 5,851 8,034 4,888 8,202 23,857 65,326 2,050 10,657 37,299”
  22. City of San Antonio news release, November 17, 2025, checked 2026-11-08. “there were 769 traffic crashes involving pedestrians, resulting in 83 fatalities and 168 serious injuries”
  23. SAPD, Homicide & Assault, checked 2026-11-08. “Failure to Stop and Give Information (Hit and Run)”
  24. SAPD, Contact & Connect, checked 2026-11-08. “Traffic Investigations Detail (TID) : 210-207-7385”
  25. Bexar County District Attorney, Victim Assistance FAQ, checked 2026-11-08. “the DA’s Office can help you apply for benefits”
  26. Texas Attorney General, Crime Victims' Compensation Program Overview, checked 2026-11-08. “The CVC Program can help cover costs up to $50,000”
  27. San Antonio City Charter, Article XII, Sec. 150 (Municode), checked 2026-11-08. “notice in writing of such death, injury or destruction within ninety days after the injury has been sustained”
  28. City of San Antonio, Notice of Claim form, checked 2026-11-08. “No, you would need to file a claim with the corresponding entity.”
  29. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  30. Bexar County District Clerk, Administration, checked 2026-11-08. “Paul Elizondo Tower 101 W Nueva, Suite 217”
  31. Bexar County District Clerk, Administration, checked 2026-11-08. “accepts all new suits and subsequent filings for civil”

Editorial policy

See if I’m owed moneyNo fee unless you win
AccidentsCitiesStatesGuides
See if I’m owed money