Get a free AI-powered estimate for your wrongful death case in San Marcos. Settlement ranges from $250,000 – $500,000 to $2,000,000 – $10,000,000+ based on Texas verdict data.
Get My Free Estimate →Wrongful Death cases are among the most common personal injury claims in the San Marcos area. If you or a loved one has been injured in a wrongful death in San Marcos or the surrounding Hays County area, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages under Texas law.
San Marcos residents frequently travel on I-35, SH-80, SH-123, and other major corridors in Hays County. If you are injured, major treatment facilities include Central Texas Medical Center. Personal injury lawsuits are filed in Hays County District Court.
| Severity Level | Typical Settlement Range |
|---|---|
| Minor Injury | $250,000 – $500,000 |
| Moderate Injury | $750,000 – $2,000,000 |
| Severe / Catastrophic | $2,000,000 – $10,000,000+ |
Statute of Limitations
2 years from the date of death
Comparative Fault
51% Bar Rule
The Texas Wrongful Death Act (Chapter 71) permits the spouse, children, and parents to file within 2 years of death. The survival action (§ 71.021) recovers the deceased's own damages before death. There are no caps on wrongful death compensatory damages except in medical malpractice (§ 74.301). Recoverable damages include loss of financial support, loss of companionship, mental anguish, loss of inheritance, and funeral expenses. Punitive damages under § 41.003 are available for gross negligence. Comparative fault (Chapter 33) applies — the deceased's fault reduces but does not eliminate the family's recovery (unless 51%+ at fault).
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