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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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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. 

A $19.4 Million Track Record in Wrongful Death Cases

The case results shown elsewhere on this page highlight our oil field and industrial litigation, but our wrongful death track record speaks for itself: Kemmy Law Firm secured a $19.4 million jury verdict for the wrongful death of a patient at a long-term care facility — one of the largest wrongful death verdicts our firm has obtained, and a reflection of what's possible when a case is built and tried by attorneys who refuse to settle for less than what a family is owed.

That result sits alongside more than $200 million recovered for clients across Texas and New Mexico, including an additional jury verdict where nurses failed to alert a doctor to a critical change in a patient's condition — a breakdown in care with the same root cause behind many of the wrongful death cases we handle.

  • $20 MILLION Oil and gas case involving significant economic harm
  • $4 MILLION Oil royalty payments recovered after they were paid out to the wrong party
  • $2.5 MILLION Wyoming oil field worker suffers catastrophic harm after fall from oil rig
  • $2.5 MILLION West Texas oil field worker suffers finger amputations
  • $2.2 MILLION Oil refinery injury ends Louisiana man's career

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.

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.

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.

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.

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Recognized for Excellence in Trial Law

Our attorneys have been recognized by Super Lawyers, AVVO, the Million Dollar Advocates Forum, and the Multi-Million Dollar Advocates Forum. Tom Kemmy's board certification in personal injury trial law is held by only a small percentage of practicing Texas attorneys, and it reflects the same rigorous trial preparation his sons have carried forward as first- and second-chair counsel in courtrooms across the state.

For a grieving family deciding who to trust with a wrongful death claim, that recognition isn't just a credential — it's a signal to the insurance company or defendant on the other side that this case will be prepared to go the distance.

Contact Our Wrongful Death Attorneys in San Antonio Today

Our team has decades of trial experience. For over 40 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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