Hays County, TX · Free Consultation
San Marcos, TX Wrongful Death Lawyer
Holding the right party accountable after a negligent death is rarely simple — and defendants often try to shift the blame. If your family lost someone in San Marcos, SMB Law, PC builds the case carefully so the responsible party cannot escape it. A determined San Marcos wrongful death lawyer anticipates the blame-shifting defendants attempt and closes off those escapes early. Shane has been licensed since 2003 and personally builds each case so accountability holds.
San Marcos wrongful death cases frequently follow crashes on the busy I-35 corridor or other preventable incidents, where establishing exactly who was at fault takes real investigation.
Where a San Marcos wrongful death case is filed
San Marcos is the Hays County seat, so a wrongful death suit is filed with the Hays County District Clerk at the Government Center on South Stagecoach Trail. Handling the case in your home county keeps hearings close.
Proving fault and proportionate responsibility
Proving who was responsible is the heart of a San Marcos wrongful death case. Texas uses proportionate responsibility, so if the person who died is found partly at fault, the recovery is reduced by that share — and defendants routinely argue exactly that to limit what they pay. Building the liability case carefully is essential. The claim belongs to the surviving spouse, children, and parents, with a separate survival claim for the estate, generally filed within two years.
Working with us from San Marcos
Our office is about 30 miles north in downtown Austin, a 35-to-45-minute drive up I-35. Because that is a real commute, we handle these cases by phone and video and come to you when it helps.
At SMB Law, PC you work directly with attorney Shane M. Boasberg, who has represented Texans for more than two decades. We explain things in plain English, give you a plan instead of more stress, and keep you informed from your first confidential consultation through final resolution.
Why families choose SMB Law, PC
- Direct attorney access — you talk to Shane, licensed since 2003, not a call center.
- Honest advice — if a fight is not worth the cost, we say so.
- Transparent fees explained before you commit.
What working with us looks like
- Confidential consultation to understand your goals and the law that applies.
- Strategy and records tailored to your situation.
- Negotiation or court — we settle when we can and litigate when we must.
- Resolution implemented correctly so you can move on.
When I-35 takes a life
The corridor’s speed and freight volume make Hays County fatalities disproportionately highway cases: TxDPS reconstruction, commercial defendants, and a family facing a machine built to minimize what it pays.
Texas law provides the wrongful-death claim for the spouse, children, and parents, and a survival claim for the estate. Hays County cases are heard in San Marcos; both claims generally carry a two-year deadline, but the reconstruction evidence cannot wait.
If your San Marcos case involves more than one vehicle or victim, we also handle being hit by a car, a trucking accident case, and motorcycle collision claims — see how we handle wrongful death cases for how we work.
Frequently asked questions
Can parents bring a wrongful-death claim for an adult child killed near San Marcos?
Yes. Texas allows parents to bring the claim regardless of the child’s age — a question that matters in a college town, and one we handle with the care it deserves.
What if my loved one was partly at fault?
Texas reduces the recovery by the deceased’s share of fault rather than barring it, unless that share exceeds 50%. Defendants often exaggerate it, which is why building the liability case matters.
Who can bring the claim in San Marcos?
The surviving spouse, children, and parents, together or individually, with a separate survival claim available for the estate.
Do I need to come to Austin from San Marcos?
No. Our office is about 30 miles north on I-35, and we handle consultations and updates by phone and video.