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.
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.
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.