Wrongful Death Lawyer in Austin, TX

No settlement replaces what a family has lost. But Texas law does give surviving family members a path to hold a negligent party accountable, and pursuing it requires proving several specific legal elements before any recovery is possible. I handle every part of that process personally — investigating what happened, identifying every party who bears responsibility, and building the case — so your family can focus on each other instead of paperwork and insurance company phone calls.

This includes fatal crashes on Northwest Austin corridors like RR 620, RM 2222, and Loop 360, serving families in Lakeway, Westlake, Four Points, Far West, and Great Hills.

Who Can File a Wrongful Death Claim in Texas?

Under the Texas Wrongful Death Act, a claim can generally be brought by the surviving spouse, children, and parents of the deceased. The estate’s representative can also bring a related but separate survival action for damages the deceased could have claimed had they lived (medical expenses, pain and suffering before death, and lost earnings up to the date of death).

What Has to Be Proven

A wrongful death claim requires showing that the death was caused by another party’s wrongful act, negligence, carelessness, or default — the same underlying fault concepts as any personal injury claim, but with a higher emotional and evidentiary stake. Common causes we see include fatal car and truck accidents, premises liability incidents, and defective products. If the death involved a drunk driver who was served at a bar or restaurant, see my Austin dram shop lawyer page. If a worker was killed on a job site, see my Austin construction accident lawyer page. If the death followed a fire or explosion, see my Austin burn injury lawyer page. If it followed an ATV or off-road crash, see my Austin ATV accident lawyer page. If a loved one was killed in a plane or helicopter crash, see my aviation accident page. If your loved one survived with a spinal cord injury, see my Austin spinal cord injury lawyer page.

What Damages Are Available

• Loss of companionship and society
• Mental anguish
• Loss of the deceased’s earning capacity and financial contributions
• Loss of inheritance the deceased would reasonably have accumulated
• Funeral and burial expenses
• Punitive damages, in cases involving gross negligence

If the Death Involved an Underinsured Driver

Wrongful death cases arising from car accidents sometimes involve an at-fault driver with insufficient insurance to cover the loss. In that situation, a claim against the family’s own underinsured motorist (UIM) coverage may come into play — a separate, often contentious process. Texas law (Brainard v. Trinity Universal Insurance Co., 216 S.W.3d 809 (Tex. 2006)) holds that a UIM carrier has no obligation to pay until the other driver’s liability and underinsured status are established through a judgment, which makes building the underlying case correctly essential even when your own insurance company is involved.

Why This Work Requires a Trial Lawyer, Not Just a Settlement Lawyer

Wrongful death cases are almost never simple, and insurance companies know that grieving families are often under financial pressure to settle quickly. As a Board Certified Personal Injury Trial Lawyer with 15 years of litigation experience across 12 Texas counties, both plaintiff and defense side, I prepare every wrongful death case as if it will be tried in front of a jury — because that preparation is what determines whether a family receives a fair resolution or an early, inadequate one.

Wrongful Death FAQ

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

Generally two years from the date of death, though this can be affected by the specific facts of the case. More on timing: Texas personal injury statute of limitations. Time matters — evidence and witness memories fade quickly.

Do all surviving family members have to agree to bring the claim?

Texas law has specific rules about who can bring a wrongful death action and how the various eligible family members participate. This is worth discussing directly, since family circumstances vary.

Is a wrongful death claim the same as a criminal case?

No. A wrongful death claim is a separate civil action for compensation, distinct from any criminal charges that may or may not be filed against the responsible party.