Austin Wrongful Death Lawyers Fighting for Families Who Have Lost Loved Ones
Nothing can prepare you for the sudden loss of someone you love. When that loss is caused by another person’s negligence, recklessness, or misconduct, the grief is compounded by anger, confusion, and a sense of profound injustice. You’re left with questions that may never be fully answered and a future that will never be what you planned.
A wrongful death lawsuit cannot bring your loved one back. But it can hold the responsible parties accountable, provide financial security for your family, and ensure that the person who caused this tragedy faces consequences for their actions.
At DJC Law, our Austin wrongful death lawyers understand that no amount of money can replace what you’ve lost. We also understand that pursuing a legal claim while grieving is one of the hardest things a family can do. We’re here to shoulder that burden—to handle the legal fight so you can focus on your family.
We handle wrongful death cases on contingency, which means you pay nothing unless we win. Contact us today for a free, compassionate consultation.
Texas Wrongful Death Law
Texas has specific statutes governing wrongful death claims that determine who can file suit, what damages are available, and how claims proceed. Understanding these laws is essential to protecting your family’s rights.
Who Can File a Wrongful Death Claim in Texas
Under the Texas Wrongful Death Act, only certain family members have the right to bring a wrongful death claim:
- Surviving spouse of the deceased
- Children of the deceased (including adopted children)
- Parents of the deceased
These eligible parties may file individually or together. If none of these family members file suit within three months of the death, the executor or administrator of the deceased’s estate may file on their behalf—unless all eligible family members request that no suit be filed.
Notably, Texas law does not automatically grant standing to siblings, grandparents, or other extended family members, though they may benefit from a survival action brought by the estate.
Wrongful Death vs. Survival Actions in Texas
Texas recognizes two separate types of claims when someone is killed by negligence:
Wrongful death claims compensate surviving family members for their own losses—the loss of financial support, loss of companionship, mental anguish, and similar damages suffered by the living.
Survival actions are brought by the estate and recover damages the deceased person could have recovered had they survived—their pain and suffering before death, medical expenses, lost wages from injury until death, and similar damages.
Families often pursue both types of claims together. For example, if someone is seriously injured in a crash on I-35 and survives for several days before dying, a survival action can recover for their pain and suffering during those days, while a wrongful death claim compensates the family for their ongoing losses.
Why Choose DJC Law for Your Austin Wrongful Death Case
Wrongful death cases are among the most complex and emotionally difficult areas of personal injury law. Here’s what sets us apart.
You Pay Nothing Unless We Win
We handle all wrongful death cases on contingency. You don’t pay any upfront fees, and you owe us nothing unless we successfully recover compensation for your family. We advance all costs of investigation and litigation.
We Know Texas Wrongful Death Law
We understand the Texas Wrongful Death Act, survival actions, and how to maximize recovery for Austin families. We know which damages are available, who has standing to sue, and how to navigate the Texas court system.
Compassionate, Personal Attention
We understand you’re grieving. We treat every family with the compassion and respect they deserve, taking the time to understand your loved one’s life and the impact of their loss. You’ll work directly with your attorney, not be passed off to assistants.
Thorough Investigation
We conduct comprehensive investigations to uncover exactly what happened and who is responsible. We work with accident reconstructionists, medical experts, economists, and other specialists to build the strongest possible case.
Trial-Ready Representation
Insurance companies know which firms will take cases to trial in Travis County. Our willingness to fight in court often motivates defendants to offer fair settlements—and Texas juries in wrongful death cases often return substantial verdicts.
Common Causes of Wrongful Death in Austin
Wrongful death can result from virtually any type of negligence or misconduct that causes fatal injuries. In Austin and Travis County, common causes include:
Car accidents are a leading cause of wrongful death in Austin. Our city’s rapid growth has made roads more congested and dangerous. Fatal crashes occur regularly on I-35, MoPac, Highway 183, Highway 71, and throughout Austin’s surface streets. Distracted driving, drunk driving, speeding, and running red lights claim lives every year.
Truck accidents on I-35 and other major highways often result in fatalities due to the massive size and weight of commercial vehicles. Austin’s position as a logistics hub means heavy truck traffic throughout the area.
Motorcycle accidents are particularly deadly because riders lack the protection of an enclosed vehicle. Austin’s year-round riding weather means motorcyclists share roads with drivers who often fail to see them.
Pedestrian accidents have increased as Austin has grown. Pedestrians are killed on our streets, in crosswalks, and in parking lots by negligent drivers.
Bicycle accidents can be fatal when cyclists are struck by motor vehicles. Despite Austin’s efforts to improve cycling infrastructure, cyclists remain vulnerable to negligent drivers.
Medical malpractice at Austin-area hospitals, clinics, and medical offices causes preventable deaths. Surgical errors, misdiagnosis, medication mistakes, and failure to treat can all prove fatal.
Workplace accidents claim lives in Austin’s construction industry, manufacturing facilities, warehouses, and other dangerous work environments. Austin’s building boom has increased construction site fatalities.
Construction accidents including falls, electrocutions, struck-by incidents, and trench collapses are leading causes of workplace death in our rapidly growing city.
Defective products including dangerous drugs, faulty vehicles, unsafe consumer products, and defective equipment cause fatal injuries.
Premises liability deaths occur when dangerous property conditions prove fatal—swimming pool drownings, falls from heights, inadequate security leading to assault, and similar incidents at Austin businesses and residences.
Nursing home abuse and neglect leads to preventable deaths among elderly residents at Austin-area facilities. Bedsores, falls, medication errors, malnutrition, and dehydration can all be fatal.
Dog attacks cause fatalities in Austin, often involving children or elderly victims.
Drunk driving deaths are tragically common in Austin, particularly on weekends and around holidays. These cases often support punitive damages under Texas law.
Whatever caused your loved one’s death, if negligence or misconduct was involved, your family may have a wrongful death claim under Texas law.
Compensation in Texas Wrongful Death Cases
Texas law provides for substantial compensation in wrongful death cases. Damages are meant to compensate surviving family members for all the ways the death has affected them.
Wrongful Death Damages (For Family Members)
- Loss of financial support: The income and benefits the deceased would have provided to the family over their expected lifetime
- Loss of services: The value of household services, childcare, home maintenance, and other contributions the deceased provided
- Loss of companionship and society: The loss of the deceased’s love, comfort, companionship, and emotional support
- Loss of inheritance: The savings and assets the deceased would have accumulated and passed on
- Mental anguish: The grief, sorrow, and emotional suffering of surviving family members
- Loss of parental guidance: For children, the loss of a parent’s care, guidance, nurturing, and upbringing
- Loss of consortium: For spouses, the loss of the marital relationship
Survival Action Damages (For the Estate)
- Pain and suffering: The physical pain the deceased experienced before death
- Mental anguish: The fear and emotional suffering the deceased experienced
- Medical expenses: All treatment costs from injury until death
- Lost wages: Income the deceased lost between injury and death
- Funeral and burial expenses: Costs of final arrangements
Exemplary (Punitive) Damages
Under Texas law, exemplary damages may be available in cases involving gross negligence, willful acts, or omissions. Drunk driving deaths, intentional misconduct, and knowing disregard for safety often support punitive damages. These damages punish the wrongdoer and deter similar conduct.
Texas caps exemplary damages in most cases at the greater of $200,000 or two times economic damages plus up to $750,000 of non-economic damages. However, these caps don’t apply in certain circumstances, including cases involving felony conduct.
Who Can Be Held Liable?
Depending on the circumstances, multiple parties may be liable for a wrongful death in Austin:
Individuals whose negligence caused the death—negligent drivers, healthcare providers who committed malpractice, property owners who maintained unsafe conditions.
Employers may be liable for deaths caused by their employees acting within the scope of employment, or for their own negligence in hiring, training, or supervision.
Companies may be liable for deaths caused by their products, their premises, or their operations. This includes Austin businesses of all sizes.
Trucking companies may be liable for deaths caused by their drivers, particularly when the company violated safety regulations or pressured drivers to cut corners.
Product manufacturers may be strictly liable under Texas law for deaths caused by defective products.
Property owners may be liable for deaths caused by dangerous conditions on their property, including Austin businesses, apartment complexes, and homeowners.
Healthcare facilities including Austin-area hospitals, clinics, and nursing homes may be liable for deaths caused by medical malpractice or inadequate care.
Government entities including the City of Austin, Travis County, and Texas state agencies may be liable for deaths caused by dangerous road conditions, defective traffic signals, or the negligence of government employees. Texas has waived sovereign immunity for certain claims, though special rules apply.
Bars and restaurants may be liable under Texas dram shop law for deaths caused by patrons they served alcohol to when it was apparent the patron was obviously intoxicated and posed a danger.
Identifying all potentially liable parties is crucial because it increases available insurance coverage and improves the chances of full compensation.
Wrongful Death and Criminal Cases in Texas
If your loved one’s death resulted from conduct that may be criminal—such as intoxication manslaughter, criminally negligent homicide, or murder—there may be both criminal prosecution and a civil wrongful death claim. These are separate proceedings:
Criminal cases are prosecuted by the Travis County District Attorney’s Office (or other appropriate prosecutor) to punish the wrongdoer. Your family has no control over whether charges are filed. A conviction can result in prison time but doesn’t directly compensate your family.
Civil wrongful death claims are brought by your family to seek compensation. You control this process, and any recovery goes to your family.
The standards of proof differ significantly. Criminal cases require proof “beyond a reasonable doubt.” Civil cases require only a “preponderance of the evidence” (more likely than not). This means you can win a civil case even if the defendant wasn’t convicted criminally.
A criminal conviction can help your civil case by establishing wrongful conduct—but your civil claim doesn’t depend on criminal charges being filed or successful.
Claims Against Government Entities in Texas
If your loved one was killed due to the negligence of a government entity or employee—a dangerous road maintained by the City of Austin or TxDOT, a crash involving a city vehicle, or similar circumstances—special rules apply under the Texas Tort Claims Act:
Notice requirements are strict. You must provide formal notice of your claim within six months of the death for claims against cities and counties, or within six months for state agencies.
Damage caps limit recovery against government entities. For claims against cities and counties, damages are capped at $250,000 per person and $500,000 per occurrence for governmental units. State agency caps are $250,000 per person and $500,000 per occurrence.
Limited waiver of immunity means government entities are only liable for certain types of claims, primarily involving motor vehicles, premises defects, and certain property conditions.
If a government entity may be responsible for your loved one’s death, contact an attorney immediately to preserve your rights under these strict requirements.
Statute of Limitations in Texas
In Texas, you generally have two years from the date of death to file a wrongful death lawsuit. This same two-year deadline applies to survival actions.
Claims against government entities have much shorter notice requirements—typically six months to provide formal notice, as noted above.
Medical malpractice claims in Texas must generally be filed within two years of the act or omission, with some exceptions.
Claims involving minors may be tolled until the minor reaches adulthood in some circumstances.
Missing the deadline means losing your right to compensation forever. Contact an attorney as soon as possible, even if you’re not sure you want to pursue a claim. We can explain your deadlines and preserve your options.
Dealing with Insurance Companies
Insurance companies handle wrongful death claims just like any other claim—their goal is to pay as little as possible. Common tactics include:
- Minimizing the deceased’s earning potential to reduce lost income calculations
- Downplaying family relationships to reduce non-economic damages
- Blaming the deceased for contributing to their own death
- Rushing settlements while families are grieving and before the full impact is understood
- Delaying claims hoping families will accept less out of financial pressure
- Taking advantage of grieving families who may not be thinking clearly about legal rights
Don’t speak with insurance adjusters or accept any settlement offers without consulting an attorney. We handle all communications and protect your family from these tactics during an incredibly difficult time.
What to Do After a Wrongful Death in Austin
In the aftermath of losing a loved one, legal matters may be the last thing on your mind. But there are steps that can help protect your family’s rights:
- Don’t feel pressured to make quick decisions while grieving
- Preserve all documents related to your loved one’s finances, employment, and family relationships
- Obtain copies of the death certificate and any accident or incident reports
- Be cautious of insurance representatives offering quick settlements
- Don’t sign releases or accept settlement offers without legal review
- Keep records of funeral expenses and other costs
- Contact an Austin wrongful death attorney to understand your rights under Texas law
How Our Austin Wrongful Death Lawyers Help
Pursuing a wrongful death claim while grieving is extraordinarily difficult. We take on the legal burden so you can focus on your family. Here’s how we help:
We investigate thoroughly, working with experts to determine exactly what happened and who is responsible. We gather evidence, interview witnesses, obtain records, and build a comprehensive picture of the events leading to death.
We identify all liable parties, ensuring everyone who contributed to the death is held accountable and that maximum insurance coverage is available.
We document all damages, working with economists and other experts to calculate the full value of your family’s losses under Texas law—financial and emotional.
We handle all communications with insurance companies, defendants, and their attorneys, protecting your family from having to deal with these parties during your grief.
We navigate Texas-specific requirements, including notice requirements for government claims, medical malpractice prerequisites, and other procedural hurdles.
We’re prepared to try your case in Travis County District Court or other appropriate venue if insurance companies won’t offer fair compensation.
We treat your family with compassion, understanding that this is about more than money—it’s about justice, accountability, and honoring your loved one’s memory.
Frequently Asked Questions
How much does it cost to hire an Austin wrongful death lawyer?
Nothing upfront. We work on contingency, meaning we only get paid if we recover compensation for your family. We also advance all costs of investigation and litigation, so your family has no out-of-pocket expenses.
Who can file a wrongful death claim in Texas?
Under Texas law, only the surviving spouse, children, and parents of the deceased can file a wrongful death claim. If none of these family members file within three months, the estate’s executor may file on their behalf.
How long do I have to file a wrongful death claim in Texas?
Generally two years from the date of death. However, claims against government entities require notice within six months. Contact an attorney as soon as possible to understand your specific deadlines.
Can I file a wrongful death claim if there’s a criminal case pending?
Yes. Criminal and civil cases are separate proceedings. You can pursue a wrongful death claim regardless of whether criminal charges are filed by the Travis County DA, and regardless of the outcome of any criminal case.
Who receives the compensation from a wrongful death settlement in Texas?
Wrongful death damages go to the surviving spouse, children, and/or parents who brought the claim, distributed by agreement or court order. Survival action damages go to the deceased’s estate and are distributed according to the will or Texas intestacy law.
What if my loved one was partially at fault for the accident?
Texas follows a modified comparative negligence rule. You can still recover compensation if your loved one was less than 51% at fault, though recovery is reduced by their percentage of fault. Don’t accept an insurance company’s assessment of fault without consulting an attorney.
What if the driver who killed my loved one was drunk?
Drunk driving deaths often support claims for exemplary (punitive) damages under Texas law. We may also pursue claims against bars or restaurants that overserved the driver under Texas dram shop law.
Can I sue the City of Austin for a dangerous road condition?
Possibly, but strict rules apply under the Texas Tort Claims Act. You must provide notice within six months, and damages are capped. Contact an attorney immediately if you believe a government entity was responsible.
How long does a wrongful death case take in Austin?
It varies significantly depending on the complexity of the case, the number of parties involved, and whether litigation is required. Some cases settle in months; others take years. We work to resolve your case as efficiently as possible while ensuring your family receives full compensation.
How much is a wrongful death case worth in Texas?
Every case is unique. Value depends on factors including the deceased’s age, earning capacity, health, relationship with survivors, and the circumstances of death. We work with experts to calculate the full value of your family’s losses under Texas law.
Contact Our Austin Wrongful Death Attorneys Today
Losing a loved one is devastating. Pursuing justice shouldn’t add to your burden. At DJC Law, we handle the legal fight so you can focus on your family and your grief.
We’ve helped countless Austin families hold wrongdoers accountable and secure the compensation they need to move forward. We treat every family with the compassion and respect they deserve, and we fight tirelessly for justice under Texas law.
Contact us today for a free, confidential consultation. We’ll listen to your story, explain your options, and help you decide the best path forward. There’s no obligation, and you’ll pay nothing unless we win.
