Legally Reviewed by Kevin Henrichson on October 8, 2026

Losing someone you love is devastating on its own. When that loss comes from someone else’s reckless or negligent actions, families are left with grief, unanswered questions, and financial pressure that can last for years.

Byrd Davis Alden & Henrichson, LLP is Austin’s oldest personal injury law firm, founded in 1959, and we have represented families in wrongful death cases across Central Texas for over 65 years. Our Board Certified trial attorneys, Robert Alden and Kevin Henrichson, help families hold negligent drivers, companies, and property owners accountable.

⚠ Time-Sensitive: Texas Law Limits Your Family’s Window to File

Surviving family members generally have two years from the date of death to file a wrongful death claim in Texas.

Byrd Davis Alden & Henrichson, LLP has served Austin families for over 65 years. We work on a contingency fee basis, so you pay no attorney fees unless we recover compensation for your family.

What Is a Wrongful Death Claim in Texas?

Texas law allows certain family members to file a wrongful death claim when a person dies because of another party’s wrongful act, neglect, carelessness, unskillfulness, or default. The claim seeks compensation for the losses the family suffers because of the death.

Surviving Spouse
May file on their own or with other eligible family members.
Children
The children of the person who died may file.
Parents
The parents of the person who died may file.
Estate Representative
May file if no eligible family member files within three months of the death, unless the family asks them not to.

Siblings and other extended family members generally cannot file a wrongful death claim in Texas, even when they were close to the person who died.

Wrongful Death and Survival Claims in Texas

A fatal accident can give rise to two separate claims, and many families pursue both. Our guide to wrongful death and survival actions explains the differences in more detail.

Wrongful Death Claim Survival Claim
Who brings it Spouse, children, or parents The estate’s representative
Whose losses The family’s losses from the death The losses the person suffered before death
Examples Lost financial support, loss of companionship, mental anguish Pain and suffering before death, medical expenses
Where recovery goes To the eligible family members To the estate

Common Causes of Fatal Accidents in Austin

According to the Centers for Disease Control and Prevention, unintentional injuries were the third leading cause of death in the United States in 2024, claiming more than 197,000 lives. We regularly handle wrongful death cases arising from preventable events across Austin and Central Texas.

Truck Crashes
Collisions with 18-wheelers and commercial vehicles. Learn more about truck accidents.
Car Accidents
High-speed, distracted, and reckless driving can cause fatal car accidents.
Drunk Driving Crashes
Impaired drunk drivers and, in some cases, the businesses that overserved them.
Motorcycle Crashes
Riders have little protection in a collision. Learn more about motorcycle crashes.
Pedestrian and Bicycle Crashes
Drivers who fail to yield cause many fatal pedestrian accidents and bicycle crashes.
Construction Accidents
Falls, equipment failures, and safety violations on job sites. Learn more about construction accidents.
Negligent Security and Unsafe Property
Property owners who ignore known dangers may be liable for negligent security and unsafe conditions.
Defective Products
Defective vehicles, machinery, and consumer goods may support a product liability claim.

Damages Families May Recover

Texas allows families to seek compensation for both the financial and the personal losses that follow a death.

Economic Damages Non-Economic Damages
Lost financial support Mental anguish
Lost household services and care Loss of companionship and society
Funeral and burial costs Loss of care, guidance, and support

In cases involving gross negligence, exemplary damages may also be available. Families often have questions about how loss of consortium is calculated, how wrongful death proceeds are divided in Texas, and how settlements are taxed.

If the person who died is found partly at fault, Texas’s comparative negligence rules may reduce the family’s recovery, and recovery may be barred if their share of fault exceeds 50 percent. Insurers know the person who died cannot tell their side of the story, so a thorough early investigation matters.

Steps in a Texas Wrongful Death Claim

Every case is different, but most follow a similar path. Learn more about what to expect in the wrongful death claim process.

01
Free Consultation
We confirm who is eligible to file and review what happened.
02
Investigation
We gather crash reports, witness statements, and other evidence before it disappears.
03
Damages Analysis
We calculate the financial and personal losses your family has suffered.
04
Claim and Negotiation
We present the claim and measure any offer against your family’s needs.
05
Lawsuit and Trial if Needed
When an insurer refuses a fair resolution, we are prepared to try your case.

Statute of Limitations for Austin Wrongful Death Claims

Under Section 16.003 of the Texas Civil Practice and Remedies Code, families generally have two years from the date of death, not the date of the accident, to file a wrongful death lawsuit. That distinction matters when someone survives for weeks or months after an accident. Claims against a city, county, or other public entity can require written notice much sooner. Learn more about suing a government entity in Texas. Missing a deadline is permanent, so do not hesitate to reach out early.

Meet the Board Certified Attorneys Handling Austin Wrongful Death Cases

Board Certified in Civil Trial Law and Personal Injury Trial Law by the Texas Board of Legal Specialization
Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization

Our firm has represented families in some of the most significant wrongful death cases in Texas history, including the families of Stevie Ray Vaughan, members of Reba McEntire’s band, and Jim Croce following aviation accidents. Past results do not guarantee a similar outcome.

Why Families Choose Byrd Davis Alden & Henrichson, LLP

Many firms accept wrongful death cases but rarely take them to trial, and the other side knows who they are. Our attorneys are true personal injury trial lawyers, and that changes how insurers negotiate with us. U.S. News & World Report recognizes our firm as one of the Best Law Firms in the United States, and our attorneys are listed in Super Lawyers, Best Lawyers, and the Bar Register of Pre-eminent Lawyers. You will not see us on billboards or television, and our case results reflect decades of serious injury work.

If you lost a family member because of someone else’s negligence in Austin or anywhere in Central Texas, contact our firm for a free consultation. We can explain your family’s rights, the deadlines that apply, and how we may be able to help.

Frequently Asked Questions About Austin Wrongful Death Claims