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.
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.
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.
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
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
What is a wrongful death lawsuit and who can file one in Texas?
A wrongful death lawsuit is a civil claim filed when a person dies because of another party’s negligence or wrongful act. In Texas, the surviving spouse, children, and parents may file. If none of them files within three months, the estate’s representative may file unless the family asks them not to.
What types of wrongful death damages can families seek in an Austin wrongful death case?
Families may seek lost financial support, lost household services, funeral costs, mental anguish, and loss of companionship. In cases involving gross negligence, exemplary damages may also be available.
How does the wrongful death claim process work in Texas?
The process starts with confirming who is eligible to file and investigating what caused the death. From there, we calculate the family’s losses and present the claim. Most claims must be filed within two years of the date of death.
What are common wrongful death claims handled by Austin personal injury attorneys?
Common claims involve truck crashes, car accidents, drunk drivers, motorcycle crashes, construction accidents, unsafe property, and defective products. Each requires proof that the responsible party failed to use reasonable care.
Why is it important to hire an experienced wrongful death attorney after a family member's death?
Wrongful death claims involve strict deadlines, eligibility rules, and insurers who may try to shift blame to the person who died. An attorney can preserve evidence, calculate your family’s full losses, and handle negotiations so your family can focus on each other.