Losing someone you love is devastating enough on its own. When that loss comes because of someone else’s reckless or negligent actions, the grief is compounded by a crushing sense of injustice that no family should have to carry alone.
At Byrd Davis Alden & Henrichson, LLP, we understand the weight of what you’re facing, and we have the experience and resolve to stand with you. As Austin’s oldest personal injury law firm, established in 1959, we have pioneered wrongful death attorneys in Austin and central Texas for over 65 years. With a 98% success rate and more than $100 million recovered for our clients, we are the firm families in Austin turn to when the stakes are highest.
What Is a Wrongful Death Claim in Texas?
A wrongful death claim arises when a person is killed due to the wrongful act, neglect, carelessness, unskillfulness, or default of another. In Texas, the surviving spouse, children, and parents of the deceased are entitled to bring a wrongful death action against the responsible party. If no eligible family member files within three months of the death, the representative of the estate may do so unless the family expressly objects.
Who Can File a Wrongful Death Lawsuit?
Texas law limits who may pursue a wrongful death claim. Eligible parties include the surviving spouse, children, and parents of the person who was killed. Siblings and other extended family members are generally not permitted to file under the Texas Wrongful Death Act, even when they were closely connected to the deceased. Because the rules governing standing can directly affect your right to compensation, it is essential to consult with an attorney as soon as possible after the loss.
The Statute of Limitations
In most wrongful death cases in Texas, families have two years from the date of death to file a lawsuit. Missing this deadline typically forecloses your ability to pursue compensation in court, regardless of how strong your case may be. The sooner you speak with an experienced attorney, the more time our team has to investigate, gather evidence, and build the strongest possible case on your behalf.
Common Causes of Wrongful Death in Austin
Wrongful death claims can arise from a wide range of circumstances. According to the Centers for Disease Control and Prevention, unintentional injuries are the third leading cause of death in the United States, claiming more than 222,000 lives each year. In Austin and throughout Texas, our firm regularly handles wrongful death cases stemming from serious and often preventable events.
Some of the most common scenarios we see include the following:
- Car and truck crashes: Collisions involving commercial vehicles, drunk drivers, and distracted motorists are among the most frequent causes of fatal accidents in Texas.
- Motorcycle accidents: Motorcyclists are extraordinarily vulnerable on Texas roads, and the consequences of a crash are often fatal.
- Premises liability incidents: Dangerous property conditions, including inadequate security and negligent maintenance, can lead to fatal outcomes that hold property owners accountable.
- Construction site accidents: Falls, equipment failures, and safety violations on job sites tragically take workers’ lives every year.
- Product liability: Defective vehicles, machinery, or consumer products can cause fatal injuries for which manufacturers can be held responsible.
Each of these situations involves layers of complexity that demand skilled legal representation to untangle and present effectively in court or at the negotiating table.
What Damages Can Be Recovered?
Families who pursue a wrongful death claim in Texas may be entitled to both economic and non-economic damages. Economic losses include the financial support the deceased would have provided, funeral and burial costs, and the value of services the deceased performed for the household. Non-economic damages recognize the profound emotional toll of the loss, including grief, mental anguish, and the loss of companionship, care, and guidance.
Understanding the full scope of recoverable damages is one area where the experience of our firm makes a real difference. We have handled some of the most significant and complex wrongful death cases in Texas history, including representing the families of Stevie Ray Vaughan, members of Reba McEntire’s band, and Jim Croce following aviation accidents. That depth of experience in catastrophic injury and wrongful death cases informs every claim we take on.
Why Work With Byrd Davis Alden & Henrichson, LLP?
Many law firms accept wrongful death cases but rarely take them to trial. The opposing side knows exactly who those firms are, and that knowledge reduces their leverage at the settlement table. Our attorneys are true personal injury trial lawyers with a winning track record in the courtroom. That reputation changes the dynamics of every negotiation we enter, because the other side knows we are prepared and capable of winning at trial.
Our firm is recognized by U.S. News & World Report as one of the Best Law Firms in the U.S. Our attorneys are Board Certified in Personal Injury Trial Law and are listed in Super Lawyers, Best Lawyers, and the Bar Register of Pre-eminent Lawyers. We have deep roots in the Austin legal community and a history of setting legal precedent in this region. Reviewing our case results illustrates the kinds of complex, high-stakes matters we have handled successfully for clients over more than six decades. It is also worth understanding the critical distinctions between personal injury vs. wrongful death claims, as the two involve different legal standards, eligible parties, and categories of damages.
We also want families to be fully informed about how proceeds work. Texas law governs how compensation is distributed among surviving family members, and understanding how wrongful death proceeds are divided in Texas is an important part of the process.
Contact Byrd Davis Alden & Henrichson, LLP Today
You will not find us on a billboard or in a television commercial. Our clients come to us by reputation and by word of mouth, and our track record speaks for itself. We do not charge any fees unless we win, which means there is no financial risk in speaking with us about your case. Our goal is to obtain the fair outcome your family deserves, whether that means reaching a strong settlement or taking the case to trial.
If you have lost a loved one due to another party’s negligence in Austin or anywhere in central Texas, we are here to help. Contact our firm today to speak with an experienced Austin wrongful death attorney and take the first step toward justice for your family.
FAQ
What is a wrongful death lawsuit and who can file one in Texas?
A wrongful death lawsuit is a civil claim filed when someone dies due to another party’s negligence or wrongful act. In Texas, only certain family members, such as the surviving spouse, children, or parents, can file this claim. This lawsuit seeks compensation for damages suffered from the loss, including financial and emotional harm. An experienced wrongful death attorney can guide you through the complexities of filing an Austin wrongful death case and ensure your rights are protected.
What types of wrongful death damages can families seek in an Austin wrongful death case?
Wrongful death damages typically include economic losses like medical bills, funeral expenses, and lost income the deceased would have provided. Non-economic damages cover emotional suffering, loss of companionship, and mental anguish experienced by the family. In some cases, punitive damages may be awarded to punish the responsible party for particularly negligent behavior. Austin personal injury attorneys help families accurately calculate and pursue these damages to provide financial relief during a difficult time.
How does the wrongful death claim process work in Texas?
The wrongful death claim process starts with establishing that the responsible party caused the fatal accident due to negligence or wrongful conduct. Eligible family members must file the claim within Texas’ statute of limitations, usually two years from the date of death. The process involves gathering evidence to prove liability and damages. Working with experienced Austin wrongful death attorneys can simplify this process and help families build a strong case for compensation.
What are common wrongful death claims handled by Austin personal injury attorneys?
Common wrongful death claims in Austin involve fatal accidents caused by negligent drivers, medical malpractice, workplace accidents, defective products, and unsafe property conditions. Each type requires proving the responsible party breached their duty of care, resulting in a loved one’s death. Austin personal injury attorneys are familiar with these common wrongful death claims and can effectively advocate for families to recover compensation for their losses.
Why is it important to hire an experienced wrongful death attorney after a loved one's death?
An experienced wrongful death attorney understands the legal complexities of wrongful death claims and can help families navigate the emotional and procedural challenges after a loved one’s death. They assist in identifying the responsible party, proving liability, and seeking appropriate wrongful death damages. Having knowledgeable Austin personal injury attorneys ensures your claim is handled properly, deadlines are met, and your family’s financial and legal interests are protected during this difficult time.