We understand that no words can ease the pain of losing someone you love. When that loss is caused by another person's negligence, carelessness, or wrongful actions, the grief can be compounded by feelings of anger and injustice. During this difficult time, the last thing you may want to think about is a lawsuit—but pursuing a wrongful death claim can provide your family with financial security and hold those responsible accountable for their actions.
At The Juris Firm, we approach wrongful death cases with the compassion and sensitivity your family deserves. We take the time to understand your loss, listen to your story, and explain your legal options without pressure or judgment. When you're ready, we're here to fight aggressively for justice on your behalf.
Pursuing a wrongful death claim is not about putting a price on your loved one's life—it's about ensuring their memory is honored, that negligent parties are held responsible, and that your family has the resources to move forward. We handle the legal complexities so you can focus on healing.
We're Here for You
When you're ready to discuss your family's legal options, we're here to listen with compassion and provide guidance without pressure.
Free, Confidential ConsultationWhat is a Wrongful Death Claim in Texas?
Definition of Wrongful Death
A wrongful death occurs when someone dies due to the negligence, carelessness, unskillfulness, or wrongful act of another person, company, or entity. In Texas, surviving family members can bring a civil lawsuit to recover compensation for their losses. This is separate from any criminal charges that may be filed—a wrongful death case focuses on providing financial recovery to the family, not punishing the wrongdoer.
Who Can File a Wrongful Death Claim?
Texas law limits who may file a wrongful death claim. Only the following immediate family members have standing:
- Surviving spouse of the deceased
- Children of the deceased, including legally adopted children
- Parents of the deceased
Notably, siblings, grandparents, and other relatives cannot file wrongful death claims under Texas law. Eligible family members may file claims individually or together as a group.
Wrongful Death vs. Survival Action
It's important to understand the difference between a wrongful death claim and a survival action:
- Wrongful death claim: Compensates surviving family members for their own losses—loss of companionship, lost financial support, mental anguish, etc.
- Survival action: Filed by the estate's representative and recovers damages the deceased person could have claimed if they had lived—pain and suffering before death, medical expenses, lost wages, etc.
Both claims may be pursued in the same case, maximizing the recovery for your family.
Common Causes of Wrongful Death in Austin
Car and Truck Accidents
Motor vehicle accidents are the leading cause of wrongful death claims. Fatal crashes involving cars, commercial trucks, and motorcycles often result from speeding, distracted driving, drunk driving, or reckless behavior. Learn more about car accident claims and truck accident claims.
Medical Malpractice
When healthcare providers fail to meet the standard of care, the consequences can be fatal. Surgical errors, misdiagnosis, delayed diagnosis, medication errors, and birth injuries can all lead to wrongful death. Medical malpractice claims have specific procedural requirements in Texas.
Workplace Accidents
While workers' compensation provides some benefits, families may have additional wrongful death claims against third parties. Construction site fatalities, industrial accidents, and equipment failures often involve multiple liable parties. Learn more about workplace injury claims.
Defective Products
Dangerous products—from automobile defects to pharmaceutical errors—can cause death. Manufacturers, distributors, and retailers may all bear responsibility for defective products that prove fatal.
Premises Liability
Property owners have a duty to maintain safe premises. Fatal slip and falls, inadequate security leading to criminal attacks, swimming pool drownings, and other dangerous conditions can give rise to wrongful death claims.
Nursing Home Negligence
When nursing homes fail to properly care for residents, the results can be devastating. Neglect, abuse, medication errors, fall injuries, and infections from inadequate care may constitute wrongful death.
Criminal Acts
When someone is killed by another person's intentional actions, the family can pursue a civil wrongful death claim even if criminal charges are pending. The burden of proof in civil court is lower than in criminal court, meaning recovery is possible even without a criminal conviction.
Compensation in Texas Wrongful Death Cases
Wrongful death compensation aims to address the many ways your family has been affected by your loved one's death.
Loss of Financial Support
The deceased's expected earnings over their lifetime, including wages, benefits, bonuses, and retirement contributions. We work with economic experts to calculate the full value of lost financial support.
Loss of Services
The value of household services, childcare, maintenance, and other contributions your loved one provided. These services would need to be replaced, representing a real economic loss to the family.
Loss of Companionship and Consortium
Perhaps the most difficult loss to quantify is the emotional void left behind. This includes the lost love, comfort, companionship, guidance, and nurturing your loved one provided. For spouses, it includes loss of the marital relationship; for children, loss of parental guidance; for parents, loss of their child's love.
Mental Anguish and Emotional Pain
The grief, sorrow, and emotional suffering experienced by surviving family members. If you witnessed your loved one's death or its immediate aftermath, this trauma is also compensable.
Loss of Inheritance
The value of what surviving family members would have inherited from the deceased had they lived their natural life expectancy and accumulated assets accordingly.
Funeral and Burial Expenses
Reasonable costs for funeral services, burial or cremation, memorial services, and related expenses.
Medical Expenses
Through a survival action, the estate can recover medical expenses incurred between the injury and death, as well as any pain and suffering the deceased experienced during that time.
Learn more about compensation in our guide to types of damages in Texas.
Texas Wrongful Death Laws
Statute of Limitations
Texas law gives families two years from the date of death to file a wrongful death lawsuit. Missing this deadline typically means losing your right to compensation forever. While certain exceptions may extend this deadline in limited circumstances, it's crucial to speak with an attorney as soon as you're ready. Learn more about the Texas statute of limitations.
Who Can Recover Damages?
Only the surviving spouse, children, and parents may recover wrongful death damages in Texas. This limited list means siblings, grandchildren, step-parents (in most cases), and other relatives cannot bring claims—even if they were close to the deceased.
Survival Actions
A survival action is filed by the executor or administrator of the deceased's estate. It recovers damages the deceased person could have claimed if they survived—pain and suffering from the time of injury until death, lost wages during that period, and medical expenses.
Damage Caps
Texas generally does not cap wrongful death damages. However, medical malpractice cases have non-economic damage caps that may limit recovery. An experienced attorney can explain how any caps might affect your specific case.
Comparative Negligence
If your loved one was partially at fault for the accident that caused their death, your recovery may be reduced proportionally. Under Texas's modified comparative fault rule, you can still recover as long as your loved one was not more than 50% responsible.
How We Handle Wrongful Death Cases
We understand that navigating the legal system while grieving is overwhelming. Our approach is designed to minimize your burden while maximizing your recovery.
Compassionate Initial Meeting
When we first meet, our priority is understanding your loss and your family's needs. We explain the legal process gently, answer your questions, and give you the information you need to make informed decisions. There's no pressure and no rush—we move at your pace.
Thorough Investigation
Building a strong case requires comprehensive investigation. We work with accident reconstructionists, review medical records, interview witnesses, and preserve crucial evidence before it disappears. The goal is to establish exactly what happened and who is responsible.
Valuing Your Claim
We work with economic experts to calculate lost income and benefits, life care planners to assess ongoing family needs, and consult with grief counselors to understand the full emotional impact on your family. This ensures no aspect of your loss goes uncompensated.
Negotiation with Insurers
We handle all communications with insurance companies, protecting you from lowball settlement offers and aggressive adjusters. Insurance companies often try to minimize payouts to grieving families—we make sure that doesn't happen to you.
Trial Preparation
While many cases settle, we prepare every case as if it's going to trial. If the insurance company won't offer fair compensation, we're ready to present your case to a jury and fight for the justice your family deserves.
Keeping You Informed
Throughout the process, we provide regular updates and remain available to answer your questions. You'll never be left wondering about the status of your case. We guide you through each step with patience and clarity.
Why Choose Our Austin Wrongful Death Attorneys?
- Compassionate approach – We treat you with the sensitivity your family deserves during this difficult time
- Aggressive pursuit of justice – Compassion doesn't mean we won't fight hard for maximum compensation
- Experience with complex cases – We've handled wrongful death claims arising from all types of negligence
- No fee unless we win – You pay nothing upfront; our fee comes only from the recovery we obtain
- Resources to take on powerful defendants – We have the financial resources to fight large corporations and their insurers
See examples of our work on our case results page.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Texas?
In Texas, the statute of limitations for wrongful death claims is two years from the date of death. Missing this deadline typically bars you from recovering compensation. Some exceptions may apply in limited circumstances, such as when the death wasn't immediately discovered to be wrongful, but it's crucial to speak with an attorney as soon as you're ready to discuss your legal options.
Can I file a wrongful death claim if there's a criminal case?
Yes. Civil wrongful death claims and criminal prosecutions are entirely separate proceedings with different purposes. A criminal case seeks to punish the wrongdoer through fines or imprisonment, while a civil case seeks financial compensation for your family's losses. You can pursue both simultaneously, and a civil case may succeed even if criminal charges are not filed or result in acquittal—the burden of proof is lower in civil court.
What if my loved one was partially at fault for the accident?
Texas follows modified comparative negligence rules. If your loved one was partially at fault, your recovery may be reduced by their percentage of responsibility. However, as long as they were not more than 50% at fault, you can still recover damages. An experienced wrongful death attorney can help present the evidence to minimize any fault attributed to your loved one.
How much is a wrongful death case worth?
Every wrongful death case is unique. Value depends on factors including the deceased's age, earning capacity, their role in the family, the circumstances of the death, and the defendant's degree of negligence. We evaluate each case individually and work with experts to ensure all losses are properly valued.
Who receives the wrongful death settlement?
Settlement proceeds are distributed among eligible family members—surviving spouse, children, and parents. If family members cannot agree on distribution, the court may determine how to divide the recovery based on each person's relationship to the deceased and their individual losses.
Find more answers in our comprehensive FAQ section.
Related Practice Areas
Contact Our Wrongful Death Lawyers in Austin
We understand that this is an incredibly difficult time for your family. The decision to pursue legal action is personal, and we're here to support you whatever you decide. When you're ready to learn about your options, we're here to listen with compassion and provide guidance without pressure.
We can meet at our office, your home, or another location that's convenient for you. There's no cost for the initial consultation, and you'll never owe us anything unless we recover compensation for your family.