Wrongful Death Lawyers in Austin, Texas
A wrongful death claim arises when someone dies due to another party's negligence, recklessness, or intentional act. Which relatives may bring the claim is set by state law. In Texas, for example, it is the surviving spouse, children, and parents of the deceased. These cases are deeply personal, and an experienced attorney can handle the legal complexities while your family focuses on healing.
Wrongful Death Law in Texas
Texas has its own distinct legal landscape that affects personal injury cases. The state follows a modified comparative fault rule — you can recover damages as long as you are not more than 50% responsible for the incident. Texas also has specific caps on certain types of damages in medical malpractice cases, and a two-year statute of limitations for most personal injury claims.
Key Texas Statutes
- Two-year statute of limitations for personal injury (Texas Civil Practice and Remedies Code, Chapter 16)
- Modified comparative fault — recovery barred if you are 51% or more at fault (Chapter 33)
- Medical malpractice non-economic damage caps of $250,000 per provider, $500,000 for hospitals (Chapter 74)
- Texas is a "fault" state for car accidents — you can file against the at-fault driver
- Employers may opt out of workers' compensation — Texas is the only state that allows this
Common Wrongful Death Situations in Austin
- Fatal car, truck, or motorcycle accidents
- Medical malpractice resulting in death
- Workplace fatalities
- Defective product-related deaths
- Premises liability deaths
- Criminal acts resulting in death
Frequently Asked Questions
Who can file a wrongful death claim?
This is defined by each state. In Texas, for example, the surviving spouse, children, and parents of the deceased can file, and the claim must be brought within two years of the death.
What damages are available in a wrongful death claim?
Damages may include loss of earning capacity, loss of care and companionship, mental anguish, funeral and burial expenses, and medical expenses incurred before death. Each eligible family member can recover their own damages.
This page is for informational purposes only and does not constitute legal advice. No two situations are the same — consult a qualified attorney for guidance on yours.
Find a Wrongful Death Lawyer in Austin
Describe your situation and get matched with an experienced Austin wrongful death attorney.
Free, always. No account needed to get started.