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Wrongful Death/Catastrophic Injuries
Understanding Wrongful Death Claims in Texas
Wrongful death occurs when someone dies due to another party’s negligence, recklessness, or intentional misconduct. In Austin and throughout Texas, surviving family members have the legal right to pursue compensation from those responsible for their loved one’s death—holding negligent drivers, dangerous property owners, reckless employers, and careless medical providers accountable.
Texas wrongful death law, codified under Texas Civil Practice and Remedies Code Chapter 71, allows specific family members to file claims seeking compensation for their losses. Unlike survival actions—which recover damages the deceased would have claimed—wrongful death claims compensate surviving family members for their own suffering and financial losses caused by the death.
Our wrongful death attorneys at Kelley Wolff Injury Attorneys understand that no amount of money can replace your loved one. However, compensation can provide financial stability during an incredibly difficult time, cover funeral and medical expenses, and ensure the responsible parties face consequences for their actions.
Texas law imposes a two-year statute of limitations for wrongful death claims, meaning families must act quickly to preserve their legal rights. Crucial evidence can disappear, witnesses’ memories fade, and defendants may attempt to hide assets. Consulting an experienced Austin wrongful death attorney immediately protects your family’s interests and strengthens your case.
Who Can File a Wrongful Death Claim in Texas
Surviving Spouse
The deceased’s surviving spouse has primary standing to file a wrongful death claim in Texas. Spouses can recover compensation for loss of companionship, loss of consortium, mental anguish, and the financial support the deceased would have provided throughout their lifetime.
Children of the Deceased
Both biological and legally adopted children can file wrongful death claims, regardless of age. Adult children and minor children have equal standing. Minor children’s claims are typically managed by a guardian ad litem who protects their interests throughout the legal process.
Parents of the Deceased
Parents can file wrongful death claims when their child dies due to negligence. This includes claims for adult children and minor children. Both biological and adoptive parents have standing, though specific circumstances may affect claim eligibility.
Estate Representatives
If no eligible family members file a wrongful death claim within three months, the personal representative of the deceased’s estate may file on behalf of all beneficiaries. This ensures that even when family relationships are complex, justice can still be pursued.
Common Causes of Wrongful Death in Austin
Motor Vehicle Accidents
Car accidents, truck collisions, and motorcycle crashes remain leading causes of wrongful death in Travis County. Austin’s growing traffic on I-35, MoPac Expressway, and downtown streets creates dangerous conditions where negligent, distracted, or intoxicated drivers cause fatal accidents. Our motor vehicle accident attorneys handle cases involving fatal collisions. According to the Texas Department of Transportation, thousands of Texans die in traffic accidents annually.
Medical Malpractice
When healthcare providers fail to meet accepted standards of care, patients can die from preventable causes. Surgical errors, misdiagnosis, medication mistakes, birth injuries, and emergency room negligence at Austin-area hospitals and clinics all constitute potential medical malpractice wrongful death claims. The Agency for Healthcare Research and Quality (AHRQ) tracks patient safety data and preventable medical errors nationwide.
Workplace Accidents
Construction site accidents, industrial incidents, and workplace negligence kill workers throughout the Austin area. While workers’ compensation may apply, families can often pursue wrongful death claims against third parties like equipment manufacturers, subcontractors, or property owners. Our workplace accident attorneys identify all liable parties. The Occupational Safety and Health Administration (OSHA) tracks workplace fatality statistics nationwide.
Premises Liability Deaths
Property owners who fail to maintain safe conditions can face wrongful death liability when visitors die from preventable hazards. Swimming pool drownings, slip and fall accidents resulting in fatal injuries, inadequate security leading to violent crimes, and dangerous conditions at Austin businesses and residences all support wrongful death claims.
Defective Products
Dangerous products that malfunction or lack adequate warnings can cause fatal injuries. Defective vehicles, faulty medical devices, dangerous pharmaceuticals, and hazardous consumer products all provide grounds for wrongful death claims against manufacturers, distributors, and retailers. The U.S. Consumer Product Safety Commission (CPSC) tracks product-related deaths and recalls.
Criminal Acts
When criminal conduct causes death, families can pursue civil wrongful death claims separate from criminal prosecution. These claims may target the perpetrator directly or third parties whose negligence enabled the crime—such as property owners with inadequate security or employers who failed to screen dangerous employees.
Types of Damages in Wrongful Death Cases
Economic Damages
Economic damages compensate for quantifiable financial losses. These include funeral and burial expenses, medical bills incurred before death, lost income the deceased would have earned throughout their working life, lost benefits including health insurance and retirement contributions, and the value of household services the deceased provided. Our attorneys work with economists and financial experts to calculate the full lifetime economic impact of your loss.
Non-Economic Damages
Non-economic damages address the profound personal losses that accompany wrongful death. Surviving family members can recover compensation for loss of companionship, loss of consortium for surviving spouses, loss of parental guidance for children, mental anguish and emotional suffering, and loss of inheritance. Texas does not cap non-economic damages in most wrongful death cases, allowing juries to award compensation reflecting the true magnitude of your loss.
Exemplary (Punitive) Damages
When defendants acted with gross negligence, fraud, or malice, Texas law permits exemplary damages to punish wrongdoing and deter similar conduct. Under Texas Civil Practice and Remedies Code Section 41.008, exemplary damages are generally capped at the greater of $200,000 or twice the economic damages plus up to $750,000 of non-economic damages. Evidence of drunk driving, intentional misconduct, or conscious disregard for human safety can justify exemplary damage awards.
Proving a Wrongful Death Claim
Establishing Duty of Care
Wrongful death claims require proving the defendant owed a duty of care to the deceased. Drivers owe duties to other motorists and pedestrians. Doctors owe duties to patients. Property owners owe duties to lawful visitors. Employers owe duties to employees. Our attorneys identify all parties who owed duties to your loved one.
Demonstrating Breach of Duty
We must prove the defendant breached their duty through negligent, reckless, or intentional conduct. This might involve a driver texting while driving, a doctor ignoring obvious symptoms, a property owner failing to fix dangerous conditions, or a manufacturer releasing a known defective product. Expert witnesses often testify about industry standards and how defendants fell short.
Proving Causation
The breach of duty must have directly caused or substantially contributed to your loved one’s death. Medical experts, accident reconstructionists, and forensic specialists help establish the causal connection between the defendant’s conduct and the fatal outcome. We address defense arguments about pre-existing conditions or intervening causes.
Documenting Damages
Finally, we document the full extent of damages suffered by surviving family members. Financial records, employment history, family testimony, and expert calculations establish economic losses. Personal testimony, photographs, and evidence of family relationships demonstrate non-economic damages like loss of companionship and mental anguish.
The Wrongful Death Claims Process
Free Case Evaluation
Your wrongful death case begins with a compassionate, thorough consultation at Kelley Wolff Injury Attorneys. We review the circumstances of your loved one’s death, identify potentially liable parties, and explain your legal options. This consultation is completely free, and we handle all wrongful death cases on contingency—you pay nothing unless we recover compensation.
Investigation and Evidence Preservation
Once retained, we immediately begin preserving crucial evidence. We obtain police reports, medical records, and autopsy results. We interview witnesses, photograph accident scenes, and secure surveillance footage before it’s deleted. We issue preservation letters preventing defendants from destroying relevant documents or physical evidence.
Filing and Litigation
We file your wrongful death lawsuit in the appropriate Travis County court or federal court if applicable. Our detailed complaint identifies all defendants, describes their negligent conduct, and specifies the compensation your family deserves. We then guide you through discovery, depositions, and pre-trial proceedings while handling all legal complexities.
Settlement Negotiations and Trial
Most wrongful death cases settle before trial, often for substantial amounts once defendants recognize the strength of our evidence. However, we prepare every case as if it’s going to trial. When defendants refuse fair settlements, our trial attorneys present compelling cases to Austin juries who consistently hold negligent parties accountable with significant verdicts.
Why Choose Kelley Wolff Injury Attorneys
Compassionate Legal Representation
We understand that wrongful death cases involve more than legal issues—they involve grieving families. Our attorneys approach every case with compassion and sensitivity, providing support while aggressively pursuing the compensation your family deserves. We handle the legal burden so you can focus on healing and honoring your loved one’s memory.
Local Austin Knowledge
Our attorneys know Austin—from dangerous intersections on I-35 and Highway 183 to local hospitals and healthcare systems. We understand Travis County courts, local judges, and how Austin juries respond to wrongful death evidence. This local knowledge allows us to build stronger cases tailored to our community.
Resources to Fight Powerful Defendants
Wrongful death defendants often include large corporations, insurance companies, and healthcare systems with unlimited legal resources. Kelley Wolff Injury Attorneys has the financial resources to retain top expert witnesses, conduct thorough investigations, and take cases to trial when necessary. We never recommend settlements just because a case requires more investment.
No Fee Unless We Win
We handle all wrongful death cases on contingency, meaning you pay no attorney fees unless we recover compensation for your family. We also advance all case expenses—expert witness fees, court costs, investigation expenses—so you face no financial risk pursuing justice for your loved one.
Contact Kelley Wolff Injury Attorneys Today
Losing a loved one to someone else’s negligence devastates families emotionally, physically, and financially. If you’ve lost a family member due to wrongful death in Austin or anywhere in Travis County, Kelley Wolff Injury Attorneys is ready to fight for the justice and compensation your family deserves.
Our wrongful death attorneys offer free, compassionate consultations to evaluate your case. We’ll review the circumstances of your loved one’s death, identify all liable parties, explain your legal options, and answer every question you have about pursuing compensation. We also handle related personal injury claims, pedestrian accidents, and bicycle accident cases throughout Central Texas. We understand this is an incredibly difficult time, and we approach every family with the sensitivity and respect they deserve.
Don’t let the statute of limitations expire on your wrongful death claim. Contact Kelley Wolff Injury Attorneys today to schedule your free consultation. We handle all wrongful death cases on contingency—you pay nothing unless we win your case.
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Frequently
Asked Questions
Your Top Questions Answered After a Tragic Loss or Life-Altering Injury
What should my family do first after a fatal Austin truck accident?
Preserve everything and contact an attorney quickly. Keep the police report, photos, and any records. Avoid giving recorded statements to the trucking company’s insurer. Early legal involvement lets us send same-day evidence-preservation letters and secure black box data before the carrier can overwrite it, protecting your family’s right to full recovery.
What does it cost to hire Kelley Wolff Injury Attorneys for a truck accident case?
Nothing upfront. We handle all truck accident wrongful death cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation. We also advance case expenses such as expert witnesses, accident reconstruction, and court costs. Your family faces no financial risk in pursuing a claim.
Can the trucking company be liable, or only the driver?
Both. Under respondeat superior, a trucking company is responsible for its drivers’ on-the-job conduct, and it can also face direct liability for negligent hiring, training, supervision, or maintenance. Because carriers carry larger insurance policies, holding the company accountable is often essential to full recovery for your family.
What if the truck driver was also charged criminally?
Your civil wrongful death claim proceeds independently of any criminal case, and you do not need a conviction to recover. Criminal court punishes the driver; your civil lawsuit recovers your family’s losses. Civil cases use a lower “more likely than not” standard, so you can win compensation even without criminal charges.
How much is a fatal truck accident case worth in Texas?
Value depends on the deceased’s earnings and life expectancy, the survivors’ relationship to them, the conduct involved, and available insurance. Fatal truck cases often recover more than car accident cases because carriers must carry at least $750,000 in coverage, and multiple corporate defendants can add additional policies to the recovery.
How long do I have to file a truck accident wrongful death claim in Texas?
You generally have two years from the date of death, under Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline almost always eliminates your right to compensation. The practical deadline is much shorter, however, because key electronic evidence can be erased within weeks of the crash if no one demands preservation.
How do FMCSA regulations affect my wrongful death claim?
A violation of Federal Motor Carrier Safety Administration rules—such as hours-of-service, maintenance, or driver-qualification requirements—is powerful evidence of negligence. Proving the driver or carrier broke a federal safety rule that was designed to prevent the crash can establish liability and significantly strengthen your family’s wrongful death case.
Who can file a wrongful death claim in Texas?
Only the surviving spouse, children, and parents of the deceased may file a wrongful death claim in Texas. Siblings cannot. Children of any age and both biological and adoptive parents have standing. If no eligible relative files within three months of the death, the estate’s representative may bring the claim for all beneficiaries.
What is a spoliation letter and why does it matter?
A spoliation letter is a formal legal demand telling the trucking company to preserve all evidence, including black box data, ELD records, driver logs, and dashcam footage. Once sent, it legally prohibits destruction of that evidence. If the company destroys it anyway, that can create a strong inference against them at trial.
How soon do I need to act after a fatal truck crash?
Immediately. A truck’s black box data can be legally overwritten within 30 days, and dashcam footage is often deleted within one to two weeks. Contacting an attorney quickly lets us send a spoliation letter demanding the trucking company preserve electronic data, driver logs, and the truck itself before that evidence disappears.
Who can be sued after a fatal truck accident in Texas?
You can sue the truck driver, the trucking company, the cargo loader, maintenance contractors, and parts manufacturers, depending on what caused the crash. Each may carry separate insurance, expanding the compensation available. Identifying every liable party is critical, since trucking companies often carry far higher coverage than an individual driver does.
What should my family do first after losing a loved one to a drunk driver in Austin?
Preserve everything and contact an attorney quickly. Keep the police report, medical records, and any photos. Avoid giving recorded statements to insurers. Early legal involvement lets us send evidence-preservation letters to bars before footage is erased and identify every liable party while the evidence is still fresh, protecting your family’s right to full recovery.
What does it cost to hire Kelley Wolff Injury Attorneys for a wrongful death case?
Nothing upfront. We handle all wrongful death drunk driving cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation. We also advance case expenses such as expert witnesses, investigation, and court costs. Your family faces no financial risk in pursuing a claim against the responsible parties.
Can my family still recover if my loved one was partly at fault?
Yes, as long as the deceased was 50% or less at fault, under Texas modified comparative fault rules. Your recovery is reduced by their percentage of fault, and recovery is barred only if they were 51% or more responsible. In drunk driving cases, juries rarely assign meaningful fault to victims, since impaired driving is extreme negligence.
Do I have to prove the driver was convicted to win my civil case?
No. Civil cases use a lower “more likely than not” standard, not the criminal “beyond a reasonable doubt” standard. You can win compensation even if charges were reduced, dismissed, or ended in acquittal. A conviction helps by settling the fault question, but it is not required for your family to recover damages in a Texas wrongful death claim.
What if the drunk driver had no insurance or not enough insurance?
Your family may still recover through your own uninsured/underinsured motorist coverage and through a dram shop claim against the bar that overserved the driver. We investigate every possible source of compensation—the driver, alcohol vendors, employers, and your own policy—so inadequate insurance from the at-fault driver does not leave your family without recovery.
How much is a drunk driving wrongful death case worth in Texas?
Value depends on the deceased’s earnings and life expectancy, the survivors’ relationship to them, funeral and medical costs, and the driver’s conduct. Because drunk driving is a felony, the cap on punitive damages does not apply, which can substantially increase awards. Cases involving young victims, high earners, or extreme recklessness often result in the largest recoveries.
How long do I have to file a drunk driving wrongful death claim in Texas?
You generally have two years from the date of death to file, under Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline almost always eliminates your right to compensation. Limited exceptions exist for minors, but families should contact an attorney immediately to preserve both their deadline and fragile evidence like bar surveillance footage.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for their losses, while a survival action recovers what the deceased personally suffered before death. That includes pre-death pain, suffering, and medical bills. Both claims can arise from the same drunk driving crash, and pursuing them together maximizes your family’s total recovery under Texas law.
Who is allowed to file a wrongful death claim in Texas?
Only the surviving spouse, children, and parents of the deceased may file a wrongful death claim in Texas. Siblings cannot. Children of any age and both biological and adoptive parents have standing. If no eligible relative files within three months of the death, the estate’s representative may bring the claim on behalf of all beneficiaries.
Can I sue the bar that overserved the drunk driver who killed my loved one?
Yes. Under Texas dram shop law, a bar or restaurant can be liable if it served alcohol to an obviously intoxicated person who then caused a fatal crash. You must show the establishment served someone clearly intoxicated and that the overservice caused the death. These claims often provide major additional recovery, especially when the driver’s insurance is inadequate.
What is the difference between criminal restitution and a civil wrongful death claim?
Restitution is limited reimbursement a criminal judge orders for documented expenses like funeral bills. A civil wrongful death claim is broader, recovering lost income, lost companionship, mental anguish, and punitive damages. Restitution rarely covers a family’s true losses, which is why a separate civil claim is essential for full financial recovery in Texas.
Can I file a wrongful death lawsuit if the drunk driver is also facing criminal charges?
Yes. Your civil wrongful death claim proceeds completely independently of the criminal case. You do not have to wait for the criminal trial to finish. Criminal court punishes the driver and may order limited restitution; your civil lawsuit recovers your family’s full losses, including lost companionship and mental anguish that restitution never covers.
What if the Responsible Party Has No Insurance or Assets?
You may still have recovery options. Other liable parties with insurance may share responsibility.
Your loved one’s uninsured/underinsured motorist coverage may apply in vehicle accidents. Multiple defendants often mean multiple insurance policies. Our attorneys thoroughly investigate all potential sources of recovery, including identifying defendants’ hidden assets or additional responsible parties.
Can I File a Wrongful Death Claim Against a Government Entity?
Yes, but claims against government entities face special rules under the Texas Tort Claims Act.
You must provide formal notice within six months for claims against cities and local governments, and sovereign immunity limits the types of recoverable claims. Government wrongful death claims require experienced attorneys familiar with these complex procedural requirements.
What Evidence is Important in a Wrongful Death Case?
Critical evidence includes death certificates, autopsy reports, police and accident reports, medical records, witness statements, photographs and videos of the scene, the deceased’s employment and financial records, and evidence demonstrating family relationships. Expert testimony from accident reconstructionists, medical professionals, and economists often proves essential to establishing liability and damages.
How Long Do Wrongful Death Cases Take to Resolve in Austin?
Most wrongful death cases resolve within 18 months to three years, depending on case complexity, number of defendants, and whether trial becomes necessary.
Cases with clear liability and adequate insurance may settle within a year. Complex cases involving multiple defendants, disputed causation, or medical malpractice typically take longer due to extensive discovery requirements.
What is the Statute of Limitations for Wrongful Death Claims in Texas?
Texas imposes a two-year statute of limitations for wrongful death claims, starting from the date of death.
Missing this deadline typically bars your family from recovering any compensation, regardless of how strong your case is. Some exceptions exist for minors, but families should consult an attorney immediately to protect their rights under Texas law.
What is the Difference Between Wrongful Death and Survival Actions in Texas?
Wrongful death claims compensate surviving family members for their own losses—loss of companionship, lost financial support, and mental anguish.
Survival actions, in contrast, recover damages the deceased could have claimed if they survived—pain and suffering before death, medical expenses, and lost wages. Both claims may arise from the same incident.
Can I File a Wrongful Death Lawsuit if Criminal Charges Are Pending?
Yes, civil wrongful death claims proceed independently from criminal prosecutions.
You don’t need to wait for criminal proceedings to conclude before filing your civil case. The burden of proof differs significantly—criminal cases require proof beyond a reasonable doubt, while civil cases only require preponderance of the evidence, making civil recovery often easier to obtain.
How Much is a Wrongful Death Case Worth in Texas?
Wrongful death case values depend on multiple factors: the deceased’s earning capacity and life expectancy, funeral and medical expenses, the relationship between survivors and deceased, the circumstances of death, and the defendant’s degree of fault. Cases involving high earners, young victims, or egregious conduct often result in larger settlements or verdicts.
What if My Loved One Was Partially at Fault for the Accident?
Texas follows a modified comparative fault rule under which families can still recover if the deceased was 50% or less at fault.
Your recovery is reduced by the deceased’s percentage of fault. However, if the deceased was 51% or more responsible, no recovery is permitted. Defendants often exaggerate victim fault, making strong legal representation critical.
Can I Sue for Wrongful Death if My Family Member Died in a Workplace Accident?
Often yes, but it depends on who caused the death. While workers’ compensation generally prevents lawsuits against employers, you can pursue wrongful death claims against negligent third parties—equipment manufacturers, subcontractors, property owners, or drivers who caused workplace fatalities. Many families recover substantially more through third-party claims than workers’ comp alone provides.
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Mr. Colin and his team are wonderful. They helped me through this long drawn out process, made me feel comfortable during the deposition and mediation also through this whole process which started in September 2024. Answered every question I had. They always stayed in touch with me when they said they were going to. We did settle on a number more than what I anticipated. I would recommend Mr. Colin for any injury Lawyer in the Austin area.
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