Written by Travis S. Kelley

Losing a family member is devastating under any circumstances. When that death could have been prevented — when a doctor missed a diagnosis, a nurse gave the wrong medication, or a surgeon operated on the wrong site — the grief is complicated by anger and legitimate questions about accountability. I handle wrongful death cases across Texas, and medical negligence claims are among the most emotionally complex work I do. Families come to me months after a loss, often still carrying unanswered questions from the hospital, still wondering if they had any right to pursue justice.

If you’re in that position right now, this post is written for you. Below I address the most common questions I hear from families in Austin who are trying to understand what their legal options look like — from hospital negligence to dangerous roads, dog attacks, and rideshare accidents. At Kelley Wolff Injury Attorneys | Austin Accident Lawyers, we represent families who have suffered these kinds of losses, and we offer free consultations to help you understand where you stand before committing to anything.

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Do I Have a Wrongful Death Case if the Hospital Made a Mistake That Killed My Family Member in Austin?

Yes, you may have a wrongful death case — but the answer depends on whether the hospital’s conduct fell below the accepted standard of medical care and whether that failure directly caused your family member’s death.

Texas law defines wrongful death under the Texas Civil Practice and Remedies Code, Chapter 71. A wrongful death claim exists when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default of another.” Hospitals and their employees are not immune from that standard. Medical malpractice resulting in death is one of the most recognized categories of wrongful death claims in Texas.

What does “below the standard of care” mean in practice? It means the hospital or provider did something a reasonably competent medical professional in the same field would not have done — or failed to do something they should have. Common examples I see in Austin cases include delayed diagnosis of a stroke or heart attack, surgical errors, anesthesia mistakes, failure to monitor a patient after a procedure, medication errors, and inadequate responses to post-operative complications. The CDC’s National Center for Health Statistics consistently shows medical errors rank among the leading preventable causes of death in the United States.

There are two important practical issues in Texas hospital wrongful death cases. First, Texas requires an expert report. Under Texas Civil Practice and Remedies Code Section 74.351, you must serve the defendant with a written report from a qualified medical expert within 120 days of filing suit. That report must explain the applicable standard of care, how it was breached, and how the breach caused the death. This requirement means you need an attorney early — gathering medical records, identifying qualified experts, and meeting that 120-day deadline takes time.

Second, Texas has a two-year statute of limitations for wrongful death claims. You have two years from the date of death to file. Missing that deadline almost always means losing your right to compensation entirely. I’ve spoken with families who waited 18 months before reaching out to a lawyer, thinking they had more time. The clock starts at death, not at the point you receive a medical opinion confirming negligence. Don’t wait.

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Can I Sue for Wrongful Death if My Family Member Was Killed on a Dangerous Highway or Road in Austin?

Yes. If a defective road design, inadequate signage, poor lighting, or a missing guardrail contributed to a fatal accident, you may be able to bring a wrongful death claim against the government entity responsible for that road. This is different from a standard car accident claim — you’re suing the state, city, or county, not just another driver.

Several stretches of highway in and around Austin have a documented history of serious crashes. MoPac, I-35 through the downtown corridor, and sections of US-183 all see significant accident volumes. When a road itself is the hazard — when a curve lacks adequate warning signs, a lane merge is poorly designed, or a barrier is missing — the Texas Department of Transportation or the City of Austin may bear legal responsibility.

These claims have specific procedural requirements. Under the Texas Tort Claims Act, you must file a formal notice of claim with the relevant government agency before filing suit, typically within six months of the incident. Sovereign immunity limits what you can recover, but wrongful death cases involving motor vehicle accidents on public roads are specifically allowed under the Act.

You may also have a claim against a private party — a construction company, a contractor who performed road maintenance, or an engineer who designed the roadway. Our Austin motor vehicle accident attorneys investigate both angles when we take these cases. The interplay between government liability and private contractor liability is something I’ve had to untangle in more than a few Austin highway cases, and getting the list of defendants right from the start matters.

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What Compensation Can Surviving Family Members Recover in a Texas Wrongful Death Case?

Texas law allows surviving family members to recover both economic and non-economic damages. What’s available depends on who is filing the claim and the facts of the case.

Under Chapter 71 of the Texas Civil Practice and Remedies Code, eligible family members — typically a spouse, children, and parents — can recover for the following categories. Lost financial support covers the income and financial contributions the deceased would have provided over their lifetime. Funeral and burial expenses are recoverable. Loss of services covers the household and practical contributions the deceased made. Loss of companionship, care, comfort, and guidance are recoverable non-economic damages. Mental anguish suffered by surviving family members is also compensable.

In my experience, the loss of financial support calculation is often the largest component of a wrongful death claim when the deceased was a working adult with dependents. Economists who specialize in these calculations look at the person’s age, education, earning history, and projected career trajectory. A 38-year-old engineer with 30 years of earning potential ahead of them produces a very different damages figure than a retired individual.

Texas also allows a survival claim — separate from the wrongful death claim — that covers the damages the deceased person personally suffered between the time of the negligent act and their death. This can include medical expenses, pain, and mental anguish experienced before death.

One thing Texas does limit is damages against governmental entities under the Texas Tort Claims Act. Damage caps apply in those situations, which is one reason identifying all available defendants early in a case matters so much.

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Can I Sue for Wrongful Death if My Family Member Was Killed by a Dog Attack in Austin?

Yes. A fatal dog attack can support a wrongful death claim under Texas law. Texas follows a “one bite rule” framework, which means you generally need to show the dog’s owner knew or should have known the animal had dangerous propensities — prior biting incidents, aggressive behavior, or a history of threatening people. However, Travis County and the City of Austin also have local animal control ordinances that impose duties on owners regardless of prior bite history, and violations of those ordinances can support a negligence claim.

These cases are genuinely tragic. The victim is often a child or an elderly adult, and the liability question centers on what the owner knew and whether they took reasonable steps to control the animal. Our Austin dog bite attorneys handle these claims regularly, and in wrongful death situations, the damages available mirror what I described above — loss of financial support, loss of companionship, mental anguish, and funeral expenses.

Homeowners’ or renters’ insurance is often the source of recovery in dog attack cases. One practical step to take immediately after a fatal dog attack is preserving records of any prior complaints about the dog filed with Austin Animal Services or Travis County. Those records can be critical evidence of the owner’s knowledge of the animal’s dangerousness.

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Can I Sue a Rideshare Company Like Uber or Lyft Directly for the Wrongful Death of My Family Member in Austin?

This is a question I get often, and the honest answer is: it depends on how the accident happened and what the driver was doing at the time.

Uber and Lyft classify their drivers as independent contractors, not employees. Under Texas law, an employer is generally not liable for the negligence of an independent contractor. Both companies have litigated this classification aggressively to shield themselves from direct liability in accident cases.

That said, there are circumstances where a direct claim against Uber or Lyft may be viable. If the company was negligent in its own conduct — for example, by retaining a driver with a known history of reckless driving, or by failing to adequately vet the driver during the background check process — you may have a claim based on negligent hiring or negligent retention. FindLaw provides a useful primer on these theories for general reference, but the analysis in any specific case requires looking closely at the driver’s history and what the company actually knew.

You should also know that both Uber and Lyft maintain insurance coverage tied to the driver’s status within the app at the time of the accident. Texas law requires specific coverage tiers. When a driver has the app on and is waiting for a ride request, coverage is reduced. When a driver is actively transporting a passenger or en route to pick one up, a $1 million liability policy applies. If your family member was killed as a passenger in a rideshare vehicle, or by an Uber or Lyft driver while in another vehicle, that $1 million policy may be available.

The American Bar Association has published analysis noting that rideshare litigation is still an evolving area of law across most states, and Texas is no exception. Getting an attorney involved quickly means preserving evidence from the app data, driver history, and the company’s own records — all of which can disappear or become harder to access over time.

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Can I File a Wrongful Death Claim if My Family Member Died in an Uber or Lyft Accident in Austin?

Yes, and this is distinct from suing the rideshare company directly. In a wrongful death claim following a rideshare accident, the primary defendant is usually the driver — but the insurance coverage available is often far larger than in a typical car accident because of the commercial policies Uber and Lyft are required to carry under Texas law.

If your family member was a passenger in an Uber or Lyft vehicle that was involved in a fatal crash, or if they were a pedestrian or another driver killed by a rideshare vehicle, you have the same wrongful death claims available under Texas Chapter 71 as in any other accident case. The difference is that the insurance structure is layered and can be complex. The driver may have personal auto insurance, Uber or Lyft’s contingent coverage may apply, and the $1 million commercial policy may be triggered depending on the driver’s app status at the time.

Our Austin car accident attorneys have handled rideshare accident cases, and the insurance coverage disputes are often where these cases get contested. Companies like Uber and Lyft have in-house legal teams and experienced outside counsel — families going through grief should not try to manage those negotiations alone.

One thing I always tell clients in rideshare cases: do not speak to any insurance adjuster — from the rideshare company or the driver’s personal insurer — without first speaking to a lawyer. Adjusters are trained to gather information that limits the company’s exposure, and statements made in the days after a loss can complicate your claim significantly. Justia’s legal resources offer background on wrongful death law if you want to read more before making any decisions.

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What to Do Right Now if You’ve Lost Someone?

If you believe negligence caused your family member’s death — whether in a hospital, on a Texas highway, in a rideshare vehicle, or in a dog attack — here is what I recommend doing immediately.

Preserve everything. Gather medical records, incident reports, photographs, and any communication with the party you believe is responsible. Don’t delete text messages. Write down everything you remember about the circumstances while the details are fresh.

Don’t sign anything. Hospitals, insurance companies, and rideshare platforms may approach you quickly with paperwork or settlement offers. Don’t sign a release of liability without understanding exactly what rights you’re giving up.

Talk to a lawyer before the deadline runs. Texas’s two-year statute of limitations applies to most wrongful death claims, but government claims have shorter notice requirements — sometimes as short as six months. The sooner you speak with an attorney, the better your evidence preservation options are.

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Talk to Our Team

Kelley Wolff Injury Attorneys | Austin Accident Lawyers represents families who have lost loved ones due to someone else’s negligence. We work on a contingency fee basis — you pay nothing unless we recover for you. You can learn more about our team and our background before reaching out.

If you have questions about a potential wrongful death case, contact us to schedule a free consultation. We serve families throughout Austin and across Texas.

Call us at (512)-470-6068 or visit our Austin office at 17800 Hamilton Pool Rd Ste. 203, Austin, TX 78738, United States.