Wrongful Death Attorneys in Austin, Texas

Texas wrongful death law exists to give families a path to financial recovery when negligence takes someone from them. The Texas Wrongful Death Act (Texas Civil Practice and Remedies Code §71.001-71.011) and the Texas Survival Statute (§71.021) are two distinct claims that often run together in the same case. Understanding the difference — and pursuing both where applicable — is the first thing a competent wrongful death attorney does.

The Wrongful Death Act allows certain surviving family members — spouse, children, and parents — to sue for their own losses resulting from the death. These include loss of financial support, loss of companionship and consortium, mental anguish, and loss of parental guidance for children who lost a parent.

The Survival Statute allows the deceased's estate to pursue claims for the pain and suffering, medical bills, and other damages the deceased experienced between the negligent act and their death. These two claims are separate, have separate recoveries, and sometimes different defendants in terms of what evidence matters most.

In wrongful death cases involving car accidents, workplace incidents, or medical malpractice, the statute of limitations is generally two years from the date of death. Given the complexity of these cases — multiple defendants, expert witnesses, and large damages calculations — waiting costs you. Contact an attorney as soon as you are able.