If you are here, your family is going through something no one should have to face. We are sorry for what happened. And while nothing will undo this loss, you deserve to know that someone will stand beside you and fight for the accountability your family is owed.
When you call our firm, you speak directly with your attorney. We keep our caseload small on purpose, because families dealing with this kind of tragedy deserve more than a case number. They deserve someone who will listen first, then act.
Call us at (512) 642-2676 for a free consultation. We will answer your questions and walk through your options at no cost. Hablamos español.
What Is a Wrongful Death Claim Under Texas Law
A wrongful death claim is a civil action filed when someone dies because of another party’s negligence or recklessness. Chapter 71 of the Texas Civil Practice and Remedies Code governs these cases and allows certain family members to seek compensation for the losses caused by the death.
This is separate from a criminal proceeding. Even if no charges are filed, families can still bring a wrongful death lawsuit. The burden of proof is lower than in a criminal case; your attorney must show that the defendant’s actions more likely than not caused the fatal injuries.
Who Can File a Wrongful Death Lawsuit in Texas
Texas law limits standing to specific immediate family members:
- The surviving spouse of the deceased
- Children of the deceased (biological or adopted)
- Parents of the deceased
If none of these family members file within three months, the executor of the estate may bring the claim on the family’s behalf. Siblings and extended relatives do not have standing under Texas law.
Common Causes of Fatal Accidents in Austin
Austin is a fast-growing city. More traffic, more construction, and a booming economy all contribute to the types of fatal accident cases our wrongful death lawyers handle across Travis County.
Motor Vehicle Accidents
Motor vehicle accidents remain a leading cause of wrongful death in Austin. Distracted driving, speeding on I-35 and MoPac, drunk driving along Sixth Street, and commercial truck collisions on Highway 183 all produce devastating outcomes. These cases often involve insurance disputes and require an aggressive approach to hold at-fault drivers accountable.
Medical Malpractice
Surgical errors, misdiagnosis, and medication mistakes qualify as medical malpractice when they cause death. These claims involve complex evidence and require an attorney who knows how to gather the right documentation and present the case effectively.
Workplace Accidents
Construction sites and industrial facilities across Austin see fatal workplace incidents every year. Falls, electrocution, and heavy equipment malfunctions often involve multiple responsible parties.
Defective Products and Premises Liability
Faulty vehicles, dangerous medications, and unsafe property conditions can all cause injuries that turn deadly. Product liability and premises liability claims hold negligent parties accountable for releasing dangerous products or failing to maintain safe conditions.
How to Prove Liability in a Wrongful Death Case
To recover damages in a wrongful death lawsuit, your attorney must establish four elements.
Duty of Care
The at-fault party owed your loved one a duty of care. Drivers must operate vehicles safely. Doctors must follow accepted medical standards. Property owners must maintain safe premises.
Breach of Duty
Your attorney must show the defendant failed to act as a reasonable person would. That might involve running a red light, skipping a safety inspection, or ignoring a known hazard.
Causation
The breach must have directly caused or contributed to the death. Witness statements, accident reports, and medical records help establish this connection. We work with reconstruction professionals to prove liability in complex cases.
Resulting Losses
Your family must show real, measurable losses that resulted from the death. These losses form the basis of your claim, and we cover them in detail below.
Damages Your Family Can Pursue
Texas law allows families to seek both economic and non-economic damages in a wrongful death lawsuit. The goal is fair compensation that addresses both the financial and the deeply personal impact of your loss.
Economic Damages
These cover the tangible financial losses your family has suffered:
- Lost income and future earning capacity
- Medical bills incurred before death
- Funeral and burial expenses
- Loss of benefits such as health insurance and retirement
Non-Economic Damages
These address losses that do not carry a specific dollar amount but are no less real. Families can seek compensation for mental anguish, emotional suffering, and loss of companionship. The guidance, comfort, and day-to-day support your loved one provided all factor into these calculations. Texas courts recognize that the death of a parent, spouse, or child affects every part of daily life.
Punitive Damages
In cases involving gross negligence or intentional wrongdoing, families may also pursue punitive damages. These are designed to punish reckless conduct and are not available in every case.
Understanding Survival Claims
A survival claim is different from a wrongful death claim. While the wrongful death claim compensates the family for their own losses, a survival action addresses what the deceased person experienced before death: pain, suffering, medical treatment costs, and lost wages during that period.
The survival action is brought through the estate. In many cases, families pursue both actions together to seek the fullest possible recovery.
Filing Deadlines
Under Texas law, the statute of limitations for a wrongful death claim is two years from the date of death. If that window closes, your family loses the right to seek justice entirely.
Two years sounds like enough time, but building a strong case takes months. Evidence disappears and reports get filed away. That is why we encourage families to reach out soon after a fatal accident. A loved one’s death should not go unanswered because of a missed deadline.
Claims Against Government Entities
If a family member died because of government negligence, special rules apply. The Texas Tort Claims Act requires a formal notice within six months, and there are caps on recovery amounts. The added complexity makes it critical to work with an attorney who understands these procedures and can protect your family’s claim from the start.
How Insurance Companies Fight Wrongful Death Claims
Insurance companies want to minimize payouts. Adjusters may push a quick settlement that falls far short of what your family’s claim is actually worth.
Common tactics include:
- Disputing negligence or the cause of death
- Delaying the process to pressure families into settling
- Undervaluing lost income and other economic damages
- Shifting blame onto the deceased
We handle all communication with insurance companies so you can focus on your family. We push back against lowball offers and fight to protect your rights.
Why Austin Families Choose The Pabst Law Firm
We know hiring an attorney is not something you planned for. The process can feel overwhelming at a time when you are already stretched thin. That is why our firm operates the way it does.
Family-Run, Relationship-Focused
Frank and Nicky Pabst built this practice on a simple belief: families going through tragedy deserve personal attention, not a case number. When you hire us, you work directly with your attorney from the first call to the final resolution.
Coverage Strategy From Day One
We focus on identifying every source of recovery from day one. Our approach helps reduce the financial burden during an already difficult time and positions your claim for the strongest possible outcome.
Bilingual Legal Services
We serve families in English and Spanish. Language should never be a barrier when you need legal help to protect your family’s future.
What It Costs
We handle wrongful death cases on a contingency basis. That means you pay no legal fees unless we secure a recovery. Every case is different. The value depends on factors like the person’s age, earning history, number of dependents, and the severity of negligence involved.
Steps to Take After a Fatal Accident
Preserve Evidence
Keep copies of accident reports, police reports, and medical bills. Photograph the scene and save any communication from insurance companies or the responsible party.
Do Not Speak to Adjusters Alone
Insurance companies may try to record your statement. Anything you say can be used to reduce your claim. Let your attorney handle those conversations.
Contact an Attorney
Time matters. Evidence fades and deadlines pass. Reaching out early gives your attorney the best chance to protect your rights while you focus on your family.
(512) 641-2676