Losing a loved one in a fatal car accident is a devastating experience, leaving families overwhelmed with grief, financial burdens, and unanswered questions. At Howry, Breen & Herman, LLP, we understand the pain and hardship that comes with such a tragic loss. Our team is committed to helping families in Austin, TX, navigate the complex legal process and seek justice for their loved ones.
If you have lost a family member due to someone else's negligence or reckless driving, you may be entitled to compensation. Our experienced Austin fatal car accident attorneys are here to provide the legal guidance and support you need during this difficult time.
Fatal car accidents can occur for a variety of reasons, many of which are preventable. Some of the most common causes include:
Drunk Driving: Intoxicated drivers pose a significant risk to others on the road, leading to devastating crashes.
Distracted Driving: Texting, talking on the phone, eating, or using in-car entertainment systems can lead to fatal collisions.
Speeding: Excessive speed reduces reaction time and increases the severity of crashes.
Reckless Driving: Aggressive driving behaviors, such as tailgating, weaving through traffic, and failing to yield, can be deadly.
Weather Conditions: Rain, fog, and other adverse weather conditions can contribute to fatal accidents.
Defective Auto Parts: Malfunctioning brakes, airbags, or tires can lead to catastrophic crashes.
Road Hazards: Poor road maintenance, potholes, and construction zones can create dangerous conditions for drivers.
If your loved one was killed in a car accident due to any of these factors, our legal team can help you determine the best course of action.
Car Accident & Wrongful Death Laws in Texas
Texas law allows surviving family members to file a wrongful death claim when a loved one dies due to another party’s negligence. Under Texas Civil Practice and Remedies Code § 71.002, a wrongful death occurs when an individual’s passing is caused by a wrongful act, neglect, carelessness, or unskillfulness of another.
Who Can File a Wrongful Death Claim in Texas?
The following parties are eligible to file a wrongful death claim in Texas:
The surviving spouse
Children (biological or legally adopted)
Parents of the deceased
If none of these family members file a claim within three months of the death, the personal representative or executor of the deceased’s estate may file on behalf of the family.
Time Limits for Filing a Claim
Texas has a two-year statute of limitations for wrongful death lawsuits. This means you have two years from the date of the fatal accident to file a claim. Missing this deadline can result in losing your right to seek compensation.
Our knowledgeable Austin fatal car accident lawyers can help ensure your claim is filed correctly and within the required time frame.
Compensation from a Fatal Car Accident
Families who have lost a loved one in a fatal car accident may be entitled to various forms of compensation, including:
Medical Expenses: Any medical treatment the deceased received before passing away.
Funeral & Burial Costs: Expenses related to the burial and funeral services.
Loss of Financial Support: Compensation for the loss of the deceased’s income and benefits.
Loss of Companionship: Emotional suffering and loss of love, guidance, and support.
Pain and Suffering: Compensation for the emotional distress and trauma suffered by surviving family members.
Punitive Damages: In cases involving extreme negligence or intentional wrongdoing, additional damages may be awarded to punish the responsible party.
At Howry, Breen & Herman, LLP, we fight tirelessly to ensure you receive full and fair compensation for your loss.
How We Can Help
Navigating a wrongful death claim can be overwhelming, especially while dealing with grief. Our skilled Austin fatal car accident attorneys can assist you in the following ways:
Investigating the Accident: Gathering evidence, police reports, and expert opinions to build a strong case.
Determining Liability: Identifying the responsible parties, whether another driver, a vehicle manufacturer, or a government entity.
Negotiating with Insurance Companies: Handling all communication and ensuring you receive a fair settlement.
Filing a Lawsuit if Necessary: Taking your case to court if a fair settlement cannot be reached.
We are committed to securing justice for your loved one and ensuring those responsible are held accountable.
I could not have found more caring people, better lawyers or a better law firm than Howry Breen & Herman.
M.A.
“We are so grateful they believed in us and partnered with us to handle this case!”
We don’t have enough words to describe how thankful we are for everything HBH did to win our business case for us. We are so grateful they believed in us and partnered with us to do it. They are amazing at what they do and we could not have had a better team. They made an enormous, positive difference for us and our business. I could not recommend them more highly.
J.K.
“We were always one step ahead!”
My lawyers at HBH were so smart and aggressive – we were always on offense and one step ahead. They just kept hammering and the other side had no answer.
T.B.
“Best in the Business, Strongly Recommend”
HBH went above and beyond to help out following a crisis. Over the course of a 3 year case, I was always kept in the loop by their amazing team. Their preparation and execution was flawless and made the whole process run smoothly. Cannot speak highly enough of their team and how they care for their clients. Will never recommend another personal injury firm besides HBH.
Since 1997, the "Lead Counsel Verified" status has been granted to attorneys who possess:
- The Right Professional Experience
- A Spotless Record
Law.com: Top 100 Verdicts 2024
Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 9 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
The Austin Bar Association was founded in 1893 as a nonprofit professional organization for attorneys. Its mission is to enhance the legal profession, administration of justice, and the community through education, networking, and public service.
Abota Foundation Patriot
Howry Breen & Herman, LLP was selected the Top Personal Injury Law Firm in Austin by Texas Lawyer, “Best of 2020”. The annual special supplement contains the results of Texas Lawyer readers’ poll, wherein readers cast their votes for the best providers of services and goods to the legal profession.
Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
Best Lawyers - Lawyer of the Year | Personal Injury Litigation – Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (since 2017) and Randy Howry (since 2018) are honored to receive this award.
America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2022) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
Expertise - Howry Breen & Herman was recognized and featured in an article by expertisecommunity.com as one of the Best Real Estate Lawyers in Austin. 2020
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to premier trial attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by strict qualification requirements. Sean Breen Top 100 Civil Plaintiff, since 2009.
Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
The Best Lawyers in America® recognizes the top 5% of the most skilled attorneys in the nation. The robust selection process requires attorneys to nominate and review fellow lawyers based on their ethics, skill, knowledge, and ability to obtain results for their clients. The Best Lawyers in America® list is a way for plaintiffs to identify the leading attorneys in their region, known for their ability to get results with honesty, strength, and skill. Tim Herman, Sean Breen & Randy Howry have been featured by The Best Lawyers in America® (consecutively from 2006-2023) running alongside some of the most qualified firms in the nation. More info here.
Top Attorneys As Published In Texas Monthly
Sean Breen has been recognized for obtaining the Number 1 Verdict in Texas for electrical injury and utility negligence. This win underscores his relentless commitment to achieving justice for his clients and showcases the firms dedication to exceptional advocacy.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2016. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen has been a member of the Multi-Million Dollar Advocates Forum since 2011, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts.
Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Randy Howry (2018), Sean Breen (2001), Tim Herman (1998), and Glen Wilkerson (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have attorneys who have been selected for inclusion in the prestigious Texas Super Lawyers® List, by Thomas Reuters since 2003, running through 2020.
Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. Randy Howry is proud to be honored with a Lifetime Charter Membership in this exclusive organization (2017).
Randy Howry was honored by Austin Monthly’s Top Attorneys in 2023.
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