There is nothing more difficult than dealing with the death of a family member. Knowing that your loved one's death could have and should have been prevented can make the healing process even more difficult. At Howry Breen & Herman, we strive to hold negligent parties liable for their actions. With nearly 25 years of legal experience, our Austin wrongful death attorneys can help you fight for the justice and recovery you deserve. We understand how difficult your situation is, which is why we provide compassionate, personalized legal services and uncompromising representation you can count on. We are here to help you navigate the legal system so that you can focus on grieving, honoring the lost one, and moving forward.
Wrongful death refers to a legal claim brought against a person or entity (such as a company or organization) whose negligent, reckless, or intentional actions result in someone's death. It is a civil action filed by the surviving family members or beneficiaries of the deceased seeking compensation for the losses they have suffered due to the death. There are many different types of incidents that can lead to a wrongful death.
At Howry Breen & Herman, we have handled wrongful death claims resulting from:
If your loved one was killed, and you believe negligence played a role, our firm can help. Our Austin wrongful death lawyers will look at every aspect of your situation in order to determine the best course of action. No matter how complex or difficult your case may be, we can provide answers to your questions as we work to build a strong case on your behalf.
An Overview of Wrongful Death Law
Experiencing the loss of a loved one due to someone else's negligence is an incredibly painful ordeal. At Howry, Breen & Herman, LLP, we believe that understanding your legal rights in such tragic circumstances is crucial for your peace of mind and for seeking justice. Our compassionate team is here to guide you through the complexities of wrongful death claims, ensuring that you are informed every step of the way.
Here are some key points to consider regarding your rights:
Right to Compensation: You may be entitled to seek compensation for medical expenses, funeral costs, lost income, and emotional suffering.
Statute of Limitations: It's important to be aware of the time limits for filing a wrongful death claim in Texas. Typically, you have two years from the date of death to initiate legal proceedings.
Who Can File: In Texas, only certain individuals, such as immediate family members, can file a wrongful death claim. Understanding your standing is essential.
Proving Negligence: To succeed in a wrongful death case, you must demonstrate that the death resulted from another party's negligence or wrongful actions.
Our experienced attorneys will work diligently to gather evidence, build a strong case, and advocate for your rights in negotiations or court. We understand that this is a sensitive time, and we are committed to providing you with the support you need.
Contact us today for a free consultationto discuss your situation and learn how we can help you seek justice for your loved one.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law states who can—and who cannot—file a wrongful death claim. A surviving spouse, child, or parent of the decedent may file a claim. An adopted child or the adoptive parent(s) of the decedent may also file a claim if the adoption was legal and fully completed prior to the accident. Unfortunately, Texas law does not allow siblings to file a wrongful death claim if their brother or sister is killed.
The surviving spouse, child, or parent of the decedent may pursue certain damages, including but not limited to:
It is also important to note that the statute of limitations for filing a wrongful death claim in Texas is two years. This means that surviving family members have two years from the date of death to file a claim.
Proving a Wrongful Death Lawsuit in Texas
In Texas, proving a wrongful death claim involves establishing several key elements. These elements typically include:
Duty of Care: The plaintiff (the person bringing the lawsuit) must demonstrate that the defendant (the person or entity being sued) owed a duty of care to the deceased. This duty of care can vary depending on the circumstances but generally refers to a legal obligation to act reasonably to prevent harm to others.
Breach of Duty: The plaintiff must show that the defendant breached their duty of care owed to the deceased. This means proving that the defendant failed to act in a reasonable manner or otherwise acted negligently or wrongfully.
Causation: The plaintiff must establish that the defendant's breach of duty was the direct cause of the deceased's death. This involves demonstrating that the defendant's actions (or inaction) were a substantial factor in bringing about the death.
Damages: The plaintiff must provide evidence of the damages resulting from the death, including both economic and non-economic losses. Economic damages may include medical expenses, funeral costs, and loss of financial support, while non-economic damages could encompass pain and suffering, loss of companionship, and emotional distress.
Compassionate Legal Counsel. Aggressive Advocacy.
At Howry Breen & Herman, we sit down with each and every client for an in-depth consultation. We listen with an empathetic ear, working to understand your personal objectives and goals. From there, we can help you begin to build a case centered on in-depth analysis, thorough investigation, and careful examination of the facts. We offer open, honest communication and uncompromising representation every step of the way. With decades of litigation experience, we are fully prepared to take your case to trial if necessary. We have handled thousands of cases and obtain full and fair compensation for our clients throughout Austin, Georgetown, and the surrounding areas.
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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