Wrongful Death Attorneys in Austin

What To Expect When You Work With Our Firm

In the days and weeks after a fatal accident, most families have never been through a wrongful death case before and want to know what the process will look like. We walk you through each phase in plain language so you understand what we are doing and why, from the first consultation in our Austin office through any hearing or trial in local courts. This section can help you decide whether our approach is the right fit for you and your family’s needs during such a difficult time.

Early in the case, we gather information about the incident, review any police or incident reports, and talk with you about witnesses, photographs, and other evidence you may already have. If the loss arose from a collision on a roadway such as Ben White Boulevard, a workplace incident, or possible medical negligence at a local hospital, we identify the potentially responsible individuals and companies. As we investigate, a wrongful death attorney from our team stays in contact with you about developments so you never feel left in the dark while your case is moving forward.

Once we have a solid understanding of the facts and your losses, we typically present a detailed claim to the insurance company or companies involved and begin negotiation. If the insurer refuses to be fair, we are prepared to file a lawsuit in the appropriate court in or around Austin and guide you through discovery, mediation, and, when needed, trial. Throughout this process, we discuss your options at each decision point, answer your questions about timelines and participation, and work with you to pursue a resolution that reflects both your financial needs and your goals for accountability.

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:

• Medical treatment for injuries prior to death
• Funeral/burial expenses
• Pain, suffering, and emotional distress
• Lost earning capacity
• Lost inheritance
• Loss of companionship/love

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.

Because the rules about who can file and what types of damages are available can be confusing, especially while you are grieving, speaking with an Austin Wrongful Death Lawyer early in the process can help you avoid costly mistakes. We can review your relationship to the person who died, any existing estate proceedings in local probate courts, and the available insurance coverage so we can advise you about whether a wrongful death claim, a survival claim, or both may be appropriate. This careful assessment helps you protect your rights within the two-year deadline while also honoring your loved one’s memory through a thoughtful, well-prepared case.

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.

As we prepare a wrongful death case, we gather medical records, accident reports, witness statements, and, when needed, opinions from qualified professionals to connect each of these elements clearly. For example, in a fatal crash on a highway like SH 71 or I-35, we may obtain electronic data from vehicles, video footage, and scene photographs to help show how another driver’s conduct led to the collision and your loss. By building this foundation carefully, a wrongful death attorney can present a clear picture of what happened and how it has affected your family’s financial stability and emotional wellbeing.

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.

When you hire a fatal accident attorney at our firm, you work directly with a trial team that understands how devastating a sudden loss can be for families in communities across Central Texas. We coordinate with you on practical needs such as time away from work for hearings in Travis County or Williamson County courts, gathering documents, and preparing for depositions so the legal process fits as smoothly as possible into your life. Our goal is to carry the weight of the case for you, combining compassionate guidance with strategic advocacy so that you can focus on supporting your family while we focus on pursuing accountability and financial recovery.

Contact us at (512) 430-4844 to schedule your free, no-obligation consultation today.