When Negligence Takes a Life: Wrongful Death Claims in Austin, Texas

A loved one is gone. A car accident, a workplace incident, a slip and fall that should never have happened. The grief is overwhelming. But so are the bills—medical expenses, funeral costs, lost income. When someone dies because of another person’s negligence or misconduct, the law allows surviving family members to seek justice. A wrongful death claim cannot bring your loved one back, but it can hold the responsible party accountable and provide financial stability for the family left behind.

At Barton & Associates, Attorneys at Law, we represent families across Central Texas in wrongful death claims. From the highways of Austin to the construction sites of Round Rock, from the nursing homes of Georgetown to the businesses of Kyle and Buda, we understand the devastating impact of losing a loved one to someone else’s negligence. Our attorneys have spent decades fighting for the rights of families, holding negligent parties accountable, and securing the compensation families need to move forward.

We know that wrongful death cases are not just about money—they are about justice. We know how to investigate the cause of death, identify all responsible parties, and build a case that reflects the true value of the life that was lost. We know that no amount of money can replace your loved one, but we also know that financial security can ease the burden on a grieving family.

If you have lost a loved one due to someone else’s negligence, you are not alone. Let us help you seek the justice your family deserves.

Understanding Wrongful Death in Texas

Under Texas law, a wrongful death claim arises when a person dies as a result of another person’s wrongful act, neglect, or default. The claim is brought by the surviving family members.

Who Can File a Wrongful Death Claim:

• Spouse: The surviving husband or wife

• Children: The surviving children (biological or adopted)

• Parents: The surviving parents (if there is no surviving spouse or child)

What You Must Prove:

• The defendant owed a duty of care to the deceased

• The defendant breached that duty (through negligence or intentional conduct)

• The breach caused the death

• The family has suffered damages as a result

Statute of Limitations:

In Texas, you have two years from the date of death to file a wrongful death claim. Missing this deadline means you lose your right to seek compensation forever.

For residents across Central Texas, understanding who can file and how long you have to act is essential.

What Is the Statute of Limitations for Wrongful Death in Texas?

The statute of limitations for wrongful death in Texas is two years from the date of death.

Why the Deadline Matters:

• If you miss the deadline, your claim is barred forever

• There are very few exceptions

• Even if the case is strong, you cannot recover if you file too late

Exceptions to the Two-Year Rule:

• Tolling: If the defendant is out of state or cannot be located, the clock may stop

• Minor Children: In some cases, the clock may not start until a child reaches age 18

• Fraudulent Concealment: If the defendant hid the cause of death, the clock may be extended

The Danger of Waiting:

Evidence disappears. Witnesses forget. Deadlines pass. If you have lost a loved one, contact an attorney as soon as possible.

For those in the Austin area, the two-year deadline is strict—do not wait.

How to Prove a Wrongful Death Claim

Proving a wrongful death claim requires evidence that the defendant’s negligence caused the death.

Step 1: Establish the Duty of Care

The defendant owed a duty to the deceased. Common duties include:

• Drivers owe a duty to operate their vehicles safely

• Property owners owe a duty to maintain safe premises

• Medical professionals owe a duty to provide competent care

• Employers owe a duty to provide a safe workplace

Step 2: Show Breach of Duty

The defendant failed to meet their duty. Examples:

• A driver was texting and ran a red light

• A property owner failed to repair a dangerous stairway

• A doctor failed to diagnose a treatable condition

• An employer failed to provide safety equipment

Step 3: Prove Causation

The breach of duty must have caused the death. This requires:

• Medical testimony linking the injury to the death

• Accident reconstruction showing how the crash occurred

• Expert opinions on how the death could have been prevented

Step 4: Calculate Damages

The family has suffered damages as a result of the death.

For residents across Central Texas, proving a wrongful death claim requires gathering evidence, working with experts, and building a compelling case.

Damages in Wrongful Death Cases

In a wrongful death claim, the family can recover both economic and non-economic damages.

Economic Damages:

• Medical Expenses: Costs incurred before death (ambulance, emergency room, hospitalization)

• Funeral and Burial Expenses: Reasonable costs of burial or cremation

• Lost Income: The income the deceased would have earned over their lifetime

• Lost Benefits: The value of health insurance, retirement benefits, and other employment benefits

• Lost Inheritance: The value of what the deceased would have accumulated and left to their heirs

Non-Economic Damages:

• Loss of Companionship: The loss of love, comfort, and society

• Loss of Consortium: The loss of the marital relationship (for a surviving spouse)

• Loss of Guidance: The loss of advice, counsel, and guidance (for surviving children)

• Mental Anguish: The emotional pain and suffering of the surviving family members

Punitive Damages:

In cases of gross negligence or intentional misconduct, the family may also recover punitive damages—designed to punish the wrongdoer and deter similar conduct.

For those in the Austin area, calculating damages requires a careful analysis of the deceased’s life, earnings, and contributions to the family.

Common Causes of Wrongful Death

Wrongful death claims arise from many types of accidents and incidents.

Car and Truck Accidents:

• Distracted driving (texting, phone use)

• Drunk driving

• Speeding and reckless driving

• Fatigued driving

• Truck driver violations (hours of service, maintenance)

Workplace Accidents:

• Construction site accidents

• Falls from heights

• Machinery accidents

• Exposure to toxic chemicals

• Failure to provide safety equipment

Medical Malpractice:

• Misdiagnosis or delayed diagnosis

• Surgical errors

• Medication errors

• Birth injuries

• Nursing home neglect and abuse

Premises Liability:

• Slip and fall accidents

• Inadequate security

• Swimming pool drownings

• Fires and building code violations

Product Liability:

• Defective vehicles

• Defective medical devices

• Dangerous drugs

• Defective machinery

For residents across Central Texas, the cause of death determines who is responsible and what evidence is needed.

The Role of the Personal Representative

A wrongful death claim is brought by the surviving family members, but it is typically filed by a “personal representative” on behalf of the family.

What a Personal Representative Does:

• Files the lawsuit on behalf of the family

• Manages the litigation

• Distributes any recovery to the family members according to their legal share

Who Can Be Personal Representative:

• A surviving spouse

• An adult child

• A parent

• An attorney or other trusted individual

Why It Matters:

Having a personal representative ensures that the case can proceed even if family members are grieving or unable to participate.

For those in the Austin area, choosing a personal representative is an important step in the wrongful death process.

Survival Actions vs. Wrongful Death

In addition to a wrongful death claim, the family may also have a “survival action”—a claim for the pain and suffering the deceased experienced before death.

Wrongful Death Claim:

• Brought by the family

• Compensates the family for their losses

• Includes lost income, loss of companionship, and mental anguish

Survival Action:

• Brought on behalf of the deceased’s estate

• Compensates for the deceased’s losses

• Includes pain and suffering experienced before death, medical expenses, and lost wages

The Difference:

A survival action is separate from a wrongful death claim. Your attorney can pursue both.

For residents across Central Texas, understanding the difference between wrongful death and survival actions ensures that all damages are recovered.

Frequently Asked Questions About Wrongful Death in Austin, Texas

When families come to our office—whether from Austin’s neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about wrongful death claims. Here are the answers to the most common inquiries we receive.

Who can file a wrongful death claim in Texas?

The surviving spouse, children, and parents of the deceased can file a wrongful death claim. If none of these exist, the personal representative of the estate can file.

How long do I have to file a wrongful death claim?

You have two years from the date of death to file a wrongful death claim in Texas. Missing the deadline means you lose your right to recover.

What damages can I recover in a wrongful death claim?

You can recover medical expenses, funeral costs, lost income, loss of companionship, loss of consortium, and mental anguish. In some cases, punitive damages may also be available.

What is the difference between wrongful death and survival action?

Wrongful death compensates the family for their losses. Survival action compensates the deceased’s estate for the pain and suffering the deceased experienced before death.

What if the deceased was partly at fault?

Texas follows a modified comparative fault rule. If the deceased was less than 51% at fault, the family can still recover, but the recovery will be reduced by the percentage of fault assigned to the deceased.

Do I need an attorney for a wrongful death claim?

Yes. Wrongful death claims are complex, and the evidence is often contested. An experienced attorney can investigate the cause of death, identify responsible parties, and build a case that maximizes your recovery.

How much is my wrongful death claim worth?

The value of a wrongful death claim depends on many factors: the deceased’s income, age, health, family circumstances, and the circumstances of the death. An experienced attorney can help you understand the value of your claim.

Why Barton & Associates for Wrongful Death Claims in Austin

Wrongful death cases are among the most sensitive and important cases we handle. Our attorneys have spent decades representing families across Central Texas, fighting for justice for those who have lost loved ones to negligence.

We know the local courts. We know the insurance companies. We know the experts who can prove causation and damages. And we know how to build a case that reflects the true value of the life that was lost.

Take the First Step Toward Justice

If you have lost a loved one due to someone else’s negligence, you do not have to face this alone. The two-year statute of limitations is strict. Do not wait. The sooner you have an experienced attorney on your side, the sooner you can begin the process of seeking justice for your family.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced wrongful death attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you seek the justice your family deserves.