Austin Wrongful Death Lawyer

Losing someone because of another person’s carelessness is a loss no legal claim can undo, and the questions that follow can feel impossible to face. An Austin wrongful death lawyer can explain what Texas law allows, who is entitled to bring a claim, and which deadlines apply, so your family can make decisions without guessing.
Breeland Injury Law works with families across Austin and Travis County after a fatal crash or other preventable death. Call 512-764-3380 or contact us to schedule a free consultation.
Why Families Choose Breeland Injury Law

Many families are not told in the first weeks that Texas can give them two separate claims, not just one, and which claim a recovery falls under decides who receives the money. Matt Breeland explains that difference clearly from the first conversation and builds both claims from the start, so nothing is left on the table by accident.
His years defending injury claims also taught him how insurers evaluate a death claim and where they push back. Throughout the case, he keeps your family informed and answers questions honestly, even the hard ones.
What Counts as a Wrongful Death Under Texas Law?
Under Section 71.002 of the Texas Civil Practice and Remedies Code, a person can be held liable for a death caused by their wrongful act, neglect, carelessness, unskillfulness, or default, or by that of their agent or servant, such as an employee. Wrongful death claims often arise from:
- Car, truck, and commercial vehicle crashes
- Rideshare crashes
- Crashes that kill pedestrians or cyclists
- Dangerous conditions on commercial property
- A bar or restaurant that overserved a driver
Who Can File a Wrongful Death Claim in Texas?
Texas limits a wrongful death claim to the surviving spouse, children, and parents of the person who died. Under Section 71.004 of the Texas Civil Practice and Remedies Code, the claim is brought for the benefit of those family members, and any one of them can bring it on behalf of all.
If none of them has filed within three calendar months of the death, the executor or administrator of the estate must bring the claim, unless all of them ask the executor not to. Siblings, grandparents, and unmarried partners are not among the family members who can recover.
Wrongful Death Claim vs. Survival Claim: What Is the Difference?
A wrongful death claim pays the surviving family members for their own losses. A survival claim is different: it carries forward the injury claim the person who died would have had. Under Section 71.021 of the Texas Civil Practice and Remedies Code, that claim survives in favor of the person’s heirs, legal representatives, and estate.
| Wrongful death claim | Survival claim | |
| Who it belongs to | The surviving spouse, children, and parents | The heirs, legal representatives, and estate |
| What it covers | The family’s own losses from the death | The losses the person suffered before death, plus funeral and burial expenses |
| How an award is divided | In shares the jury sets among the family members | Through the person’s heirs, legal representatives, and estate |
What Damages Can an Austin Family Recover?
A Texas jury may award wrongful death damages in an amount proportionate to the injury the death caused, then divide the award among the surviving family members in the shares it sets. Depending on the facts, a family may seek:
- Lost financial support and household services
- Lost companionship, care, and guidance
- Mental anguish of the surviving family members
- Through the survival claim, the pain the person endured before death, related medical bills, and funeral and burial costs
When a death was caused by a wilful act or omission or by gross negligence, Texas law also allows exemplary damages for the surviving spouse and children. Exemplary damages punish the wrongdoer rather than compensate the family.
Can a Bar Be Held Responsible for a Fatal Drunk Driving Crash?
Yes, in some cases. Under Section 2.02 of the Texas Alcoholic Beverage Code, a bar or other alcohol provider can be held liable when it was apparent that the person served was obviously intoxicated to the point of presenting a clear danger to themselves and others, and that intoxication was a proximate cause, meaning a direct and foreseeable cause, of the harm. The claim against the intoxicated driver remains available as well.
Receipts, tabs, and server records can disappear quickly, especially in busy bar districts, which is one reason holding a bar responsible for serving a drunk driver depends on moving early.
Frequently Asked Questions
How Long Does a Family Have to File a Wrongful Death Claim in Texas?
Generally two years from the date of death, not the date of the incident. That deadline comes from Section 16.003 of the Texas Civil Practice and Remedies Code. Evidence such as vehicle data, roadway conditions, and a bar’s server records can fade long before that deadline arrives.
Where Is an Austin Wrongful Death Case Filed?
Usually in Travis County for a fatal crash in Austin, because Texas generally allows filing where all or a substantial part of the events happened. Venue rules can also point to the county where an individual defendant lived or where a company defendant keeps its principal Texas office, so a case against an out-of-town company may have more than one possible courthouse. Where the estate is handled in probate is a separate question from where the injury case is filed.
Does Shared Fault Reduce What a Family Recovers?
It can. Texas uses proportionate responsibility, which assigns each party a share of the blame, including the person who died. A claim is barred if that person’s share is greater than 50%, and a smaller share reduces the recovery. Insurers often argue hard over this percentage, which is decided on the facts of each case.
Can We File a Claim If No One Was Charged With a Crime?
Yes. A wrongful death claim is a civil case, separate from any criminal case. It is decided under a lower standard of proof, and it can go forward whether or not the person responsible was ever arrested, charged, or convicted. A criminal conviction can still be useful evidence when there is one.
What Should a Family Do First?
There is no need to have everything figured out before reaching out. It helps to gather the crash or incident report number, any photos or messages, medical and funeral bills, and the names of anyone who saw what happened. Many families also hold off on recorded statements to insurers until they have spoken with a lawyer.
Speak With an Austin Wrongful Death Lawyer
No family should have to sort through legal deadlines while grieving. At Breeland Injury Law, Matt Breeland can explain which claims belong to your family and which belong to the estate, whether your loved one was killed by another driver, a commercial vehicle, a property owner’s neglect, or a bar that kept serving an obviously intoxicated customer.
If you can, keep receipts, photos, and the names of witnesses together in one place. Call 512-764-3380 or contact us when you are ready to schedule a free consultation with an Austin wrongful death lawyer.
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Attorney Matt Breeland
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