At some point after the worst moment of your life, someone from the other side will contact you. An insurance adjuster. A claims representative. Someone whose job is to close your family's case quickly and for as little as possible.
Our Austin wrongful death lawyers at Ramos James Law have represented families in Travis County and throughout Central Texas when people they loved were killed because of someone else's negligence. We handle every case on contingency. You pay nothing unless we recover for you.st
Call (512) 537-3369 or contact us online to speak with our team.
- Contact Ramos James Law
- Who Has the Right to File a Wrongful Death Claim in Texas?
- What Qualifies as Wrongful Death Under Texas Law
- Two Legal Claims Most Austin Families Don't Know They Have
- What Your Family May Recover in a Texas Wrongful Death Case
- How Long Does a Texas Family Have to File?
- Why Is the Insurance Company's First Settlement Offer Rarely Enough?
- How Our Austin Wrongful Death Attorneys Have Handled Cases Like Yours
- Ask Ramos James
- Frequently Asked Questions
- Talk to Our Team Before You Make Any Decisions
Who Has the Right to File a Wrongful Death Claim in Texas?
Texas law limits who may bring a wrongful death lawsuit. Under Texas Civil Practice and Remedies Code § 71.004, the surviving spouse, children, and parents of the deceased hold the legal right to file.
Siblings do not have the legal right to file a wrongful death claim in Texas, even if they were financially dependent on the deceased or were their closest living relative.
If none of the eligible family members file within three months of the death, the estate's executor or administrator may bring the claim. The family can direct the executor not to file, which preserves their option to act independently.
What Qualifies as Wrongful Death Under Texas Law
A wrongful death claim arises in Texas when a person dies because of another party's negligent, reckless, or intentional conduct. Under Texas Civil Practice and Remedies Code § 71.002, the deceased must have had the right to sue the responsible party had they survived.
Fatal accidents we handle for Austin-area families include:
- Truck and car crashes on I-35, US-183, US 290 and SH-71
- Drunk driving incidents in Austin's 6th Street and Rainey Street entertainment corridors
- Construction zone fatalities, including incidents tied to active highway projects
- Fatal workplace accidents where required safety standards were not followed
- Defective products that caused fatal injuries
The cause of death determines who is liable, what evidence must be gathered, and which categories of damages are available to your family.
Two Legal Claims Most Austin Families Don't Know They Have
Texas law provides two separate legal claims after a wrongful death: the wrongful death claim and the survivorship claim.
The wrongful death claim belongs to the surviving family members. It compensates them for their own losses: the financial support they depended on, the relationship they lost, and the mental anguish they carry forward.
The survivorship claim is separate. It belongs to the deceased person's estate. It covers what your loved one personally experienced before death. That includes pain and suffering, medical expenses after the injury, and wages lost between the incident and death.
Both claims can be filed at the same time. Families who pursue only one may leave substantial recovery behind.
What Your Family May Recover in a Texas Wrongful Death Case
Texas wrongful death families may recover compensation across several distinct categories, including lost financial support, funeral costs, mental anguish, and loss of companionship. The amount available depends on the specific facts and the strength of the evidence.
Recoverable damages in the wrongful death claim may include:
- Lost financial support and future earning capacity the deceased would have provided
- Loss of companionship, care, and guidance for surviving spouses and dependent children
- Mental anguish suffered by surviving family members
- Funeral and burial costs
- Exemplary damages, also called punitive damages, in cases of gross negligence or intentional misconduct
Through the survivorship claim, the estate may separately recover for the deceased person's pain and suffering, post-injury medical costs, and lost wages from the time of the incident through death.
If you are not sure which claims apply to your situation, we can walk through the specifics with you at no cost. Contact us online or call (512) 537-3369.
How Long Does a Texas Family Have to File?
Texas gives wrongful death claimants two years from the date of death to file a lawsuit. That deadline applies to both the wrongful death claim and the survivorship claim.
Two years is not as long as it sounds. Physical evidence disappears within days. Surveillance footage is overwritten quickly. Key witnesses become harder to locate over time.
If the death involved a government employee or occurred on government property, a shorter notice requirement may apply. Some claims against Texas municipalities require written notice within six months of the incident. Contact our team now to confirm you are inside the window to act.
Why Is the Insurance Company's First Settlement Offer Rarely Enough?
A fast settlement offer from the at-fault party's insurer is not a sign of good faith. It is a sign that the insurer believes your family may not yet understand the full value of your claim.
Early settlement offers frequently fail to account for:
- The survivorship claim and what your loved one experienced before death
- Long-term income loss calculated over the deceased's full expected working life
- The value of lost guidance and companionship for dependent children over decades
- Future damages your family will continue to experience for years
Once a settlement is signed, the claim is closed permanently. You cannot go back if new information surfaces. Talking to an attorney before accepting anything is one of the most consequential decisions a grieving family can make.
How Our Austin Wrongful Death Attorneys Have Handled Cases Like Yours
Our Austin wrongful death attorneys have represented families in cases against individuals, businesses, and major corporate defendants.
Lead attorney Laura Ramos James was featured on CBS Austin (KEYE News) in a wrongful death case against a major rental car company and other corporate defendants. That case required building a negligence claim against well-resourced adversaries. Our team handled it and secured accountability for the family.
Laura has been recognized as a Super Lawyer every year since 2020. She is a member of the Top 100 National Trial Lawyers and the Multi-Million Dollar Advocates Forum. When wrongful death cases in Travis County need to go to trial, our team is prepared to take them there.
Ask Ramos James
Q: Do I need a lawyer for a wrongful death case in Austin? A: Yes, you very likely need a lawyer for an Austin wrongful death case. The at-fault party's insurer has already retained legal representation. Texas wrongful death law involves two separate legal claims, multiple damage categories, and strict deadlines. Managing that process without legal representation while grieving puts your family at a serious disadvantage.
Q: How much is a wrongful death case worth in Texas? A: Texas wrongful death case values depend on the deceased person's age, income, relationship to surviving family, and how the death occurred. Cases involving younger people with dependents and/or significant earning potential typically result in larger recoveries. There is no standard figure because the facts of every case are different.
Q: Can I file a wrongful death claim if the death was ruled an accident? A: Yes, you may still file a wrongful death claim even if the death was officially ruled an accident. A police report or official classification does not determine civil liability. If another party's negligence or recklessness contributed to the death, your family may have a valid claim regardless of how the incident was categorized.
Q: What if the insurance company already contacted me after my family member's death? A: Do not give a recorded statement or accept any offer before speaking with an attorney. Early outreach from the at-fault party's insurer is not a courtesy. It is a step toward settling your family's claim before you understand its full value. Anything you say at this stage can be used to reduce what your family ultimately recovers.
Q: What if the party responsible was a company, not an individual? A: Yes, your family can file a wrongful death claim against a business in Texas. Companies can be held liable for deaths caused by employees acting within the scope of their work, as well as for their own direct negligence. Corporate defendants often carry larger insurance policies than individuals, which can affect the total recovery available to your family.
Frequently Asked Questions
What evidence is most at risk of being lost after a fatal truck accident in Austin?
After a fatal truck accident in Austin, the most time-sensitive evidence includes the truck's electronic logging device (ELD) data regulated by the Federal Motor Carrier Safety Administration, the Engine Control Module (ECM), telematics data,, driver qualification records, and the company's inspection and maintenance logs. Trucking companies and their insurers frequently deploy rapid-response teams after crashes to secure this data from their side. Sometimes they obstruct attempts by individuals to obtain the information until the evidence is automatically deleted or it disappears.
Can a wrongful death claim still be filed if the person who caused the death also died?
Yes, a wrongful death claim may still be filed in Texas even if the at-fault party died. Under Texas Civil Practice and Remedies Code § 71.008, the action can be brought against that person's estate. The at-fault party's estate is typically covered by their insurance policy, which is generally where the actual recovery comes from.
What if my family member shared some responsibility for their own death?
Texas comparative fault rules allow recovery in a wrongful death case even when the deceased shared partial responsibility, as long as their share of fault did not exceed 50%. Any recovery is reduced proportionally by the percentage of fault assigned to the deceased. Insurance companies routinely raise this argument to reduce settlements. Our team works to challenge those claims with evidence.
How does a wrongful death case interact with probate or the deceased person's estate?
The wrongful death claim belongs directly to the surviving family members and generally moves separately from probate proceedings. The survivorship claim, however, belongs to the estate and flows through the probate process. An attorney can help your family coordinate both claims to avoid delays or reductions in recovery.
Talk to Our Team Before You Make Any Decisions
Every decision made in the weeks following a wrongful death carries legal consequences. What you say to an adjuster, which offers you consider, and when you act all affect what your family ultimately recovers.
We review wrongful death cases at no charge and handle every case on contingency. If we do not recover for you, you owe us nothing.
Call (512) 537-3369 or contact us online. We will walk through what happened, who may be liable, and what your family's options look like.
Investigate
We investigate. We prove fault. We build your case to show how much you’ve lost, and what you’re owed.
Negotiate
We negotiate with insurance companies who try to pay you less than you deserve. And if they won’t play fair, we take them to court.
Fight
We fight for your medical expenses, future medical costs, lost wages, physical impairment, and financial compensation so you can move forward.
Disclaimer: Past case results and media references on this page reflect specific facts and circumstances and do not guarantee a similar outcome in any other case. This page is for general informational purposes only and does not constitute legal advice. Contact Ramos James Law directly to discuss the specifics of your situation.