Austin Wrongful Death Lawyers

A Compassionate Legal Team You Can Trust

No Fee Unless We Win For You

If you lost a loved one because of someone else’s negligence, your family may have the right to pursue compensation through a wrongful death claim. An experienced Thompson Law  lawyer can investigate what happened, identify everyone responsible, and fight for compensation for funeral expenses, lost financial support, and the emotional and financial losses your family has suffered.

At Thompson Law, we’ve recovered more than $2.1 billion for injury victims and their families. We handle the legal process while you focus on your family, and because we work on a contingency fee basis, you pay nothing unless we recover compensation for you.

If you have questions about your legal options after losing a loved one, contact us today for a FREE consultation.

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How an Austin Wrongful Death Lawyer Can Help

After losing a loved one because of someone else’s negligence, your family may be facing insurance companies, unexpected expenses, and difficult legal decisions while trying to grieve. An experienced Austin wrongful death lawyer can protect your rights, investigate what happened, and pursue compensation while you focus on your family.

Our injury lawyers approach each case with a focus on compassion for our clients while aggressively pursuing maximum compensation in their cases. We are trial lawyers, and we are not afraid to take on big companies and other powerful defendants when necessary to get justice for our clients. If you lost a loved one in a wrongful death in the Austin area, let our qualified wrongful death lawyers review your case today.

 

 

Wrongful Death in Austin Explained

If someone else’s negligence caused your loved one’s death, your family may have the right to file a wrongful death claim under Texas law. These claims allow eligible family members to seek compensation for the financial and emotional losses resulting from their loved one’s death.

Wrongful death cases can arise from many different types of accidents and negligent conduct, including:

  • Motor Vehicle Accidents: Fatal crashes caused by distracted, impaired, speeding, fatigued, or otherwise negligent drivers.
  • Medical Malpractice: Preventable deaths resulting from surgical errors, delayed diagnoses, medication mistakes, birth injuries, or other forms of medical negligence.
  • Defective Products: Dangerous vehicles, prescription drugs, medical devices, or consumer products that cause fatal injuries because of design, manufacturing, or warning defects.
  • Workplace Accidents: Fatal incidents involving construction sites, industrial facilities, electrocutions, falls, explosions, or other unsafe working conditions.
  • Premises Liability: Fatal injuries caused by unsafe property conditions, inadequate security, dangerous stairways, swimming pool accidents, or other hazardous conditions.

Under Texas law, eligible surviving family members—including a spouse, children, or parents—may be able to recover compensation for both their own losses and certain damages their loved one could have pursued had they survived.

Flower on a grave representing wrongful death claims in Austin

Main Sources of Wrongful Fatalities in Austin

Many wrongful death claims begin with a preventable tragedy. Fatal crashes, pedestrian accidents, motorcycle collisions, workplace incidents, medical mistakes, and other acts of negligence continue to take lives in Austin every year. Understanding how these incidents occur can help identify who may be legally responsible.

According to the City of Austin’s Vision Zero dashboard, as of June 2026, Austin has recorded:

  • 35 traffic fatalities
  • 112 serious traffic injuries
  • 4,416 total crashes

Vision Zero data also shows that fatalities involve many different types of road users, including motorists, pedestrians, motorcyclists, bicyclists, and e-scooter riders. These crashes often result from preventable factors such as speeding, impaired driving, distracted driving, failure to yield, and other negligent behavior.

While motor vehicle crashes remain one of the leading causes of wrongful death claims, our attorneys also represent families whose loved ones were killed in:

  • Commercial truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Medical malpractice
  • Dangerous property conditions
  • Workplace and construction accidents
  • Defective product incidents

Every wrongful death case is unique. Our legal team investigates what happened, determines whether negligence contributed to the loss, identifies every liable party, and works to recover the maximum compensation available under Texas law.

Sources: City of Austin Vision Zero Program, Austin Transportation & Public Works, Austin Police Department Traffic Fatalities Database.

How Our Austin Wrongful Death Lawyers Can Help

Losing a loved one unexpectedly can leave families facing insurance companies, medical bills, legal deadlines, and unanswered questions during an already overwhelming time. Our Thompson Law lawyers handle every aspect of your claim so you can focus on your family while we pursue the justice and compensation you deserve.

When you hire Thompson Law, we can:

  • Investigate what happened and preserve critical evidence before it is lost.
  • Identify every liable party, including negligent drivers, trucking companies, employers, property owners, manufacturers, or medical providers.
  • Build a strong wrongful death case by gathering evidence, consulting experts, and documenting your family’s financial and emotional losses.
  • Handle all communication with insurance companies so you don’t have to deal with adjusters while grieving.
  • Negotiate for a full and fair settlement, while preparing every case as if it may go to trial.
  • Keep you informed throughout the process and provide compassionate guidance every step of the way.

Our goal is simple: ease your family’s legal burden while pursuing the maximum compensation available under Texas law.

Who Can File a Wrongful Death Claim in Texas?

Not every family member can file a wrongful death lawsuit. Under the Texas Wrongful Death Act, the people who are generally eligible to bring a wrongful death claim include:

  • The surviving spouse
  • The surviving children
  • The surviving parents

If none of these eligible family members file a wrongful death claim within three months of the death, the personal representative of the estate may be able to file on behalf of the estate unless the eligible family members request otherwise.

If you’re unsure whether you have the legal right to file a wrongful death claim, our experienced legal team can review your family’s situation, explain your options, and help determine the best path forward.

Determining Fault in Wrongful Death Accidents

In some cases, the loved one you lost might have been partly responsible for the accident that took their life. Texas is a modified comparative fault state, meaning you could still be entitled to compensation if they were less than 51% at fault.

Determining fault often requires reviewing accident reports, witness statements, medical records, expert opinions, and other evidence. An experienced wrongful death attorney can conduct this investigation and protect your family’s right to recover compensation.

If you are mourning the loss of a family member due to the negligent actions of someone else, do not try to handle your case alone. Wrongful death claims are typically complex, and often involve multiple layers of insurance policies. Our Austin wrongful death lawyers have the expertise to investigate and recover every penny your wrongful death claim is worth.

What Can a Wrongful Death Lawyer Prove?

To recover compensation in a wrongful death case, your attorney generally needs to prove that another person, company, or entity caused your loved one’s death through negligence. Building that case requires evidence showing what happened, who was responsible, and how the loss has affected your family.

In most wrongful death claims, your attorney must establish:

  • Duty of care: The responsible party had a legal obligation to act with reasonable care.
  • Breach of duty: That person or company failed to act safely or violated that duty.
  • Causation: The breach directly contributed to your loved one’s death.
  • Damages: Your family suffered financial and emotional losses because of the death.

Wrongful death cases may also involve multiple liable parties, disputed fault, insurance coverage issues, and damages such as funeral expenses, lost financial support, loss of companionship, and mental anguish. An experienced Austin wrongful death lawyer can investigate the facts, gather evidence, and build a claim that clearly connects the negligent conduct to your family’s losses.

In rare cases involving extreme recklessness or intentional misconduct, punitive damages may also be available.

Common Causes of Wrongful Death in Austin

Wrongful death claims can arise from many different types of accidents and negligent conduct, including:

In Texas, damages in a wrongful death case can cover a wide range of losses. An Austin wrongful death attorney can help your family get the fair compensation they deserve after a tragic event.

The Compensation We Seek in Wrongful Death Cases

A wrongful death claim may include compensation for both your family’s losses and certain damages your loved one could have recovered had they survived.

Compensation for Your Loved One

These damages could have been recovered by the deceased if they survived. Survival damages seek to compensate for losses sustained by the deceased from the time of injury until death. Common survival damages include:

  • Medical expenses incurred treating the injuries prior to death:  This covers ambulance fees, hospital bills, prescription medications, rehabilitation, and more.
  • Loss of income starting from the time of injury until death:  Calculations account for wages, benefits, bonuses, commissions, and earning capacity lost during treatment.
  • Pain and suffering experienced prior to death:  This compensates for physical pain and mental/emotional anguish resulting from the injuries.
  • Funeral and burial costs:  Damages cover expenses like the casket, headstone, plot, transportation, flowers, etc.

Compensation for Your Family

These damages address the losses suffered by the surviving family members as a direct result of losing their loved one. Wrongful death damages can include:

  • Loss of companionship and consortium:  Compensates for losing positive aspects of the relationship like love, comfort, affection, society, etc.
  • Loss of financial support:  Replaces future income the deceased would have earned and contributed to the family.
  • Mental anguish and grief:  Provides solace for the bereavement, trauma, depression suffered by mourning relatives.
  • Loss of inheritance:  Repays for the inheritance lost when the deceased died prematurely.

 

Understanding Austin Survival Damage Claims

In addition to compensation available to surviving family members, Texas law also allows certain damages that belonged to your loved one before they passed away. These are known as survival damages.

More specifically, survival damages seek to compensate for losses suffered by the deceased person between the time of the negligent or reckless act that ultimately led to their death and the moment of death itself. Some of the key types of compensation that survival damages cover include:

  • Medical expenses:  This includes ambulance fees, hospital bills, costs of surgery, medications, physical therapy, and any other medical treatment the deceased required for their injuries prior to death.
  • Lost income:  Calculations account for any wages, benefits, bonuses, commissions, and diminishment of earning capacity the deceased experienced from the time they were injured until they passed away.
  • Pain and suffering:  Provides compensation for any physical pain, disfigurement, disability, loss of enjoyment of life, mental anguish, or emotional trauma endured by the deceased as a result of their injuries.
  • Funeral and burial costs:  Damages can reimburse expenses related to the memorial service, cremation, casket, transportation, burial plot, headstone, flowers, etc.

Austin Wrongful Death Lawyers Go to Bat for You

Wrongful death cases are among the most complex personal injury claims because they often involve multiple insurance companies, expert testimony, medical evidence, financial loss calculations, and emotionally difficult legal decisions. Choosing a law firm with experience handling high-value injury and fatal accident claims can make a significant difference in the outcome of your case.

Thompson Law has earned recognition from respected legal organizations, including:

Our trial lawyers have handled cases involving trucking accidents, automobile accidents, premises liability, workplace accidents, and other serious injury claims across Texas. Because we prepare cases for trial when necessary, we are better positioned to negotiate fair settlements for families after a tragic loss.

Results We've Recovered for Families

Thompson Law has handled numerous complex wrongful death cases over our 15+ year history, recovering substantial compensation for grieving families. While every case is different, these examples demonstrate the types of wrongful death cases our attorneys have successfully resolved.

  • $1.6 million settlement for the death of a construction worker at a worksite accident
  • $850,000 verdict after a woman died from complications of medical negligence during surgery
  • $500,000 workplace oilfield accident settlement

These are just a few examples of the results we have achieved through aggressive litigation when at-fault parties refuse reasonable settlement offers.

 

What Factors Determine the Value of a Wrongful Death Claim?

The value of a wrongful death claim depends on several unique factors that insurance companies and courts evaluate when determining compensation. These include:

  • Type and Severity of the Accident: Whether it was a car accident, medical malpractice, or another event.
  • Deceased’s Age and Health: Younger individuals with a longer life expectancy generally result in higher claims.
  • Occupation and Income: The deceased’s earning capacity and job are critical factors.
  • Financial Support: How much financial assistance the deceased provided to their family.
  • Dependents: Whether the deceased had minor children or other dependents relying on their support.
  • Community Involvement and Relationships: The deceased’s role within their family and community.

These factors influence whether a settlement is increased or reduced. For example:

  • A claim may result in lower compensation if the deceased was elderly, had no dependents, or shared fault in the accident.
  • A claim may be higher if the deceased was young, entirely faultless, and left behind a spouse and minor children relying on them for emotional and financial support.

Each wrongful death case is unique, and understanding these factors can help build a stronger claim to ensure your family receives the justice and compensation they deserve.

Get the Legal Help You Need

Families often have questions about their legal rights after losing a loved one because of someone else’s negligence. Here are answers to some of the questions we hear most often.

 

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Contact Thompson Law

If you are grieving the loss of a loved one due to an accident, defective product, medical mistake or violent crime in the Austin area, we are here to help. Thompson Law offers compassionate guidance and dedicated legal representation to families harmed by wrongful death. Contact us today to schedule a FREE CONSULTATION with our skilled wrongful death attorneys in Austin.

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Frequently Asked Questions

Losing a loved one because of someone else’s negligence can leave you with difficult questions about your legal rights and what comes next. Below are answers to some of the questions our firm hears most often.

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

In most cases, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. Missing this deadline could prevent you from recovering compensation. Some cases have exceptions, so it’s important to understand the deadline that applies to your situation as soon as possible.

Who can file a wrongful death claim in Texas?

Texas law generally allows the surviving spouse, children, and parents of the person who passed away to file a wrongful death claim. If none of these family members file within three months, the personal representative of the estate may be able to bring the claim unless the eligible family members object.

What compensation is available in a wrongful death case?

A wrongful death claim may include compensation for funeral and burial expenses, lost financial support, loss of companionship, emotional pain and suffering, and the value of services your loved one would have provided to your family. Every case is different, and the amount depends on the specific losses involved.

What if the person responsible for my loved one’s death doesn’t have insurance?

You may still have options. Depending on the circumstances, compensation could be available through the at-fault party’s employer, another liable individual or company, or your own uninsured or underinsured motorist coverage if the death resulted from a motor vehicle accident. An attorney can investigate all potential sources of recovery.

Will filing a wrongful death claim affect my loved one’s estate?

No. A wrongful death claim is separate from the probate process and does not reduce or interfere with your loved one’s estate. It is a civil claim brought on behalf of eligible surviving family members for the losses they have personally suffered.

How long does a wrongful death case usually take?

Some wrongful death claims resolve within several months, while others take a year or more if liability is disputed or a lawsuit becomes necessary. It’s often better to allow time for a thorough investigation than to accept a settlement before the full value of the claim is known.

Do most wrongful death cases go to trial?

No. Many wrongful death claims are resolved through settlement negotiations before reaching trial. However, if the insurance company refuses to offer fair compensation, filing a lawsuit and preparing for trial may be necessary to protect your family’s rights.

How much does it cost to hire an Austin wrongful death lawyer?

Most wrongful death attorneys work on a contingency fee basis. That means there are no upfront attorney fees, and you only pay if compensation is recovered for your family. This allows you to pursue justice without adding financial stress during an already difficult time.

Thompson Law Guarantee

Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $2.1 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.

State law limits the time you have to file a claim after an injury accident, so call today.