Austin Wrongful Death Lawyers
Texas Civil Practice & Remedies Code Chapter 71 gives surviving spouses, children, and parents the right to recover — and the survival statute gives the estate a separate claim. Patterson Law Group secured the highest Wrongful Death Settlement in Texas in 2024. We serve Austin from our San Antonio office.
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How we serve Austin families
Patterson Law Group does not maintain a brick-and-mortar office in Austin. We serve Austin-area families from our San Antonio office (about 80 miles south on I-35) and our Fort Worth office. We know Texas Civil Practice & Remedies Code Chapter 71, the survival-action distinction under §71.021, the §16.003(b) two-year limitations period running from date of death, and the §33.001 comparative-fault rules. The initial case review is by phone or Zoom — at no cost.
Two separate claims under Texas law
Wrongful death (Chapter 71)
Belongs to the statutory beneficiaries under §71.004 — surviving spouse, children (minor and adult, including adopted), and parents. Recovers loss of love, companionship, financial support, household services, mental anguish, and inheritance. Two-year limitations from date of death (§16.003(b)).
Survival action (§71.021)
Belongs to the deceased's estate. Recovers the damages the deceased could have recovered had they lived — pain and suffering, mental anguish, and medical bills incurred between injury and death.
First steps after losing a loved one in Austin
- Get the death certificate and the autopsy or medical examiner's report. Travis County deaths involving trauma, suspected violence, or unattended circumstances are handled by the Travis County Medical Examiner's Office at 1213 Sabine Street, Austin. Order multiple certified copies.
- Preserve evidence before it disappears. Vehicle ECM data, surveillance footage, dashcam video, witness contact information, and social-media posts from the at-fault party all have destruction windows measured in days.
- Do not give a recorded statement to the at-fault carrier. Refer them to us.
- Get medical records together as the family gathers them. Survival-action recovery depends on the medical record between the injury and the death.
- Coordinate the probate question if there is one. A survival action belongs to the estate, which means a personal representative must be appointed. Travis County probate matters are handled at the Travis County Probate Court.
- Call a lawyer before you sign anything. Early settlement offers from carriers are almost always low.
Texas wrongful death law — what Austin families should know
Statutory beneficiaries (§71.004)
Only the surviving spouse, children (minor and adult, including adopted), and parents may file. Siblings cannot.
Compensable damages (§71.010)
Loss of love, companionship, mental anguish, financial support, household services, inheritance, and (in some cases) loss of consortium.
Survival action (§71.021)
The estate's separate claim for the deceased's pre-death pain, suffering, mental anguish, and medical bills.
Two-year limitations (§16.003(b))
Wrongful death claims must be filed within two years of the date of death. Survival actions run on §16.003(a) from the date of injury.
Modified comparative fault (§33.001)
The family can recover as long as the deceased was 50% or less at fault.
Paid or incurred medicals (§41.0105)
The survival-action medical-damages claim is limited to amounts paid or incurred. Dell Seton Level I trauma stays easily run into six figures before death.
Exemplary damages (§41.003 / §41.008)
Available on clear and convincing evidence of gross negligence. Drunk driving, repeated FMCSR violations, dram-shop over-serving on 6th Street or Rainey Street under Tex. Alc. Bev. Code §2.02 support gross-negligence claims.
Liens and subrogation
Texas hospitals can attach liens to the survival-action recovery. Dell Seton, St. David's, and Ascension Seton lien practice is routine. Federal payers have subrogation rights.
Common Austin wrongful death scenarios
- I-35 fatalities. The highest-volume commercial-truck and commuter corridor in the city. Fatigue-driven crashes and FMCSR violations.
- SH-130 toll fatalities. 85 mph speed limit produces catastrophic crashes.
- Loop 360 hill-country crashes. Tight curves on the Pennybacker Bridge stretch produce frequent fatal crashes.
- Drunk-driver wrongful death. §41.003 exemplary damages cases. Dram-shop liability under Tex. Alc. Bev. Code §2.02 can add the 6th Street or Rainey Street bar that over-served the driver.
- Motorcycle fatalities on FM-2222, RR-620, and Hill Country routes. Drivers misjudging passing distance, failure-to-yield at intersections.
- Premises-liability fatalities at SXSW and major event venues. Negligent-security and crowd-control failures.
- Pedestrian fatalities on 6th Street and downtown. Late-night DWI driver crashes at the Sixth Street entertainment district perimeter.
- Workplace and construction fatalities. Texas non-subscriber claims and third-party-defendant claims, including Tesla Gigafactory construction and Samsung Taylor build-out work.
Where Austin wrongful death cases are heard
Travis County
Heman Marion Sweatt Travis County Courthouse, 1000 Guadalupe Street, Austin. 12 civil district courts handle the docket.
Probate (survival action)
Travis County probate matters — including appointing a personal representative for the §71.021 survival action — are handled at the Travis County Probate Court.
Federal court (W.D. Tex.)
United States District Court for the Western District of Texas, Austin Division, 501 W 5th Street.
Other Austin injury cases we handle
Common questions from Austin families
Who can file a wrongful death claim in Austin under Texas law?
What is the deadline to file an Austin wrongful death lawsuit?
What is the difference between a wrongful death claim and a survival action in Texas?
How much is an Austin wrongful death case worth?
Where are Austin wrongful death cases filed?
Can we recover if our loved one was partially at fault?
Are exemplary damages available in a Texas wrongful death case?
Does Patterson Law Group have an office in Austin?
How much does it cost to hire Patterson Law Group for an Austin wrongful death case?
Lost a loved one in Austin? We're here when you're ready.
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