Wrongful Death Austin Trial Lawyers

Wrongful Death Attorney in San Marcos, TX

An $810,000 Wrongful Death Result After Other Firms Saw No Path to Recovery

Losing a family member because of another person’s or company’s conduct can leave a family facing grief, unanswered questions, and sudden financial uncertainty at the same time. Texas law may allow certain surviving family members to pursue a civil claim when the person who died could have brought a legal claim if they had survived.

At Smith & Vinson Law Firm, our trial lawyers represent families in San Marcos and throughout Central Texas. The firm maintains a San Marcos office and prepares serious personal injury and fatal-injury matters with litigation in mind from the beginning. Our work includes an $810,000 settlement obtained after other firms advised that there was no path to recovery.

If your family is facing this situation, don’t wait. Call our wrongful death lawyers in San Marcos at (512) 359-3743 for a free, confidential consultation available 24/7. You can also contact us online.

Who Can Bring a Texas Wrongful Death Claim?

Texas Civil Practice and Remedies Code Chapter 71 limits these claims to:

The surviving spouse
The deceased person’s children
The deceased person’s parents

One or more eligible beneficiaries may bring the action for the benefit of all. Texas law generally recognizes a legally established adoptive parent-child relationship as a parent-child relationship, while siblings, grandparents, and other extended relatives are not included among the statutory beneficiaries.

If none of the eligible beneficiaries begins the action within three calendar months after the death, the executor or administrator generally must bring and prosecute it unless all eligible beneficiaries request otherwise.

This rule is different from the statute of limitations. It addresses who may be responsible for bringing the action, not the overall deadline for filing suit.

The Underlying Claim Still Has to Be Proven

There is no single four-element test that applies to every fatal incident.

Texas law generally requires that the person who died would have been entitled to bring a claim for the injury if they had lived. The elements therefore depend on the underlying legal theory.

In a negligence-based case, the evidence may need to establish duty, breach, causation, and damages. A fatal truck crash, defective-product case, premises claim, or intentional act can involve different standards, defenses, and responsible parties.

Our broader San Marcos personal injury practice handles serious injury matters arising from vehicle collisions and other actionable conduct in Central Texas.

What Does the $810,000 Result Show?

Our published case results include an $810,000 wrongful death settlement involving the death of a young child.

According to the firm’s account, an intruder entered the family’s home and attacked the child. A parent attempted to intervene, but the child had already suffered catastrophic injuries and later died after being transported to the hospital.

Other firms had advised that there was no path to recovery before Smith & Vinson took the case. The matter ultimately resulted in an $810,000 settlement.

Past results do not predict another family’s recovery. Liability, damages, defendants, insurance coverage, and available evidence differ from case to case.

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What Damages Can Beneficiaries Seek?

Texas law focuses on the losses suffered by the statutory beneficiaries because of the death. Depending on the evidence and family relationship, damages may include:

Pecuniary loss: Financial contributions, care, maintenance, support, services, advice, and counsel the beneficiary would reasonably have received
Loss of companionship and society: The loss of love, comfort, companionship, and the positive benefits of the family relationship
Mental anguish: Emotional pain, torment, and suffering resulting from the death
Loss of inheritance: The value the deceased person, in reasonable probability, would have accumulated and left to the beneficiary

Exemplary damages may also be available in qualifying cases involving a willful act or omission or gross negligence, subject to separate statutory requirements and limitations.

There is no fixed formula for the value of a claim.

Wrongful Death and Survival Claims Are Different

A wrongful death claim belongs to the statutory beneficiaries and addresses the losses they suffered because of the death.

A survival action preserves a personal injury claim that belonged to the deceased person before death. That claim survives in favor of the heirs, legal representatives, and estate. Depending on the facts, it may include damages associated with the period between injury and death, such as the deceased person’s conscious pain, medical expenses, or lost earnings.

Both claims can arise from the same incident, but they compensate different legal injuries.

How Long Do Families Have to File?

Texas law generally requires an action for injury resulting in death to be filed within two years after the cause of action accrues, and the statute provides that accrual occurs on the injured person’s death.

Families should not assume that the deadline will be extended simply because the cause of death, the identity of a potential defendant, or all of the evidence was not immediately known. The Texas Supreme Court has held that the general discovery rule does not apply to this limitations period.

Other legal rules can affect limitations in specific circumstances. A deadline should therefore be evaluated from the actual facts rather than from a generic exception list.

Civil Claims and Criminal Cases Are Separate

Texas law specifically provides that a civil wrongful death action is not barred because the death resulted from a felonious act or because a criminal proceeding may also exist.

The two systems serve different purposes and use different legal standards. A family may have a civil claim even if criminal charges are not filed or a criminal case does not result in a conviction.

Alleged criminal conduct, however, does not automatically establish civil liability against every person or business connected to the incident. The civil case still needs its own legal basis and evidence.

When a Governmental Unit May Be Involved

Claims involving a Texas governmental unit can follow different rules from claims against private defendants.

Governmental immunity limits when a public entity can be sued. When the Texas Tort Claims Act applies, the governmental unit generally is entitled to notice no later than six months after the incident. City charter or ordinance provisions may also impose notice requirements, and actual notice can affect the analysis.

The Act also limits damages depending on the type of governmental unit and does not authorize exemplary damages.

Families should therefore not rely only on the ordinary two-year limitations period when a public entity may be involved.

$1.2M Premises Liability
Our client, a 58-year-old IT professional, was visiting a commercial office building in Austin for a business appointment when he fell on a defective stairway. The stairway was missing a code-required handrail and had inadequate lighting. He suffered a severe ankle injury requiring surgery with permanent hardware.
$400K Personal Injury
Our client, a 26-year-old construction worker, was T-boned by a commercial plumbing truck that ran a red light at highway speed. The impact totaled his vehicle and left him with four cervical herniations, three thoracic herniations, and a permanent traumatic brain injury confirmed by advanced DTI imaging. The insurance company's initial offer was $100,000.
$67k Collision
Rear-ended by an underinsured driver, our client faced serious injuries and mounting medical bills. After securing the at-fault driver’s $30,000 policy limits, we pursued additional compensation through underinsured motorist coverage—recovering an extra $37,500 to help support her continued recovery.
$130k Premises Liability
After an improperly installed pool umbrella dislodged and struck our client, she suffered painful lacerations, dental injuries, and permanent scarring. We pursued claims against the responsible parties and secured a $130,000 settlement for her medical expenses and lasting harm.
$30k Collision
When a driver failed to yield at an intersection, our client sustained significant neck and back injuries. Through thorough documentation and strategic negotiation, we recovered the full $30,000 policy limits to help cover her medical expenses.
$75k Collision
Rear-ended by a negligent driver, our client suffered neck, back, and concussion-related injuries that required extensive treatment. Through strategic negotiation, we secured a $75,000 settlement to support her recovery and medical care.

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Your Trial Lawyers

Highly Recommend - Professional, Compassionate, and Responsive Team!
“I had a very positive experience working with Smith and Vinson Law Firm. Jarrod and his paralegal, Paloma, were very organized, professional, responsive, and kept me informed throughout the process. Jarrod is very knowledgeable and experienced, and I especially appreciate his thoughtful consideration and genuine compassion during a very traumatic personal injury time.
Jarrod was always accessible and prompt whenever I had questions or when matters needed attention, which made a meaningful difference throughout the process.
Everything was handled with care and attention to detail, and I would highly recommend Jarrod and his team.
”

- Ravi K.
Highly Recommend
“I am incredibly grateful for the care and support I have received from this law firm. After my car accident, they have treated me with respect and kindness and have exhibited genuine compassion during a very traumatic time. Jarrod took the time to explain processes clearly and was patient when answering all of my questions. Between him and his paralegal, Paloma, I have felt comfortable and informed every step of the way. I cannot thank this team enough for all they have done and continue to do during this difficult time. If you are searching for a team that will stand by you and put in the effort to reach the best possible outcome, I cannot recommend Smith & Vinson enough.”

- Mariah S.

Fatal Incidents That May Support a Claim

Depending on the facts and underlying legal theory, fatal cases may arise from:

Car or commercial truck crashes
Pedestrian or bicycle collisions
Dangerous property conditions
Defective products
Certain workplace incidents involving third-party liability or other available claims
Intentional or criminal acts that also support a civil cause of action

San Marcos sits along the I-35 corridor and has a large university community, so serious vehicle and pedestrian incidents are among the events that may require investigation locally. The facts and applicable law, not the location alone, determine whether a claim exists.

To speak with a wrongful death attorney at Smith & Vinson Law Firm, call (512) 359-3743 today.

Trial-Ready Representation From a San Marcos Office

Smith & Vinson maintains an office in San Marcos at 1920 Corporate Drive.

Jarrod L. Smith and Brad Vinson are partner and trial attorneys recognized as Texas Super Lawyers. Jarrod Smith also holds a 10.0 Avvo rating.

Smith & Vinson Law Firm offers free, confidential consultations 24/7 and handles personal injury matters on a contingency-fee basis. Attorney’s fees are collected if compensation is recovered.

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