Losing a loved one because of someone else’s negligence, recklessness, or wrongful conduct is devastating, and the impact reaches far beyond grief alone. While no amount of money can replace your loss, a wrongful death claim can provide financial stability and a measure of justice during this difficult time. At Smith & Vinson, families receive compassionate guidance and clear explanations of their options so they can make informed decisions without added pressure.
Trial-Tested Attorneys on Your Side
Founding attorneys Jarrod Smith and Brad Vinson are recognized Texas Super Lawyers Rising Stars, reflecting strong peer respect and proven results in serious, high-stakes cases. Their extensive trial experience in personal injury and complex litigation gives families meaningful leverage against insurance companies, trucking companies, and other powerful defendants seeking to limit responsibility after a wrongful death.
Wrongful Death Case Result: We secured an $810,000 settlement after other firms advised there was no path to recovery. Success in this case required looking beyond the initial denial. We are proud to have provided a path to justice for this family, securing a significant settlement in a case previously deemed impossible to win.
Dedicated Representation for Families
Our Austin wrongful death lawyers represent families in Travis County and throughout Central Texas with professionalism, diligence, and an unwavering commitment to accountability. The firm has the resources and trial readiness to stand up to large insurers and corporate defendants and is fully prepared to take your case to verdict when necessary to pursue full and fair compensation.
We understand the unspeakable difficulties that follow the death of a loved one, but you don’t have to go it alone. Call Smith & Vinson at (512) 359-3743 to get the help you deserve.
Turn Your Injury Into ActionGet the Compensation You Deserve
If you've been hurt due to someone else's negligence—whether in a car accident, slip and fall, or workplace incident—you may have a right to compensation.
Yes, Texas law explicitly permits certain family members to file a wrongful death lawsuit when a person's death results from another party's "wrongful act, neglect, carelessness, unskillfulness, or default."
Under Texas law, the following family members have the legal right to pursue a wrongful death claim:
Surviving spouses
Children (including adopted children and adult children)
Parents (including adoptive parents)
Siblings, grandparents, and other extended family members generally cannot file wrongful death claims in Texas, regardless of how close their relationship was with the deceased. Consulting with a wrongful death attorney can help you determine eligibility quickly and ensure there are no missed deadlines or procedural errors during this difficult and emotional time.
Texas Law on Wrongful Death
The Texas wrongful death laws are found under Chapter 71 of the Texas Civil Practice and Remedies Code. These statutes outline who can file claims, what damages may be recovered, and the timeframes within which claims must be filed. The statutory language serves two main purposes: to compensate close family members for their losses and to deter similar conduct by others in the future.
Several key components of Texas wrongful death law affect your case:
Eligibility requirements. Only surviving spouses, children, and parents are permitted to bring a wrongful death claim in Texas.
Venue and jurisdiction. Claims must usually be filed in the Travis County District Court or in the county where the death took place.
Time limitations. There is generally a two-year window to file, but some exceptions exist that may lengthen or shorten this period.
Available damages. The law allows for the recovery of economic and non-economic damages, as well as punitive damages in certain cases.
Proof of liability. The burden is on the family and their attorney to show the death resulted from another's negligence, recklessness, or misconduct.
Process for Filing & Proving a Wrongful Death Claim
For families in Austin, filing in the correct court is crucial. Wrongful death claims are generally filed in Travis County District Court or the county where the death occurred. A wrongful death attorney can assist you in identifying the proper venue, completing the required filings, and navigating any local court procedures.
To successfully prove a wrongful death claim, you and your attorney must establish the following:
The deceased was owed a duty of care by the defendant.
That duty was breached through negligence, recklessness, or intentional misconduct.
The wrongful death was caused by this breach of duty.
The surviving family of the deceased suffered damages as a result of this wrongful death.
Because Texas has specific statutes governing wrongful death claims, meeting these elements requires thorough investigation and documentation. Working with a wrongful death lawyer that Austin families trust can make it easier to understand whether your situation meets the legal criteria and how local court rules might affect your filing.
What is the Statute of Limitations for Wrongful Death Claims in Texas?
The statute of limitations for filing a wrongful death lawsuit in Texas is generally two years from the date of death, but there are exceptions that might extend or reduce this period, which is why it is important to meet with an experienced wrongful death lawyer as soon as possible.
Common Causes of Wrongful Death Cases
Wrongful death cases can result from any incident where negligence or misconduct violates a duty of care and leads to fatal injuries. There are many common causes of wrongful death claims in Texas.
Motor vehicle accidents. Car, truck, and motorcycle crashes caused by distracted driving, speeding, drunk driving, or reckless behavior are a leading cause of wrongful death claims. Commercial truck accidents are especially devastating due to the size and weight disparity between trucks and passenger vehicles.
Medical malpractice. Fatal medical errors, including surgical mistakes, misdiagnosis, medication errors, and birth injuries, can lead to wrongful death claims against healthcare providers and facilities.
Workplace accidents. Fatal accidents in high-risk industries like construction, manufacturing, and oil and gas extraction often support wrongful death claims, particularly with non-subscribers to workers' compensation or when third parties are involved.
Premises liability incidents. Property owners who fail to maintain safe conditions may be liable for deaths resulting from slip and falls, swimming pool accidents, inadequate security leading to criminal acts, or structural failures.
Defective products. Manufacturers and distributors can be held accountable for deaths caused by dangerous or defective products, from automobiles and medical devices to household products and children's toys.
Criminal acts. Even when criminal charges have been filed, families may pursue separate wrongful death claims against perpetrators of intentional acts like assault or homicide.
If your loved one suffered injuries or passed away because of another's negligence or misconduct, the attorneys at Smith & Vinson can help - call (512) 359-3743.
Wrongful Death Damages
The value of a wrongful death claim, whether by settlement or trial, depends on the calculation of the damages you have suffered. In Texas, surviving family members can seek several types of damages after the death of a loved one, divided into economic, non-economic, and exemplary damages.
Damage type
Common examples
Economic damages
These cover the quantifiable financial losses resulting from the death.
Lost earning capacity and income the deceased would have provided
Medical expenses related to the final injury or illness
Funeral and burial costs
Loss of the deceased's services, maintenance, support, and care
Loss of benefits like health insurance or pension plans
Non-economic damages
These address the emotional and psychological impacts of your loved one's death.
Mental anguish
Pain and suffering
Loss of companionship, comfort, and society
Loss of consortium (for spouses)
Loss of parental guidance and nurturing (for children)
Loss of love and emotional support
Punitive damages
These are sometimes awarded when the death resulted from gross negligence, malice, or willful conduct. They are designed to deter especially egregious behavior in the future.
Depending on the type of accident that caused the death of your loved one or who the responsible parties are, there may be caps imposed on how much compensation you can receive. Texas does not impose caps on compensatory damages in most wrongful death cases.
Are Wrongful Death Cases Hard to Win?
Yes. Wrongful death cases are challenging. They present unique difficulties that demand legal knowledge and are often fought against large teams of attorneys with significant resources. These claims tend to be more complex than standard personal injury cases for several reasons:
Complex liability. Many wrongful death cases involve multiple potentially responsible parties, each with their own defense teams and insurance companies.
Extensive damage calculations. Quantifying the financial and emotional impact of a person's death, including lost future income and contributions, requires advanced economic analysis and a compelling presentation from your attorney.
Significant opposition. Especially if insurance companies or trucking companies are involved, you can expect formidable defense teams, detailed legal research, and extended litigation.
In Austin, it is common for wrongful death lawsuits to involve multiple parties, including local businesses, service providers, and insurers. This means attorneys must be familiar with Texas statutes and the way Austin-area courts handle complex liability cases. Hiring a wrongful death lawyer Austin residents have turned to in similar cases improves your ability to manage the layers of evidence and the procedural strategy required to overcome difficult opposition.
Our attorneys have the experience and resources necessary to manage these challenges. We work with medical experts, accident reconstruction specialists, economists, and other professionals to build strong cases that establish liability and fully demonstrate the extent of your family's losses.
Do Most Wrongful Death Cases Settle?
The majority of wrongful death cases settle before reaching trial, but settlement is not always guaranteed or even the best option for your family. Sometimes, going to trial for fair compensation takes more time and resources, but only your attorney can advise you on what is best for your situation.
A few factors that may influence whether your case will settle (and for what amount) include the following:
Strength of evidence. Cases with clear liability and well-documented damages are more likely to settle for favorable amounts because defendants recognize the risk of a larger jury verdict.
Insurance coverage limits. Insurance coverage can influence settlement negotiations, especially if the defendant has limited personal assets beyond their insurance.
Your family's goals. Some families want a faster resolution and guaranteed compensation, while others feel strongly about taking the case to court and creating a public record of the wrongdoing.
Defendant's approach. Some defendants and insurance companies are more willing to settle based on their internal policies and risk assessment.
With wrongful death claims in Austin and Central Texas, settlement negotiations may depend on the practices of local insurers and businesses. In some cases, mediation or court-ordered settlement talks are required by local rules. If you are considering whether to settle or go to trial, a wrongful death attorney can provide guidance based on experience with Travis County court procedures as well as the outcomes typical for similar cases in Austin.
At Smith & Vinson, we prepare every case as if it will go to trial, even if we believe a settlement is possible. Opposing parties are often more likely to offer fair settlements when they know you are ready to go to court. When Smith & Vinson represents you, opposing parties know you are prepared to take your case all the way to court if necessary.
What to Look for in an Attorney for Wrongful Death Claims
Choosing the right attorney for a wrongful death claim is one of the most important decisions you'll make during this difficult time. Consider these factors when selecting your representation:
Experience with wrongful death cases. Seek attorneys who have handled wrongful death claims, not just general personal injury cases. Ask about their track record with similar cases.
Resources for thorough case development. Wrongful death cases require substantial resources for investigation, expert witnesses, and case preparation. Ensure the firm has the ability to build your case fully.
Trial experience. Most cases settle, but you need an attorney willing to take your claim to trial if necessary. Ask about the attorney's trial background and results.
Clear communication. Your attorney should explain complex legal concepts in simple terms and keep you updated throughout the process.
Personal connection. You should feel comfortable with your attorney and confident in their commitment to your case. Trust your instincts after a consultation, as your first impression of a lawyer is important.
At Smith & Vinson, we build strong relationships with our clients based on trust, respect, and open communication. Schedule a free consultation with our attorneys and put our reputation for courtroom excellence in your corner.
$2.5MPersonal Injury
Williamson County Live PD Raid: Our firm represented a family in a civil rights and personal injury case after Williamson County deputies staged a raid on their home for the reality show Live PD. The raid caused serious psychological and emotional injuries, leaving the family traumatized by an event that never should have happened.
$810kWrongful Death
Our client experienced every parent’s worst nightmare when an intruder entered the family’s home and attacked their young child. Hearing the struggle in the bedroom, the parent rushed in to fight off the attacker, but the child had already suffered catastrophic injuries. Despite being rushed to the hospital, the child later passed away.
$180kCar Accident
Full Policy Limits Recovered for Injured Child - Our firm recently represented a young girl who suffered significant injuries when a reckless, uninsured driver slammed into her head-on. The at-fault driver carried no insurance, but we refused to let that leave our client without justice.
$75kRear-End Collision
At our firm, we are proud to fight for clients who are injured through no fault of their own. In this case, our client was hit from behind when another driver recklessly smashed into her vehicle. She was left with painful injuries and faced mounting medical bills, missed work, and the stress that comes with being hurt in a crash.
The days following a wrongful death are filled with uncertainty. You need an attorney who can cut through the confusion and secure your family's future. Smith & Vinson acts as your shield and your sword, holding negligent parties accountable across Central Texas.
How We Help Austin Families:
Immediate Investigation: We coordinate with Austin law enforcement and experts to preserve crucial evidence before it vanishes.
Procedural Precision: We handle every filing and deadline required by Austin courts, ensuring a technicality never jeopardizes your case.
Total Support: We manage the insurance companies and legal noise so you have the space to heal.
.png.2508141209202.webp "AVVO Brad")
