Central Texas Wrongful Death Attorney
Wrongful death in Texas — justice and accountability for the families left behind.
Losing someone you love because of another person’s negligence is a devastating and irreversible loss. Texas law gives surviving family members the right to pursue justice and hold the responsible party financially accountable.
Texas Wrongful Death Law
No legal outcome can undo your loss. But accountability matters — and so does your family’s financial future.
When someone dies because of another person’s negligence — a car accident, a truck collision, a dog attack, or another act of carelessness — Texas law gives the surviving family members the right to hold the responsible party financially accountable. A wrongful death claim does not bring your loved one back. But it can provide meaningful justice and financial stability for the family left behind.
Carl Knickerbocker approaches wrongful death cases with both the rigorous legal advocacy these cases require and the sensitivity they deserve. These are not just legal claims — they involve families in crisis, and we treat them that way from the first conversation to the final resolution.
Who Can File A Claim
Under Texas law, the following family members may bring a wrongful death claim:
The estate of the deceased may also bring a survival action for damages the decedent suffered before death, including medical expenses and conscious pain and suffering.
What You Can Recover
Damages available in a Texas wrongful death claim
Lost Financial Support
Compensation for the income, financial contributions, and services the deceased would have provided to the family over their expected lifetime — including future earnings, benefits, and household support.
Loss of Companionship
Damages for the loss of love, affection, comfort, companionship, and consortium — the intangible but very real losses that surviving family members experience when someone they loved is taken from them.
Mental Anguish
Compensation for the grief, trauma, emotional suffering, and mental anguish experienced by surviving family members as a result of their loss.
Medical & Funeral Expenses
The costs of medical care the deceased received before death, as well as funeral and burial expenses, can be recovered as part of a wrongful death or survival action.
Parental Guidance
When a parent is killed, surviving children may recover for the loss of parental guidance, nurturing, and support they would have received throughout their childhood and into adulthood.
Punitive Damages
In cases involving gross negligence or intentional conduct, Texas courts may award exemplary damages to punish the responsible party and deter similar conduct in the future.
Common Questions
Wrongful Death FAQs
How long do I have to file a wrongful death claim in Texas?
Texas law generally requires wrongful death claims to be filed within two years of the date of death. However, if the eligible family members do not file within that period, the estate’s personal representative may also have standing to bring the claim. Do not wait — consult with an attorney as soon as possible to protect the family’s rights.
Does a criminal case affect a wrongful death claim?
Civil and criminal cases are entirely separate. A criminal prosecution requires proof beyond a reasonable doubt — a much higher standard than civil liability, which requires only a preponderance of the evidence (more likely than not). A person can be acquitted criminally but still held liable in a civil wrongful death action. Families do not need to wait for a criminal outcome to pursue their civil claim.
What if multiple family members want to file separate claims?
Each eligible family member — spouse, children, and parents — has an independent right to bring a wrongful death claim. However, it is common for family members to pursue their claims together in a single action to avoid conflicts and streamline the litigation. We can represent the family collectively or advise on the appropriate structure depending on the circumstances.
Is there a fee to start a wrongful death case?
No. Like all personal injury cases we handle, wrongful death cases are taken on a contingency fee basis — you pay no attorney’s fees unless and until we recover compensation for your family. The initial consultation is free. There is no financial barrier to getting started.
Take the first step — it’s free.
We understand this is an extraordinarily difficult time. Carl will listen with care and give your family an honest assessment of your options — free, and with no obligation.
Request Your Free Consultation
Fill out the form below and we will contact you within one business day. All information is confidential.
Prefer to call? (512) 763-9282 — Monday through Friday, 9am to 5pm.