Compassionate, determined representation for families who have lost a loved one due to another's negligence. No fee unless we win.
Call (512) 474-0100 Free Confidential ConsultationNo legal process can undo the loss of a parent, spouse, or child. But when that loss is caused by someone else's negligence, recklessness, or intentional misconduct, Texas law provides surviving family members the right to pursue justice and hold those responsible accountable. A wrongful death claim can provide compensation that helps your family move forward — and it sends a message that dangerous conduct has consequences.
At Baker Matthews Law Collective PLLC, we handle wrongful death cases with the combination of compassion your family deserves and the aggressive, thorough advocacy your case demands. Alex J. Matthews and Daniel Baker have extensive experience pursuing wrongful death claims arising from car accidents, truck accidents, workplace incidents, premises hazards, and more. We communicate clearly, move carefully, and fight relentlessly — so your family never has to navigate this process alone.
We offer free, confidential consultations. There is no obligation and no fee unless we achieve a recovery for your family.
Prior results do not guarantee a similar outcome.
We know this is an overwhelming time. These steps protect your legal rights while you focus on your family:
Prior results do not guarantee a similar outcome. Each case is unique.
Under Texas Civil Practice & Remedies Code §71.004, the following family members may bring a wrongful death claim:
If none of these individuals file within three months of the death, the personal representative (executor) of the estate may file on the beneficiaries' behalf. Siblings, grandparents, and other relatives generally do not have standing to bring a wrongful death claim in Texas — but may have separate survival action rights through the estate.
Texas wrongful death damages are divided into categories:
A separate survival action may also be brought on behalf of the deceased's estate for the pain and suffering the deceased experienced between the injury and death, as well as lost earning capacity. Our attorneys assess both wrongful death and survival claims in every case.
Related practice areas: truck accidents and car accidents are among the leading causes of wrongful death in Austin.
Texas law imposes a two-year statute of limitations on wrongful death claims, running from the date of the deceased's death (Tex. Civ. Prac. & Rem. Code §71.021, incorporating §16.003). This deadline is strict — courts almost uniformly dismiss cases filed after two years, regardless of how strong the underlying claim is.
There are limited exceptions, such as when the claimant is a minor child, but these exceptions are narrow and must be properly asserted. If a government entity (city of Austin, TxDOT, school district) is partly responsible, notice of claim may be required within six months of the death under the Texas Tort Claims Act.
The most important thing you can do after losing a loved one to another's negligence is speak with an attorney quickly — not necessarily to file suit immediately, but to ensure your rights are protected and evidence is preserved.
We understand that behind every wrongful death case is a family in pain. We communicate gently, explain every step, and protect you from having to deal directly with insurance companies or defense lawyers.
Alex Matthews and Daniel Baker developed their wrongful death litigation skills at Thomas J. Henry — one of Texas's most formidable personal injury firms. They know how to build and present the strongest possible case for surviving families.
Economic experts. Vocational specialists. Life care planners. We retain the professionals necessary to put accurate, defensible numbers on your family's financial and emotional losses.
We handle wrongful death cases on a pure contingency fee basis. Your grieving family will never receive a bill from us unless we recover compensation for you.
Under Texas Civil Practice & Remedies Code §71.004, the surviving spouse, children (biological or adopted), and parents of the deceased may file. If none of them file within three months of the death, the estate's personal representative may do so on their behalf.
Two years from the date of the deceased's death. This deadline is strictly enforced by Texas courts. If a government entity is partly responsible, notice requirements may be as short as six months. Contact an attorney as soon as possible to protect your family's rights.
A wrongful death claim is brought by surviving family members for their own losses — grief, lost support, companionship. A survival action is brought by the deceased's estate for losses the deceased personally suffered before death — their own pain, suffering, medical bills, and lost earning capacity between the injury and their death. Both claims can often be pursued simultaneously.
A civil wrongful death claim is completely separate from any criminal prosecution. Even if the responsible party is acquitted in criminal court, or if no criminal charges are filed, your family may still pursue a civil wrongful death claim using the lower "preponderance of the evidence" standard. Many families pursue civil claims even when criminal cases fail.
Yes, if the defendant acted with malice or gross negligence. Common scenarios include drunk driving fatalities, employer violations of safety regulations, and intentional misconduct. Texas caps exemplary damages under Chapter 41 of the Civil Practice & Remedies Code, but they can substantially increase a family's total recovery.
Each eligible family member — spouse, children, parents — has an independent claim and may recover independently for their own losses. The allocation is not automatic and can be negotiated as part of a settlement or determined by a jury. Our attorneys help ensure each family member's individual losses are properly accounted for and sought.
Free, confidential consultation. No fee unless we win. We handle every aspect of your case so you can focus on healing.
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