Losing someone you love because of another person’s negligence or reckless actions leaves a kind of pain that no words can fully describe. Your family is grieving, trying to make sense of what happened, and suddenly facing financial pressures that make an already unbearable situation feel even worse. Medical bills from your loved one’s final treatment, funeral costs, and the loss of income your family counted on can create an overwhelming burden during the most difficult time of your life.
The person or company whose carelessness took your loved one from you should be held accountable for the harm they have caused. The Texas Civil Practice and Remedies Code Chapter 71 gives surviving family members the right to pursue a wrongful death lawsuit when a death results from another party’s wrongful act, neglect, carelessness, or default.[1] These cases involve complicated legal and insurance issues that no grieving family should have to navigate alone, and the responsible party’s insurer will work aggressively to minimize what your family receives.
Austin is one of the fastest-growing cities in the country, and that rapid growth has brought heavier traffic on highways like I-35 and MoPac, more construction activity, and new risks that put residents in danger every day. Whether your loved one was killed in a traffic collision, a workplace incident, a medical error, or any other preventable tragedy, an experienced Austin wrongful death attorney can fight to hold the responsible parties accountable and pursue the compensation your family needs to move forward.
At Jim Adler, The Texas Hammer®, we have spent more than five decades standing up for grieving families across Texas. Our team understands that no amount of money will bring your loved one back, and we also know that financial security and justice matter deeply to the people left behind. We are here to carry the legal burden so you can focus on your family.
With offices serving Austin and communities throughout Texas, our team can move quickly to investigate the circumstances of your loss and start building your wrongful death case. Your first step is a FREE wrongful death case review.
Call 1-800-505-1414 now or click here to get started online.
A heavy box truck struck a young mother’s stalled vehicle at highway speed, taking her life despite the fact that her hazard lights were clearly flashing at the time of the collision. Her daughter was inside the car as well and survived, but she required emergency surgery to treat serious injuries from the impact. The family had taken every reasonable precaution during the breakdown, yet a commercial driver’s reckless failure to slow down turned an ordinary roadside situation into a devastating loss.
The company or person responsible for your loved one’s death already has legal and insurance teams working to protect their interests. Their goal is to pay your family as little as possible, and they started building their defense the moment the fatal incident occurred. You deserve someone on your side who will fight just as hard for your family as those teams are fighting against you. An experienced Austin wrongful death lawyer brings the legal knowledge, resources, and determination your family needs to pursue full accountability and fair compensation during this painful time.
Wrongful death cases involve layers of legal complexity that go far beyond what most families have ever dealt with before. Your attorney must understand the specific requirements of the Texas Civil Practice and Remedies Code Chapter 71, including who qualifies to file a claim, what types of damages your family can pursue, and how strict filing deadlines affect your rights.[1] A single misstep in any of these areas can weaken your case or cost your family the right to seek compensation altogether.
An Austin wrongful death attorney who handles these cases regularly can guide your family through every stage of the legal process, from the initial investigation through settlement negotiations or trial. Our team at Jim Adler & Associates explains what to expect at each step, answers your questions in plain language, and helps you make informed decisions about your case so that you are never left guessing about what comes next.
Critical evidence in wrongful death cases can disappear quickly if no one acts to protect it. Surveillance footage gets recorded over, electronic data from vehicles and equipment can be overwritten, witnesses forget important details, and the responsible party may have every reason to let that evidence vanish. The investigation your family needs requires speed, resources, and experience that most people simply do not have access to on their own.
Our legal team moves fast to secure the evidence your case depends on. We send preservation letters demanding that the responsible parties protect all relevant records, and we work with accident reconstruction experts, medical specialists, and investigators to build a clear picture of what happened and why. Police reports, medical records, witness statements, safety inspection logs, and electronic data all become part of the case our attorneys build on your family’s behalf.
Insurance companies are not on your family’s side, no matter how sympathetic their adjusters may sound on the phone. Their business model depends on paying out as little as possible, and they use well-practiced tactics to accomplish that goal. Adjusters may push for a quick settlement before your family understands the full value of your claim, request recorded statements designed to create contradictions, or dispute the connection between the negligent act and your loved one’s death.
A wrongful death lawyer Austin families rely on knows exactly how insurance companies operate and will not let them take advantage of your grief. Jim Adler & Associates handles all communications with the insurer, so you never have to worry about saying something that could hurt your case. Our attorneys understand the tactics adjusters use, and we counter them with thorough preparation and aggressive advocacy that protects your family’s right to fair compensation.
Many families do not realize just how many types of damages they may be entitled to recover in a wrongful death case. Economic damages such as medical expenses from your loved one’s final treatment, funeral and burial costs, lost wages, and the future income and financial support your family has lost are often substantial on their own. Non-economic damages for mental anguish, loss of companionship, loss of consortium, and the emotional suffering your family endures can add significantly to the total value of your claim.
In cases involving gross negligence or willful misconduct, Texas Civil Practice and Remedies Code Section 41.003 may allow your family to pursue exemplary damages designed to punish especially reckless or intentional behavior.[2] Our attorneys evaluate every possible category of damages from the start so that nothing is overlooked when we fight to maximize the compensation your family receives.
Grieving a loved one is one of the most difficult experiences any person will ever face, and the last thing your family needs is the added stress of managing a complicated legal case. Paperwork, deadlines, phone calls from insurance adjusters, and the pressure of making legal decisions while you are emotionally overwhelmed can feel impossible to handle on your own.
When you hire our team, we take that burden off your shoulders. Jim Adler & Associates manages every aspect of your wrongful death claim, from filing the necessary legal documents to communicating with all parties involved. Your job is to be with your family, and our job is to fight for justice and accountability on your behalf. We keep you informed every step of the way so you always know where your case stands without having to chase anyone for answers.
Most wrongful death cases reach a settlement before trial, but the key to achieving a fair settlement is having a legal team that the defense knows will not back down. Insurance companies track which attorneys are willing to take cases to court and which ones routinely accept lowball offers to avoid the work of preparing for trial. When the other side knows your lawyers are ready and able to present your case before a jury, they have far more reason to offer a fair settlement.
Jim Adler, The Tough, Smart Lawyer®, and our team of more than 30 attorneys and 300 legal professionals prepare every wrongful death case as if it will go to trial. That preparation consistently produces stronger outcomes for our clients because the insurance companies understand we will not accept anything less than what your family actually deserves.
Your family should never have to worry about paying legal fees out of pocket while you are already dealing with the financial strain of losing a loved one. At Jim Adler & Associates, we handle wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you.* Your initial consultation is completely free, and there is no financial risk to your family for reaching out to learn about your legal options.
With hundreds of wrongful death lawsuits filed, our numbers speak for themselves.
If you have lost a loved one because of someone else’s actions, you may have heard terms like “wrongful death claim” and “survival action” without fully understanding what they mean or how they apply to your family’s situation. The legal process can feel confusing and overwhelming when you are already dealing with grief, and getting clear answers about your rights is an important first step toward seeking justice. The sections below explain the key legal concepts that form the foundation of wrongful deatch cases in Texas so your family can make informed decisions about how to move forward.
A wrongful death occurs when a person dies because of another party’s negligence, carelessness, reckless conduct, or intentional misconduct. Under the Texas Civil Practice and Remedies Code Section 71.002, a wrongful death action may be brought when the death is caused by a wrongful act, neglect, carelessness, unskillfulness, or default that would have entitled the injured person to file a personal injury lawsuit had they survived.[1] In other words, if your loved one would have had the right to sue the responsible party for their injuries, your family may now have the right to pursue a wrongful death claim because of their death.
These cases arise from a wide range of preventable tragedies. Fatal car and truck accidents, workplace deaths caused by safety violations, medical errors that result in a patient’s death, defective products that cause fatal injuries, and dangerous property conditions that lead to deadly falls or other incidents can all give rise to a wrongful death civil action in Texas. What ties all of these situations together is that someone failed to act with reasonable care, and that failure cost your loved one their life.
Families often wonder whether a wrongful death lawsuit is connected to any criminal charges the responsible party might face, and the answer is that these are two entirely separate legal processes. A criminal case is brought by the government to punish the person who committed a crime, and the outcome of that case determines whether the defendant goes to jail or faces other criminal penalties. Your family does not control whether criminal charges are filed, and a criminal conviction does not automatically result in compensation for your family’s losses.
A wrongful death lawsuit is a civil action that your family brings directly against the responsible party to seek financial compensation for the harm their actions caused. The burden of proof in a civil case is also lower than in a criminal case. In a criminal trial, prosecutors must prove guilt “beyond a reasonable doubt,” while a civil wrongful death claim requires your attorney to prove liability by a “preponderance of the evidence,” meaning it is more likely than not that the defendant’s conduct caused your loved one’s death. This is an important distinction because it means your family can successfully pursue a wrongful death case even if the responsible party was never charged with a crime or was found not guilty in a criminal proceeding. An Austin wrongful death lawyer can evaluate your family’s situation and pursue accountability through the civil courts regardless of what happens on the criminal side.
In addition to wrongful death claims, Texas also recognizes a related but separate legal claim known as a survival action. While a wrongful death claim compensates the surviving family members for their own losses, a survival action allows the deceased person’s estate to pursue compensation for damages the deceased themselves experienced before they passed away. The Texas Civil Practice and Remedies Code Section 71.021 establishes the legal basis for survival claims in Texas.[3]
A survival claim may include compensation for the pain and suffering your loved one endured between the time of the injury and the time of their death, as well as medical expenses incurred during that period and any other damages your loved one could have claimed if they had survived. For example, if your family member was injured in a truck accident on I-35 and survived for several weeks before passing away from their injuries, the estate could pursue a survival claim covering the physical pain, emotional distress, and treatment costs they experienced during those weeks. The personal representative or executor of the estate typically files the survival action, and any recovery becomes part of the estate.
Understanding the difference between these two types of claims matters because pursuing both can significantly increase the total compensation available to your family. An experienced Austin wrongful death attorney can evaluate whether your situation supports both a wrongful death claim and a survival action, and can make sure your family does not leave any rightful compensation on the table.
Our Austin wrongful death lawyers help families pursue the compensation they deserve. We only get paid if you win.* And we fight to win.
One of the first questions families ask after losing a loved one is whether they have the legal right to file a wrongful death claim. Texas is more restrictive than many other states when it comes to who can bring these cases, and the Texas Civil Practice and Remedies Code Section 71.004 identifies which family members have standing to pursue a wrongful death lawsuit.[1]
Under Section 71.004, only the surviving spouse, children, and parents of the deceased person have the right to file a wrongful death action in Texas.[1] The law applies equally whether the children are adults or minors, and it does not matter whether the parents were still actively involved in the deceased person’s daily life at the time of death. Each eligible family member may file individually or join together in a single lawsuit, and an Austin wrongful death lawyer can help your family determine the strongest approach based on your specific situation.
Texas wrongful death law does not extend filing rights to siblings, grandparents, aunts, uncles, cousins, unmarried domestic partners, stepchildren who were never legally adopted, or in-laws, regardless of how close their relationship with the deceased may have been. If no eligible family member files a wrongful death lawsuit within three calendar months of the death, the executor or administrator of the deceased person’s estate may file the action on behalf of the beneficiaries.[1] The overall statute of limitations still applies, which makes consulting with an Austin wrongful death attorney as soon as possible an important step for any family considering legal action.
The deceased person’s estate plays a distinct legal role that families sometimes confuse with their own individual rights as surviving family members. In a wrongful death claim, the eligible survivors seek compensation for their personal losses such as lost financial support, loss of companionship, and mental anguish, while the estate can pursue a separate survival action to recover damages the deceased experienced before their death. The personal representative or executor files and manages any survival claim, and any recovery becomes part of the estate for distribution according to the deceased person’s will or the inheritance rules established under Texas Estates Code Chapter 201.[4] Pursuing both types of claims can result in significantly greater total compensation for your family and the estate.
Filing a wrongful death lawsuit within the time allowed by law is one of the most important steps your family must take to protect your right to seek justice. Texas imposes strict deadlines on these cases, and missing the filing window can permanently eliminate your family’s ability to hold the responsible party accountable. Speaking with an Austin wrongful death lawyer as soon as possible after your loss can help make sure your family does not lose valuable legal rights.
The Texas Civil Practice and Remedies Code Section 16.003 establishes a two-year statute of limitations for wrongful death lawsuits in Texas, meaning your family generally has two years from the date of your loved one’s death to file a civil action in court.[5] Two years passes much faster than most families expect when you are grieving, adjusting to life without your loved one, and managing financial pressures. Meanwhile, evidence your case depends on can deteriorate or disappear entirely if no one is working to protect it. Bill Adler and our legal team encourage you to reach out as early as possible so we can begin securing evidence and building your case while the facts are still fresh.
While the two-year deadline applies to the vast majority of wrongful death cases, a limited number of circumstances may alter when the clock starts running. If the negligence that caused your loved one’s death was not discovered until a later date, the discovery rule may delay the start of the limitations period, which can arise in medical malpractice cases or toxic exposure situations. Claims involving government entities follow different rules under the Texas Civil Practice and Remedies Code Chapter 101, known as the Texas Tort Claims Act, which may require formal notice of your claim within as short as six months.[6] Texas also recognizes tolling provisions for minor children, meaning the statute of limitations may not begin running until that child reaches the age of 18. Because the exceptions are narrow and the consequences of missing a deadline are severe, the safest course of action is to contact an Austin wrongful death attorney right away so our team at Jim Adler & Associates can protect your family’s legal rights from the very first day.
Wrongful deaths do not happen by chance. Nearly every fatal incident that gives rise to a wrongful death claim can be traced back to someone who failed to act with reasonable care, cut corners on safety, or made a reckless decision that cost another person their life. Understanding the most common causes of these preventable tragedies can help your family recognize when someone else’s negligence is to blame and when you have the right to seek accountability. The causes outlined below represent patterns that our attorneys at Jim Adler & Associates see repeatedly in wrongful death cases across the Austin area.
Fatal car, truck, and motorcycle accidents are among the leading causes of wrongful death claims in Austin and throughout Texas. The Texas Department of Transportation reports that Texas has not experienced a single deathless day on its roadways in more than two decades, and the Austin metropolitan area sees a significant share of those fatalities every year.[7] Speeding, distracted driving, drunk driving, and failure to obey traffic signals all contribute to fatal collisions that leave families devastated.
Truck accidents involving 18 wheelers and other commercial vehicles are especially deadly because of the massive size and weight difference between these trucks and passenger cars. When a trucking company or driver violates Federal Motor Carrier Safety Administration regulations governing rest requirements, vehicle maintenance, or cargo securement, and that violation leads to a fatal accident, the company and driver can both be held liable for the resulting death.[8] Our team has decades of experience taking on trucking companies and their insurers, and we know how to investigate these complex cases to uncover the evidence that proves who was at fault.
Austin’s growing population and expanding urban footprint have made pedestrian and bicycle safety a serious concern across the city. Runners, cyclists, and people simply crossing the street face significant danger from distracted or careless drivers, particularly along high-traffic corridors and in areas where infrastructure has not kept pace with development. A pedestrian or cyclist struck by a vehicle traveling at even moderate speed faces a high risk of fatal injuries because there is virtually no protection between the person and the vehicle.
Drivers who fail to yield to pedestrians in crosswalks, pass too closely to cyclists, or take their eyes off the road to check a phone can cause fatal accidents in a matter of seconds. When a driver’s negligence takes the life of a pedestrian or cyclist, the surviving family members have the right to hold that driver accountable through a wrongful death lawsuit. An Austin wrongful death lawyer from our firm can investigate the circumstances of the accident and pursue compensation from every responsible party.
Austin’s construction boom has created thousands of active job sites across the city, and the inherent dangers of construction work mean that fatal workplace incidents remain far too common. Falls from heights, scaffolding collapses, electrocutions, struck-by incidents involving heavy equipment, and trench cave-ins all have the potential to kill workers who are simply doing their jobs. The Occupational Safety and Health Administration identifies falls, being struck by objects, electrocution, and caught-in or caught-between hazards as the leading causes of fatal injuries in the construction industry.[9]
When a worker dies because an employer or general contractor failed to maintain safe working conditions, provide proper safety equipment, or follow mandatory safety protocols, the responsible parties should be held accountable. Wrongful death claims arising from workplace fatalities can be especially complex because they may involve multiple contractors, subcontractors, property owners, and equipment manufacturers who all contributed to the dangerous conditions. The Hammer has the resources and experience to investigate these multi-party cases thoroughly and pursue every liable party.
Families trust doctors, surgeons, nurses, and hospitals with the lives of their loved ones, and that trust makes a death caused by medical negligence feel like a profound betrayal. Surgical errors, misdiagnosis or failure to diagnose a life-threatening condition, medication mistakes, anesthesia errors, and failures to monitor a patient’s condition can all result in preventable deaths that devastate families who expected their loved one to receive competent care.
Medical malpractice wrongful death cases require your attorney to demonstrate that the healthcare provider failed to meet the accepted standard of care and that this failure directly caused or contributed to the patient’s death. These cases often require testimony from qualified medical experts who can explain what should have happened and how the provider’s actions fell short. Our legal team at Jim Adler & Associates works with respected medical professionals to build these complex cases and fight for families who have lost a loved one to preventable medical errors.
Consumers rely on the products they purchase to be reasonably safe for their intended use, and when a defective product causes a fatal injury, the manufacturer, distributor, or retailer may be held liable under Texas product liability law. Defective vehicles with faulty braking or steering systems, dangerous pharmaceutical drugs, malfunctioning industrial equipment, and consumer products with design or manufacturing flaws have all led to wrongful death cases that our attorneys have handled for Texas families. These claims often require detailed engineering analysis and expert testimony to prove that the defect existed and directly caused the fatal injury.
Wrongful death claims also arise from premises liability incidents such as fatal falls caused by dangerous property conditions, drownings at poorly maintained pools or waterways, and fires caused by negligent building maintenance. Criminal acts committed by third parties can give rise to wrongful death claims against property owners who failed to provide adequate security in areas where violent crime was foreseeable. Whatever the cause, The Voice of The Victims™ is here to investigate what happened and fight for the justice your family deserves.
Austin’s mix of busy highways, booming construction, popular lakes, and vibrant entertainment districts creates a wide range of situations where negligence can turn fatal. Major corridors like I-35 and MoPac carry heavy volumes of commercial and passenger traffic through the heart of the city, and accidents on these roads are frequently severe. Lake Travis and Lake Austin attract boaters, swimmers, and recreational visitors year-round, and boating accidents caused by intoxicated or inexperienced operators have claimed lives on these waterways.
The city’s rapid growth means that new construction sites, expanding roadways, and shifting traffic patterns create additional hazards that affect workers and residents alike. Whether your loved one’s death was caused by a traffic collision, a boating accident, a workplace incident, or any other act of negligence in the Austin area, our attorneys have experience handling wrongful death cases across all of these scenarios. Bill Adler and our legal team are ready to evaluate your family’s case and explain your options during a free consultation.
The financial impact of losing a loved one extends far beyond the immediate expenses your family faces in the days after their death. Medical bills from their final treatment, funeral and burial costs, and the sudden loss of income they provided are just the beginning. Texas recognizes that surviving family members deserve compensation for both the measurable financial losses and the deeply personal harm that no dollar amount can truly repair. Understanding the full range of damages your family may be entitled to recover is essential for making sure you do not accept a settlement that falls short of what you actually need.
Economic damages cover the financial losses your family can calculate and support with documentation such as bills, receipts, pay records, and expert analysis. These damages are designed to address the tangible monetary harm your family has suffered and will continue to suffer because of your loved one’s death.
Not every loss your family has suffered can be measured with a receipt or a bank statement. Non-economic damages recognize the profound personal and emotional harm that your loved one’s death has caused, and Texas treats these losses as just as real and compensable as the financial ones.
In cases where the responsible party’s conduct was especially egregious, Texas Civil Practice and Remedies Code Section 41.003 allows your family to pursue exemplary damages, commonly referred to as punitive damages.[2] Unlike economic and non-economic damages, which focus on compensating your family for what you have lost, exemplary damages are designed to punish the defendant for acting with fraud, malice, or gross negligence and to discourage others from engaging in similarly dangerous behavior.
Exemplary damages may apply when a trucking company knowingly forced its drivers to violate federal rest requirements, when a property owner ignored repeated warnings about a life-threatening hazard, or when a manufacturer concealed evidence that its product was fatally defective. While these damages are not available in every wrongful death case, they can substantially increase your family’s total recovery when the evidence supports them. An Austin wrongful death lawyer from our team evaluates every case for potential exemplary damages and pursues them aggressively when the facts warrant it.
As discussed earlier in this article, a survival action allows the deceased person’s estate to seek compensation for the damages your loved one personally experienced before they passed away. Under the Texas Civil Practice and Remedies Code Section 71.021, the estate can pursue recovery for the physical pain and suffering your loved one endured between the time of the injury and the time of death, along with the medical expenses and emotional distress they experienced during that period.[3]
Survival damages are separate from the wrongful death claim itself, and pursuing both types of claims can significantly increase the total compensation available to your family and the estate. For example, if your loved one was critically injured in a workplace accident and endured weeks of painful treatment before passing away, the survival action could cover all of the suffering and costs from that period while the wrongful death claim addresses the losses your family will carry going forward. Jim Adler, The Tough, Smart Lawyer®, and our team make sure that both claims are pursued when the facts support them, so your family does not leave any rightful compensation behind.
Families who have lost a loved one to someone else’s negligence often hear the terms “wrongful death claim” and “survival action” used in the same conversation, and the distinction between these two legal claims can be confusing during an already overwhelming time. While both claims arise from the same fatal incident, they serve different purposes, compensate different parties, and cover different categories of losses. Understanding how these claims work together is important because pursuing both can significantly increase the total compensation your family and the estate are entitled to recover.
A wrongful death claim belongs to the surviving family members and compensates them for the losses they have personally suffered because of their loved one’s death. Under Texas Civil Practice and Remedies Code Section 71.004, the surviving spouse, children, and parents of the deceased are the individuals who have standing to bring this claim.[1] The damages focus entirely on how the death has affected the survivors from the date of death forward, including the lost financial support they depended on, the loss of companionship and society they shared with the deceased, the mental anguish they have endured, and the loss of guidance and counsel their loved one provided.
A survival action belongs to the deceased person’s estate and seeks compensation for the damages the deceased themselves experienced before they passed away. The Texas Civil Practice and Remedies Code Section 71.021 allows the estate to step into the shoes of the deceased and pursue the same lawsuit the injured person could have filed had they survived.[3] The personal representative or executor of the estate files the survival action, and recoverable damages can include the physical pain and suffering the deceased endured between the time of the injury and the time of death, medical expenses incurred during that period, and emotional distress.
The most important distinction is who each claim compensates and what period of harm it covers. The wrongful death claim compensates the surviving spouse, children, and parents for their own ongoing losses from the date of death forward, while the survival action compensates the estate for the deceased person’s losses from the time of injury up to the moment of death. Because the two claims cover different categories of harm suffered by different parties, they do not overlap, and pursuing both allows your family to seek the most complete recovery possible.
To hold someone legally responsible for your loved one’s death, your family must prove that their negligence or misconduct directly caused the fatal incident. The burden of proof falls on the plaintiff, which means your legal team must build a case strong enough to demonstrate that the responsible party failed to act with reasonable care and that your family suffered real harm as a result. An experienced Austin wrongful death lawyer understands exactly what it takes to meet this burden and will fight to present the most compelling case possible on your family’s behalf.
Every negligence-based wrongful death case requires your attorney to prove four elements. First, your team must show that the defendant owed a duty of care to your loved one, which is usually straightforward because drivers owe a duty to operate safely, doctors owe a duty to provide competent treatment, employers owe a duty to maintain safe workplaces, and property owners owe a duty to keep their premises free from unreasonable hazards. Second, your attorney must prove that the defendant breached that duty by doing something careless or reckless, or by failing to do something they were required to do.
Third, your team must establish causation by showing that the defendant’s breach of duty directly caused or substantially contributed to your loved one’s death, meaning the fatal incident would not have occurred if the defendant had acted responsibly. Finally, your attorney must document the actual damages your family has suffered, including the economic losses, emotional harm, and other consequences outlined earlier in this article. When all four elements come together, your family has a strong foundation for holding the responsible party accountable.
Building a successful wrongful death case requires thorough investigation and detailed evidence from multiple sources. Police reports and incident reports provide an official account of what happened, while medical records document your loved one’s injuries and connect them to the fatal incident. Witness statements from people who saw what happened offer independent support for your family’s version of events, and expert testimony from accident reconstruction specialists, medical professionals, or engineers can establish exactly how the defendant’s negligence caused the death.
Our legal team at Jim Adler & Associates also pursues evidence specific to the type of case your family is facing. In truck accident cases, that may include electronic logging device records and driver qualification files. In workplace death cases, it may include OSHA inspection reports and safety training records. In medical malpractice cases, it may include hospital protocols and treatment logs. Bill Adler and our attorneys know how to obtain and protect this evidence before the responsible parties have a chance to alter or destroy it.
Proving liability is only half the battle. Your attorney must also compile comprehensive evidence of every loss your family has suffered to make sure the compensation you pursue reflects the true impact of your loved one’s death. Pay records, tax returns, and expert economic analysis establish the value of lost income and earning capacity. Medical bills and funeral receipts document the out-of-pocket expenses your family has already incurred. Testimony from family members, counselors, and other witnesses helps demonstrate the depth of your mental anguish, loss of companionship, and emotional distress in ways that numbers alone cannot capture.
Texas follows a modified comparative negligence rule known as proportionate responsibility under Texas Civil Practice and Remedies Code Section 33.001.[10] This means that if the deceased person was partly at fault for the incident that caused their death, your family’s total compensation may be reduced by their percentage of responsibility. For example, if a jury determines that your loved one was 15 percent at fault and your total damages are valued at $500,000, your recovery would be reduced to $425,000.
There is a critical threshold your family must be aware of under this rule. If the deceased is found to be more than 50 percent responsible for the incident, your family cannot recover any compensation at all. Insurance companies know this and frequently attempt to shift as much blame as possible onto the deceased person, who is no longer alive to defend themselves. An Austin wrongful death lawyer from The Hammer will fight back against these tactics and work to make sure fault is assigned fairly based on the evidence, not the insurance company’s strategy to avoid paying your family what you deserve.
Choosing the right attorney after losing a loved one is one of the most important decisions your family will make during this difficult time. You need a legal team that combines compassion with the experience, resources, and determination to take on the parties responsible for your loss. Jim Adler & Associates has been fighting for Texas families for more than five decades, and we bring that same dedication to every wrongful death case we handle in Austin and across the state.
We understand that behind every wrongful death case is a family going through one of the worst experiences of their lives. Our team treats you with the respect and care your situation demands, not as a case number or a file on someone’s desk. We listen to your family’s story, answer your questions with honesty and patience, and make sure you always feel supported throughout the legal process.
Jim Adler, The Texas Hammer®, has spent more than 50 years standing up for injured and grieving Texans against powerful insurance companies and corporations. Our track record includes multi-million dollar verdicts and settlements for families who have lost loved ones to negligence, and that experience gives us the knowledge and confidence to pursue the best possible outcome for your case.
Wrongful death cases involve specific statutes, filing requirements, and legal standards that require an attorney with focused experience in this area of the law. Our attorneys understand the requirements of the Texas Civil Practice and Remedies Code Chapter 71, the nuances of survival actions, comparative fault rules, and the strategies insurance companies use to minimize what they pay grieving families.[1] That knowledge allows us to anticipate challenges and build the strongest case possible on your family’s behalf.
Wrongful death cases demand significant resources to investigate and litigate effectively. Our team of more than 30 attorneys and 300 legal professionals works with accident reconstruction experts, medical specialists, economists, and investigators to build a complete picture of what happened and why. We have the financial resources to take on well-funded insurance companies and corporate defendants without cutting corners on the preparation your case requires.
Our attorneys know the Austin community, its roads, its workplaces, and the local courts where these cases are heard. That familiarity with the area gives us practical advantages when investigating fatal incidents on I-35, MoPac, construction sites throughout the metro, and other locations where negligence has cost Austin families their loved ones. Local knowledge matters when building a case that resonates with local judges and juries.
When you hire Jim Adler & Associates, you work directly with a dedicated legal team that keeps you informed at every stage of the process. We do not pass you off to a call center, and we do not leave you wondering what is happening with your case. Your family deserves to know where things stand, and our team is always available to answer your questions and address your concerns.
If you have lost a loved one because of someone else’s negligence, your family does not have to face the legal battle alone. Jim Adler, The Tough, Smart Lawyer®, and our team are ready to review your case, answer your questions, and explain your options at no cost and with no obligation. We handle wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you.* Wrongful death cases are governed by strict filing deadlines, and critical evidence can disappear if no one is working to protect it. The sooner your family reaches out, the sooner we can begin fighting for the justice and accountability your loved one deserves. Call us today or fill out the form on this page to get started.
After losing a loved one to someone else’s negligence, your family likely has urgent questions about your legal rights and what steps to take next. The answers below address some of the concerns we hear most often from families in your situation. If you have questions that are not covered here, our team is always available to speak with you directly during a free consultation.
Under Texas Civil Practice and Remedies Code Section 71.004, only the surviving spouse, children, and parents of the deceased person have the legal right to file a wrongful death claim.[1] Siblings, grandparents, extended family members, and unmarried domestic partners are not eligible to file under the current statute, regardless of how close their relationship with the deceased may have been.
If no eligible family member files a lawsuit within three calendar months of the death, the executor or administrator of the deceased person’s estate may file on behalf of the beneficiaries. Because filing rights are limited and strict deadlines apply, speaking with an attorney as soon as possible can help your family protect your legal options before any window closes.
The Texas Civil Practice and Remedies Code Section 16.003 gives your family two years from the date of your loved one’s death to file a wrongful death lawsuit.[5] Missing this deadline will almost certainly result in your case being permanently dismissed, regardless of how strong the evidence may be. Limited exceptions may apply in situations involving delayed discovery of negligence, government entities with shorter notice requirements, or minor children whose filing deadline may be tolled until they reach adulthood.
The majority of wrongful death cases reach a settlement before trial, but achieving a fair settlement depends on having a legal team that the other side knows is fully prepared to go to court if necessary. Insurance companies pay close attention to which attorneys are willing to take cases before a jury and which ones routinely accept lowball offers to avoid the work of trial preparation. At Jim Adler & Associates, we prepare every case as if it will go to trial, and that approach consistently produces stronger settlement offers because the defense understands we will not accept less than your family deserves.
Under the proportionate responsibility rules established in Texas Civil Practice and Remedies Code Section 33.001, your family can still recover compensation even if your loved one was partially at fault for the incident.[10] Your total damages will be reduced by their percentage of responsibility, so if your loved one was found 20 percent at fault and your damages totaled $500,000, your family would receive $400,000.
The critical limit to understand is that if your loved one is found to be more than 50 percent responsible, your family cannot recover any compensation at all. Insurance companies frequently try to inflate the deceased person’s share of fault to reduce or eliminate what they have to pay. Our attorneys fight back against these blame-shifting tactics and work to make sure responsibility is assigned fairly based on the actual evidence.
A wrongful death claim belongs to the surviving family members and compensates them for their own losses from the date of death forward, including lost financial support, loss of companionship, and mental anguish. A survival action belongs to the deceased person’s estate and seeks compensation for the harm the deceased personally experienced before they passed away, such as their physical pain and suffering, medical expenses, and emotional distress. These two claims cover different categories of harm, and pursuing both when the facts support them can significantly increase the total recovery available to your family and the estate.
No. A wrongful death lawsuit is a civil action that is completely separate from any criminal proceedings. Your family can file a wrongful death claim regardless of whether the responsible party was ever charged with a crime, and you can pursue your case successfully even if criminal charges were dropped or the defendant was found not guilty. The burden of proof in a civil case is lower than in a criminal trial, requiring your attorney to show that it is more likely than not that the defendant’s conduct caused your loved one’s death. Many families obtain full compensation through wrongful death claims in situations where no criminal charges were ever filed.
At Jim Adler & Associates, we handle wrongful death cases on a contingency fee basis, which means your family pays no attorney fees unless we recover compensation for you.* There are no upfront costs to get started, and your initial consultation is completely free. This arrangement removes any financial barrier to seeking justice for your loved one, because we believe that grieving families should never have to choose between paying legal fees and taking care of their household during one of the most difficult times of their lives.
After losing a loved one to negligence in Austin, your family needs a legal team that will fight for accountability and pursue every dollar of compensation you deserve. Jim Adler & Associates handles the evidence, the insurance companies, and the legal process so you can focus on your family. We offer a free case review, and you pay no attorney fees unless we recover compensation for you.* The Texas Hammer® is here for grieving families across Austin and all of Central Texas, and our team is available in both English and Spanish. Call us today to get started.
[1] Texas Civil Practice and Remedies Code, Chapter 71, “Wrongful Death; Survival; Injuries Occurring in Other States.” https://statutes.capitol.texas.gov/docs/cp/pdf/cp.71.pdf
[2] Texas Civil Practice and Remedies Code, Chapter 41, Section 41.003, “Standards for Recovery of Exemplary Damages.” https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.41&artSec=41.003
[3] Texas Civil Practice and Remedies Code, Chapter 71, Section 71.021, “Survival.” https://statutes.capitol.texas.gov/docs/cp/pdf/cp.71.pdf
[4] Texas Estates Code, Chapter 201, “Descent and Distribution.” https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm
[5] Texas Civil Practice and Remedies Code, Chapter 16, Section 16.003, “Two-Year Limitations Period.” https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
[6] Texas Civil Practice and Remedies Code, Chapter 101, “Texas Tort Claims Act.” https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm
[7] Texas Department of Transportation, Motor Vehicle Crash Statistics. https://www.txdot.gov/data-maps/crash-reports-records/motor-vehicle-crash-statistics.html
[8] Federal Motor Carrier Safety Administration, “Regulations,” U.S. Department of Transportation. https://www.fmcsa.dot.gov/regulations
[9] Occupational Safety and Health Administration, “Commonly Used Statistics,” U.S. Department of Labor. https://www.osha.gov/data/commonstats
[10] Texas Civil Practice and Remedies Code, Chapter 33, Section 33.001, “Proportionate Responsibility.” https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
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