Wrongful Death When lives are lost, we never back down

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Austin Wrongful Death Attorneys

Fighting for Justice for You & Your Family in Texas

The death of a family member causes emotional, psychological, and financial harm to the survivors. Texas law recognizes that these injuries are real and allows specific family members to bring a lawsuit against the person who negligently caused the death. Since the wrongfulness of the death is what matters, the incident that caused the death may be involve virtually any kind of accident, including car crashes, falls in a public store, electrocutions, drownings, nursing home neglect, shootings, and so on.

If your loved one died and you believe someone else is liable, contact Briggle & Polan, PLLC. Our Austin wrongful death attorneys offer compassionate, personalized legal representation and are prepared to aggressively advocate for you and your family. We understand what you are going through and can help you fight for the justice and fair recovery you are owed.

Reach out to us today at (512) 400-3278 for a free, confidential consultation with our wrongful death lawyer in Austin. We are available 24/7; se habla español.

Millions Recovered for our clients

Landmark verdicts and settlements that speak for themselves

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$3,000,000 Severe Leg Injuries Resulting from Drunk Driver in Residential Neighborhood
Our client was hit head-on by a drunk teenager in front of an elementary school, flipping their vehicles.
$1,800,000 Delivery Truck Accident
Our client was t-boned by a large package delivery truck that was traveling in excess of 70 mph. He sustained a severe neck injury that required spinal surgery. Our firm recovered $1,800,000 on behalf of our client.
$1,531,710 Work Accident Caused Brain Injury
Our client was thrown off the back of a work truck, which fractured his skull and caused him to suffer a traumatic brain injury. *Net proceeds to the client were $900,052.11.
$1,530,000 18-Wheeler Crashes Into Multiple Vehicles, Pinning Our Client Against a Guardrail
An 18-wheeler failed to see the traffic piling up in front of him and drove full speed into a line of stopped cars on the highway. Our client was pinned up against the guardrail until the jaws of life could remove her.
$1,500,000 Driver T-Boned by Work Truck in Catastrophic Crash
Our client was driving his work truck when a concrete-supply truck ran a stop sign and crashed into the front of our client’s vehicle, crushing both trucks.
$1,285,000 Hit By Drunk Driver
Our client was run over by a drunk driver operating a company truck late at night which required multiple surgeries and months of rehabilitation. *Net proceeds to our client were $571,000.00.

Contact Our Wrongful Death Lawyer in Austin Today

Both wrongful death and survival actions are complicated. Not only are there numerous potential claimants, but there are many different legal and factual issues that have to be proved in order to recover damages. There can be no recovery without clearly proving that the person who caused the death is legally responsible. That requires experience with the specific type of accident that caused the death—auto accidents, products liability claims, falls, etc.—as well as with the technicalities of wrongful death and survival suits.

Briggle & Polan, PLLC has successfully handled many accident and death cases of all kinds. Our Austin wrongful death lawyers know what facts establish liability, and we know how to deal with the defendants, their insurance companies, and their attorneys. We have a consistent history of success. We know the value of settling the case when that’s in our clients’ interests, and we are always ready to see the case through to trial when that’s what our client’s interests require.

Call us today at (512) 400-3278 to arrange for a free consultation with our Austin wrongful death attorney. Tell us what happened and we’ll let you know the best way to proceed.

Who Can Bring a Wrongful Death Claim in Texas?

In Texas, the right to sue for wrongful death is specifically granted by a statute.

It enumerates exactly which surviving family members are entitled to bring a suit:

Parents
Children
Spouses

While that sounds clear enough, many circumstances can complicate the case. There are divorces, separations, adoptions, and other events that can cast doubt on someone’s right to sue for wrongful death. For example, does divorce prevent someone from being a “spouse,” and, if so, when exactly was the divorce “final?” Was there ever a formal marriage? These complications should be handled by an experienced Austin wrongful death attorney.

The law allows everybody who meets the definition of any one of these categories to sue. So, in almost all cases, more than one person has the right to bring a wrongful death action. Every named survivor can join in a single wrongful death action, or, alternatively, some of the survivors can bring the suit “for the benefit” of everyone.

If no eligible claimant begins a wrongful death claim within three months of the underlying death, Texas law specifies that an action be started by the estate’s executor unless each and every one of the named survivors asks that no suit be brought.

What Damages Can Be Awarded?

The “damages” for wrongful death are basically what the survivors have lost because of the relative’s death. That’s frequently a complicated question, and various claimants may suffer different amounts of loss based on the nature of their relationship to the deceased.

In broad terms, wrongful death damages consist of:

The services, support, and care that the claimant would have received from the deceased
The companionship that the survivor would have enjoyed had the deceased not died
The mental anguish endured because of the death
Any amount by which the claimant’s inheritance will be diminished; essentially, how much more would the claimant have inherited if the deceased had lived a normal life span and continued to add to the estate

Since not all claimants will have suffered the same amount of loss, the law leaves it up to the jury to decide how the total damages should be divided up among the claimants.

“Survival Actions” Differ from “Wrongful Death”

In a sense, everyone entitled to bring a wrongful death claim is the “survivor” of the person who died, but a “survival action” differs from one for “wrongful death” and is not brought by the surviving relatives. Survival actions are attempts to recover the damages which the deceased people could have recovered for themselves if they had not died. While the events that caused the death are usually the same in both kinds of lawsuits, it is the estate of the deceased which brings the survival action and the damages recovered become part of the deceased’s estate. Obviously, the surviving relatives may well end up benefitting from the damages in a survival action, but only if they inherit from the estate under the terms of the deceased’s will.

Survival Action Damages

Survival action damages typically may include any of the following if adequate proof is provided:

Medical expenses
Funeral expenses
Physical pain
Mental anguish

If the circumstances support it, punitive damages can also be awarded.

Clients Who Fought—and Won

Every testimonial tells the story of a fight we didn’t back down from.

Parker and Hayden were positive, energetic, and did everything in their power to help me.
“I would definitely recommend them to anyone that needs help with their case.”

- Matt
Briggle and Polan were phenomenal.
“They took care of it all and let me worry about recovering and getting back on my feet. Grateful for their hard work!”

- Tiffany
Thank you, Parker and Hayden, for being so hands on and taking care of me.
“This firm didn't just represent me- they took care of me and made certain that every need I had was being met.”

- Brandon
Thank you, Briggle & Polan.
“I very much appreciate all their hard work and will be happy to refer to them should the need come up for friends and acquaintances.”

- Sandi
I highly recommend Briggle & Polan, PLLC.
“If you are looking for excellent and honest attorneys, call them. You will not be disappointed.”

- Paige
I felt really taken care of, have and will continue to refer to my friends.
“I was privileged to have Hayden Briggle and Parker Polan as representation. They took the time to get to know me and cared about more than just my dollars.”

- Patrick
It was nice to be understood, treated with kindness & respect, and finally get my life back in order.
“They made dealing with my insurance claim as easy as possible and I’m not even in the same city. It was nice to be understood, treated with kindness & respect, and finally get my life back in order. I could not have asked for more.”

- Carina
They were very patient and thorough when explaining the process.
“Parker and Hayden were there for me when I needed representation after being injured in a car accident.”

- Lauren
I would recommend Briggle & Polan to all my friends and family!
“Hayden and Parker's level of expertise, integrity, and client care changed my opinion towards lawyers.”

- Julie

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Settling Isn't An Option

When the stakes are high, we fight harder

We don’t back down when the pressure is on. For high-stakes cases, we bring experience, strategy, and tenacity to fight for every dollar, every right, and every bit of justice you deserve.

Wrongful Death FAQs

In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the individual's passing. This timeframe is critical as it determines the period within which legal action must be initiated. However, certain exceptions can extend or alter this deadline, such as cases involving minors or when the discovery of the wrongful act was delayed. It's crucial to consult with legal counsel promptly to ensure that your claim is filed within the appropriate period and to explore any potential exceptions that may apply to your specific case.
While both wrongful death claims and survival actions arise from the death of an individual, they serve different purposes. A wrongful death claim seeks compensation for the losses suffered by the deceased's family members, such as loss of companionship and financial support. In contrast, a survival action is brought on behalf of the deceased's estate and aims to recover damages the deceased could have pursued if they had survived, including pain and suffering before death. These claims can often be pursued concurrently, allowing for comprehensive recovery for both the estate and the family members.
Yes, a wrongful death lawsuit can still be filed even if the deceased had a pre-existing condition, provided that the defendant's actions contributed to, aggravated, or caused the wrongful death. In such cases, it is essential to demonstrate how the defendant's negligence directly impacted the deceased's health and led to their untimely passing. An experienced attorney from Briggle & Polan, PLLC can help navigate these complex medical and legal issues to build a compelling case demonstrating the defendant's liability.

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Out Of Pocket, Ever. We front all the costs of preparing the case and our work. You only pay us if we win money for you!

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