Austin Wrongful Death Attorney

Last updated on March 18, 2026

In personal injury law, there is one area that is more painful personally and more devastating financially than any other: the loss of a loved one. Whether the person you cared about was lost due to negligence or intentional, wrongful acts, it’s impossible for anyone outside of your situation to know exactly what you’ve experienced. But you can take action.

My name is Matthew Shrum. I know the loss you have suffered is unimaginable and that you are hurting in ways you never thought you would. Losing a loved one is awful, and I’m truly sorry.

But if you lost a loved one because of someone else’s actions, you can and should hold them accountable. I will help you do just that.

The Texas Wrongful Death Act

Under Texas law, there are restrictions on when and how a person can pursue damages for a wrongful death claim. The Texas legislature passed a law that defines much of the way forward in terms of one of these claims, and it specifically codifies who can file a claim and under what conditions.

The people with standing to pursue a claim in Texas are:

• The spouse of the deceased
• The children of the deceased
• The parents of the deceased
• A representative for the estate

The spouse of the deceased may pursue wrongful death claims before anyone else. If the spouse is not able or unwilling, the children may file and if there is no spouse or child, then the surviving parents may file. If there are no other parties available, an appointed representative of the estate may pursue a wrongful death claim on behalf of the estate.

Types of Damages In Wrongful Death Claims

Wrongful death claims are among the most complex personal injury claims to pursue compensation for because the damages are so immense. There are two classes of damages to start, the first being economic damages, followed by noneconomic damages. Economic damages describe any damage or cost you have directly related to the loss, which in a wrongful death claim include:

• Medical costs: Often, there are aggressive life-saving procedures that are ultimately unsuccessful. The hospital will still bill these to the family. So will any ambulance service used or any other medical treatment received.

• Funeral costs: Burial, wakes and religious requirements for burial all cost a considerable amount of money, and these costs can be recovered in your lawsuit.

• Lost income: Your loved one likely contributed significantly to the household income. In the short term, their loss means you cannot keep up with your day-to-day, week-to-week bills.

• Lost future earnings: Similar to the lost income is the loss of future earnings. Texas law employs a complex equation to weigh a person’s potential future earnings.

These damages are 100% recoverable under the law and are a necessity in helping families recover from such an overwhelming loss.

The next category of damages is noneconomic damages, which includes less cut and dried types of pain that cannot be given an easy number like economic damages.

• Pain and suffering: The mental anguish and suffering of a lost loved one is enormous and real. It is one of the guiding ways to secure additional compensation, but it will always be hard to place an exact number on it.

• Loss of consortium: There is a real value in the companionship and support that you receive from a partner, from the way they make your morning coffee to the inside jokes. Losing that is painful, and you can seek monetary damages for it.

• Loss of enjoyment: Losing a loved one with whom you shared everything may mean you lose the enjoyment of those shared moments.

In some cases, under Texas law, the noneconomic damages are capped at $750,000. However, that cap is removed if there is evidence that the harm and death were intentional. If that is the case, then punitive damages – damages that seek to punish the liable party – are on the table.

All of these damages can add up to a massive sum. It may not ever truly make up for what you lost when you lost your loved one. But it will help you move forward more easily. An experienced wrongful death lawyer can assess your case and determine what is the likely outcome.

Common Causes Of Wrongful Death Claims

Wrongful death covers any death caused by negligence or willful acts. That can include many types of deaths, from those due to criminal actions to those caused by accidents. The most common causes of a wrongful death include:

• Motor vehicle accidents (MVAs): MVAs are the most common type of serious personal injury claim. The force and trauma caused by a car crash, commercial vehicle accident or motorcycle crash are immense and often fatal.

• Workplace accidents: The most catastrophic of workplace accidents can happen in any sort of workplace, not just one with considerable heavy machinery. If an accident at work claims the life of your loved one, the process for recovery is a bit different.

• Medical negligence: People are no more vulnerable than they are in the care of a medical professional; their mistakes are catastrophic. Medical negligence wrongful death suits are complicated, but I can help you find the way forward.

Each wrongful death case is complex. Not just because of the underlying cause, but because each life is unique. I pay close attention to each of my clients’ needs and help them pursue their case in the way they most need.

Frequently Asked Questions About Wrongful Death

You can’t be expected to have all the answers in the aftermath of a tragedy, but you likely have questions. I can provide you with answers to whatever you want to know, which is probably about deeply personal concerns. But many of my clients also start with more general questions like:

What is the statute of limitations?

The statute of limitation in Texas is two years from the date of the date of the death. Two years can seem like more than enough time to file a lawsuit, but that time is often filled with grieving and picking up the pieces. That time can go so, so fast. Delaying a lawsuit may close off any chance you have at recovery or holding the other party accountable.

How can you prove a wrongful death claim?

A wrongful death claim is proved by the evidence collected and the arguments presented in court that define that evidence. As wrongful death claims are civil claims, the burden of proof is much lower than in criminal cases, needing only to prove that it is more likely than not that the loss of life was wrongful.

How can a lawyer help in a wrongful death case?

As your wrongful death lawyer, I will listen to you first about everything you’ve suffered through. I’ll help collect the evidence and I’ll lead efforts in meetings and in court to secure you the compensation for your loss. I will be the voice you deserve. I will be the source for your answers. Whatever you need in this hard time, I will help you secure it in whatever way I can.

Get A Free Consultation With A Wrongful Death Attorney Today

You have lost too much. It probably seems overwhelming to take the next step, but you don’t have to do this on your own. Call my office at 512-994-0313 or send an email to set up a free consultation. I’m ready to listen. I’m ready to help you.