What Kind of Lawyer Handles a Wrongful Death Claim?
What Kind of Lawyer Handles a Wrongful Death Claim?
Losing a loved one is always hard, but it’s even more painful when someone else’s actions caused their death. In Texas, that may give you the right to file a wrongful death claim — and the lawyer you hire matters. Here’s the honest answer to who actually handles these cases, and what to look for.
There’s No Separate “Wrongful Death Bar” — It’s Personal Injury Law
Texas doesn’t license a distinct category of “wrongful death attorney” the way it does, say, board-certified specialists in family law. A wrongful death claim under Texas Civil Practice and Remedies Code Chapter 71 is a personal injury and negligence claim — the same body of law, the same courts, the same standard of proof (a preponderance of the evidence) as any other personal injury lawsuit. What you’re actually looking for is a personal injury lawyer with real, specific experience handling wrongful death cases, not a different professional category altogether.
A wrongful death claim can arise from:
- Car and truck accidents caused by reckless or drunk driving
- Workplace accidents involving unsafe conditions
- Medical malpractice where a provider’s error causes death
- Defective products that are dangerous or poorly designed
What Actually Differentiates One Lawyer From Another
Since the underlying law is the same, the real differences between attorneys come down to a handful of practical things:
Case-specific experience
A lawyer who has actually handled wrongful death claims — not just injury cases where the client survived — understands the added layers: establishing who has standing to sue under § 71.004, working with the probate court to appoint a personal representative when needed, and calculating damages that include loss of companionship and mental anguish, not just medical bills.
Trial readiness
Most wrongful death claims settle, but insurers negotiate very differently with a firm that’s known to actually try cases when a fair offer isn’t on the table. Ask whether the attorney has taken a wrongful death case to verdict, not just to settlement.
Investigative resources
Building a strong case takes accident reconstructionists, medical experts, and sometimes private investigators. Larger or more established firms typically have easier access to these resources and the capital to front the costs of a serious investigation.
Why an Austin-Based Attorney Helps
A local Travis County attorney knows the local courts, the judges, and often the opposing counsel — and they’re easier to meet with in person during a period that’s already overwhelming.
What Happens After You Hire a Lawyer
- Initial consultation — you discuss what happened and share whatever documentation you have.
- Investigation — your lawyer gathers evidence: police or incident reports, medical records, witness statements.
- Filing the claim — your lawyer handles the paperwork and ensures it’s filed within Texas’s two-year statute of limitations (Civil Practice and Remedies Code § 16.003).
- Negotiation — most cases resolve through settlement negotiations with the insurer.
- Trial, if necessary — if a fair settlement isn’t offered, your case may proceed to court.
Choosing the Right Lawyer for Your Case
Choosing the right attorney for a wrongful death claim is crucial to getting justice and fair compensation for your loved one. Look for a personal injury lawyer with genuine, specific wrongful death experience, real trial readiness, and the resources to investigate thoroughly — not a title. If you’re in Austin, a local attorney familiar with Travis County courts brings a real, practical advantage.
Contact The Traub Law Office at (512) 246-9191 for a free consultation about your case.
About Andrew Traub
