After a loss in Austin: what families should know before calling a wrongful death attorney

Last checked November 8, 2026

We are sorry for your loss. In Texas, a surviving spouse, children and parents may bring a wrongful death claim, generally within two years of the death.12 If the City of Austin may be involved, the city says a claim letter is due within 45 days of the incident.3 Someone you trust can help you send it.

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Quiet road map of Austin showing Levander Loop and Springdale Road, where families reach the city's vital records and county medical examiner offices
If the city may be involved, a claim letter is due in 45 days. Map data © OpenStreetMap contributors.

What happens first after someone dies in an Austin crash or accident?

You do not have to work all of this out in one day. When a death has an unnatural cause, the Travis County Medical Examiner usually looks into it.4 Your family member would be taken to the office at 7723 Springdale Road.5 Staff say you can call (512) 854-9599 at any time with questions.6

Next, the family chooses a funeral home and lets the funeral director know the Medical Examiner is involved. Under Texas law, only the legal next of kin may sign the release form.7 If that person is out of town, the office accepts an email or fax. Ask a relative or friend to make these calls with you if that would help.

Where do I get a death certificate in Austin?

Where the death happenedWhere to ask
Inside Austin's full purpose city limitsCity Office of Vital Records, 7201 Levander Loop, Building C89
Outside city limits but in Travis CountyThe Justice of the Peace court where the death occurred10

One certificate costs $21, and each extra copy ordered at the same time costs $4.11 Walking in is usually the fastest way, often within 30 minutes.12 Certificates are limited to immediate family and legal representatives with documents.13 Many families order several at once, because banks, insurers and courts each tend to ask for their own.

How do I get the autopsy report or crash report in Austin?

Medical Examiner records can be requested by email at [email protected].14 An autopsy report costs $25, and the fee list names Travis County legal next of kin as an exception.15 You may find it hard to read one of these reports. It is fine to ask someone else to read it first.

For a crash, Austin Police reports are sold through LexisNexis BuyCrash, and TxDOT sells copies for $6.1617 Texas limits these reports to people directly concerned with the crash, so ask your attorney or the agency if the system does not let you buy one.18 If the Sheriff handled it, Central Records is at 512-854-9749.19

Who can bring a wrongful death claim in Texas?

The claim belongs to the surviving spouse, children and parents, and one of them can file for all of them.1 Brothers and sisters are not on that list. If the family has not filed within three months, the executor or administrator must file unless all of them ask not to.20

A second kind of claim may exist too. The injury claim your loved one had before dying passes to heirs, legal representatives and the estate.21 A wrongful death claim can be brought against a person or a company whose wrongful act or carelessness, or whose workers, caused the death.22 Extra damages meant to punish may be available in cases of willful acts or gross negligence.23

How long does a family have to file in Austin?

Texas generally allows two years from the date of death.2 One much shorter date can apply. If a City of Austin vehicle, road or building may have played a part, the city says its letter is due within 45 days of the incident, and that clock can start before the family has had time to breathe.3 The charter says a missed notice can excuse the city entirely.24

A May 2026 document says the notice must be notarized by affidavit.25 Staff have proposed 180 days, but that has not replaced the 45 on the city's page.26 A short letter is enough to start, and a family friend or attorney can send it to P.O. Box 1546 or to [email protected].2728 For other public agencies, the usual notice is six months.29

How many people die on Austin roads each year?

City numbers show 99 people lost in 2025, down from 117 in 2022.3031 Across Travis County, 53 of the 143 deaths happened on city streets.32 Those numbers can feel far away when the loss is your own, but they are one reason cities keep records that an attorney can use. The city also says about 65% to 75% of deaths happen on state-owned roads, which may affect who must be notified.33

What if my family member died from a work accident in Austin?

Workers' compensation has its own death benefits. Eligible family members file DWC Form-042 within one year of the death.34 The state's claims line is 800-252-7031, option 1.35 Free help is available from the Office of Injured Employee Counsel at 866-393-6432.3637

What should a family ask a wrongful death lawyer in Austin?

  • Could any government agency be involved, so that a notice has to go out soon?
  • Who in our family should be the one to file?
  • Will you handle requests for records so that we do not have to?
  • What should we keep or avoid signing for now?

Take the time you need with these. An attorney can tell you what is urgent and what can wait, and a first conversation does not commit you to anything.

Questions

How long do we have to file a wrongful death claim in Texas?

Generally two years from the date of death.2 A claim against the City of Austin needs a letter within 45 days of the incident, the city says.3

Who can file a wrongful death claim in Texas?

The surviving spouse, children and parents.1

Where can I get a death certificate in Austin?

The Office of Vital Records at 7201 Levander Loop handles deaths inside the full purpose city limits. One copy costs $21.8911

How do I contact the Travis County Medical Examiner?

Call (512) 854-9599 or email [email protected].614

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Austin

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Sources

  1. Tex. Civ. Prac. & Rem. Code § 71.004(a)-(b), checked 2026-11-08. “An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. (b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.”
  2. Tex. Civ. Prac. & Rem. Code § 16.003(b), checked 2026-11-08. “A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”
  3. City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
  4. Travis County Medical Examiner, FAQ, checked 2026-11-08. “Deaths due to unnatural causes”
  5. Travis County Medical Examiner, FAQ, checked 2026-11-08. “located at 7723 Springdale Road, Austin TX 78724”
  6. Travis County Medical Examiner, FAQ, checked 2026-11-08. “You may also call the Medical Examiner's Office at (512) 854-9599 at any time with any additional questions.”
  7. Travis County Medical Examiner, FAQ, checked 2026-11-08. “only the legal next-of-kin may do so”
  8. City of Austin, Get a birth or death certificate, checked 2026-11-08. “registers births and deaths that occur within the full purpose city limits of Austin”
  9. City of Austin, Get a birth or death certificate, checked 2026-11-08. “The Office of Vital Records is at 7201 Levander Loop, Building C, Austin, TX, 78702.”
  10. Travis County Clerk, Birth and Death Records, checked 2026-11-08. “For birth and death records outside the city limits of Austin but within Travis County, contact Justice of the Peace Court where birth and death occurred.”
  11. City of Austin, Get a birth or death certificate, checked 2026-11-08. “The cost for one death certificate is $21. If you order more copies at the same time, the cost for each extra copy is $4.”
  12. City of Austin, Get a birth or death certificate, checked 2026-11-08. “Walk-in - Receive certificate in-person within 30 minutes”
  13. City of Austin, Get a birth or death certificate, checked 2026-11-08. “immediate family by blood or marriage (parent, grandparent, brother, sister, adult child, spouse)”
  14. Travis County Medical Examiner, Records Request, checked 2026-11-08. “[email protected]”
  15. Travis County Medical Examiner, Fee Schedule, checked 2026-11-08. “$25 for autopsy report | Everyone except JPs, interagency entities, Travis County legal next of kin”
  16. City of Austin, Purchase an APD online crash report, checked 2026-11-08. “Purchase online crash reports for the Austin Police Department jurisdiction with LexisNexis”
  17. TxDOT, Crash reports and records, checked 2026-11-08. “$6 for a regular copy.”
  18. TxDOT, Crash reports and records, checked 2026-11-08. “Any person involved in the accident”
  19. Travis County Sheriff, Vehicle Accident Report, checked 2026-11-08. “please call Central Records at 512-854-9749”
  20. Tex. Civ. Prac. & Rem. Code § 71.004(c), checked 2026-11-08. “If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.”
  21. Tex. Civ. Prac. & Rem. Code § 71.021(b), checked 2026-11-08. “A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person.”
  22. Tex. Civ. Prac. & Rem. Code § 71.002(b), checked 2026-11-08. “A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.”
  23. Tex. Civ. Prac. & Rem. Code § 71.009, checked 2026-11-08. “When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.”
  24. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “shall exonerate, excuse and exempt the city from any liability whatsoever”
  25. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “The current version of the charter requires claimants to give written notice of a claim notarized by affidavit.”
  26. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “staff proposes aligning the claim notice deadline with the 180-day deadline required under the Texas Tort Claims Act”
  27. City of Austin, File a Claim, checked 2026-11-08. “City of Austin Law Department - Claims P.O. Box 1546 Austin, TX 78767-1546”
  28. City of Austin, File a Claim, checked 2026-11-08. “Email [email protected]”
  29. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  30. City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “Austin recorded 99 traffic fatalities and 301 serious injuries in 2025”
  31. City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “when Austin recorded 117 deaths and 540 serious injuries”
  32. TxDOT, 2025 Fatal Crashes and Fatalities by County and Road Type, checked 2026-11-08. “Travis 15 19 34 35 24 26 8 8 53 53 2 2 0 0 0 0 136 143”
  33. City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “Approximately 65%-75% of Austin’s traffic fatalities occur on roads owned by the state.”
  34. Texas Department of Insurance, Injured employee FAQ, checked 2026-11-08. “Claim for workers’ compensation death benefits and send it to DWC or the insurance carrier within one year from the date the employee died”
  35. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Call and speak to a customer assistant at 800-252-7031, option 1.”
  36. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “PO Box 12876, Austin, TX 78711-2876 | 866-393-6432”
  37. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost.”

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