Losing a loved one to someone else's negligence — in New Braunfels or anywhere — is a different kind of legal case. The Texas Wrongful Death Statute (Tex. CPRC § 71.004) is technical: who can file (surviving spouse, children, parents only), what damages are available, how the proceeds get distributed. We handle these cases with the care and skill they require.
See our overview of wrongful death cases ?
New Braunfels context.
Major Roadways
I-35 (the San Antonio–Austin corridor), SH-46, FM-306 to Canyon Lake, FM-2722, and the Loop 337 inner ring.
Local Courts
Comal County Courthouse in New Braunfels and the U.S. District Court for the Western District of Texas, San Antonio Division.
Trauma Care
Resolute Health Hospital, Christus Santa Rosa Hospital New Braunfels, and emergency access to SA-area Level I trauma centers.
Why It Matters Here
New Braunfels is one of the fastest-growing cities in Texas, sitting directly on the I-35 corridor between San Antonio and Austin. Heavy commuter traffic, weekend tourism (Schlitterbahn, the Comal and Guadalupe river tubing scenes), and substantial commercial truck volume make the I-35 stretch here notorious for serious crashes.
Who can bring a Texas wrongful death claim?
Texas wrongful death law (Tex. Civ. Prac. & Rem. Code §71.004) limits standing to:
- The surviving spouse
- The children of the decedent
- The parents of the decedent
If none of those eligible parties files within three months, the executor or administrator of the estate may do so (unless the eligible family members object). Separately, a survival claim belongs to the estate itself — covering the pain and suffering the decedent experienced before death.
What damages can be recovered?
- Loss of financial support the decedent would have provided
- Loss of household services — childcare, home maintenance, day-to-day work
- Loss of companionship, comfort, and society
- Mental anguish of the surviving family
- Loss of inheritance
- Funeral and burial expenses
- Survival claim damages — the decedent's pre-death medical bills and pain and suffering
- In cases of gross negligence (e.g., drunk driving): punitive damages
The evidence that builds the case.
- The official crash or incident report and any criminal investigation files
- 911 audio, dispatch records, and first-responder statements
- Medical records, autopsy reports, and toxicology
- Surveillance video and dashcam footage — preserved quickly
- For truck cases: ECM data, ELD logs, driver qualification file
- For premises cases: prior incident reports, maintenance records, security footage
- Economic and life-care experts for damages calculations
Texas deadlines.
Two years from the date of death to file (Tex. Civ. Prac. & Rem. Code §16.003). Cases against governmental entities require notice within much shorter windows — sometimes as little as six months. Texas applies modified comparative fault: you can still recover if you were 50% or less at fault. More on comparative fault ?
How we work with families.
Wrongful death cases require something different from other personal injury work. The legal questions matter, but so does the way the family is treated through the process. We keep clients informed, we don't push for premature settlement, and we never charge a family a dime unless we recover. Our founder Shawn Barnett has lived through serious injury himself — the recovery, the long road back — and that perspective informs how we treat families who've lost someone they love.