The shock and grief following the preventable death of a loved one can leave you feeling lost. You know that what happened was wrong, but you may not know what to do next. Taking legal action can feel overwhelming, but it is often the only way to get answers and hold the at-fault party responsible. A wrongful death lawsuit in Texas is the legal tool that allows families to seek justice for their profound loss. It provides a structured way to demand accountability and secure the financial resources your family needs to move forward after a tragedy.
Key Takeaways
- Understand Who Can File and When: In Texas, only the surviving spouse, children, or parents of the deceased can file a wrongful death claim. It’s crucial to act quickly, as you generally have just two years from the date of death to file a lawsuit and protect your family’s right to seek justice.
- A Successful Claim Connects Negligence to Loss: To hold a party responsible, you must prove four key things: they had a duty of care, they failed to meet it, this failure directly caused the death, and your family suffered damages as a result. This legal framework establishes clear accountability for the loss.
- Compensation Addresses Both Financial and Personal Suffering: A lawsuit can recover financial damages, like lost income and funeral costs, and also non-economic damages for your family’s grief and loss of companionship. A separate survival action can also be filed to address the pain and suffering your loved one endured before their passing.
What Is a Wrongful Death Lawsuit in Texas?
Losing someone you love is devastating, and the pain is even greater when their death was caused by someone else’s carelessness. A wrongful death lawsuit is a civil action that allows certain family members to seek justice and financial stability after such a loss. It’s a way to hold the responsible party accountable for the harm they’ve caused your family. While no amount of money can replace your loved one, a lawsuit can help cover unexpected financial burdens and provide a sense of closure.
How Texas Law Defines Wrongful Death
In Texas, a wrongful death happens when a person’s death is caused by the wrongful act, neglect, carelessness, or default of another person or company. Think of it as a personal injury claim that the deceased person would have been able to file if they had survived their injuries. For example, if a distracted driver causes a fatal car accident, or if a property owner fails to fix a dangerous condition that leads to a deadly fall, the surviving family members may have grounds for a wrongful death claim. The focus is on proving that another party’s failure to act with reasonable care directly led to the death.
The Role of Texas Civil Practice and Remedies Code Chapter 71
The right for families to file this type of lawsuit is not just a general legal principle; it’s specifically outlined in state law. In Texas, Chapter 71 of the Texas Civil Practice and Remedies Code is the statute that governs these cases. This important piece of legislation details who is eligible to file a wrongful death claim, the types of financial compensation (or damages) that can be recovered, and the strict deadlines for filing. This statute is the legal foundation that allows families to seek accountability and compensation for their profound loss, turning a personal tragedy into a formal legal action.
Wrongful Death vs. Criminal Cases: What’s the Difference?
It’s common to confuse wrongful death lawsuits with criminal cases like manslaughter or homicide, but they are very different. A wrongful death lawsuit is a civil action. Its primary goal is to provide financial compensation to the surviving family members for their losses, both economic and emotional. A criminal case, on the other hand, is brought by the state to punish the wrongdoer for breaking the law, with penalties like fines or imprisonment. Both types of cases can arise from the same event, and they operate independently. This means your family can file a wrongful death suit even if the state doesn’t press criminal charges.
Who Is Eligible to File a Wrongful Death Lawsuit in Texas?
When you lose a loved one because of someone else’s negligence, the grief can be all-consuming. Understanding your legal rights is a critical step, but it can also feel overwhelming. In Texas, the law is very specific about who can file a wrongful death claim to seek justice for their loss. Only a select group of immediate family members are given this right. Let’s walk through who is eligible to take this step.
Rights of a Surviving Spouse
In Texas, a surviving spouse has a primary right to file a wrongful death lawsuit. This applies to you whether you were legally married or in a recognized common-law marriage. If you were in a common-law marriage, you will need to provide proof of the relationship, such as evidence that you lived together, presented yourselves to others as married, and intended to be married. Losing your partner is a profound loss, and the law provides this path for you to hold the responsible party accountable for the financial and emotional damages your family has suffered.
Rights of Children (Biological and Adopted)
The children of the person who passed away are also eligible to file a wrongful death claim. This right belongs to both biological and legally adopted children. It’s important to know that age is not a factor here; both minor children and adult children can bring a lawsuit. The loss of a parent is a life-altering event, and this legal action is designed to recover compensation for the loss of parental guidance, care, and financial support, regardless of the child’s age at the time of the parent’s death.
Rights of Parents
If you have lost a child due to someone’s wrongful act or negligence, you have the right to file a lawsuit. This eligibility extends to both the biological and adoptive parents of the deceased. The unimaginable pain of losing a child comes with significant emotional and, at times, financial repercussions. Texas law recognizes this profound loss and gives parents a legal avenue to seek compensation and a measure of justice on behalf of their child. This right stands whether the child was a minor or an adult.
What If No Eligible Family Member Files a Claim?
There is a specific timeline for family members to act. If the surviving spouse, children, or parents do not file a wrongful death lawsuit within three months of the death, the law allows for another option. The executor or personal representative of the deceased’s estate can then file the claim on behalf of the estate. However, this can only happen if the eligible family members have not specifically requested that a lawsuit not be filed. An experienced attorney like Matthew Mandelker can help you understand these timelines and procedures.
What Are Common Causes of Wrongful Death in Texas?
A wrongful death claim can arise from any situation where one person’s negligence or intentional act causes another person’s death. While every case is unique, certain types of incidents unfortunately appear more frequently than others. Understanding these common causes can help you recognize if your family’s loss might be grounds for legal action. Below are some of the most common scenarios we encounter in our practice.
Fatal Car, Truck, and Motorcycle Accidents
Texas roads can be dangerous, and traffic collisions are a leading cause of wrongful death claims. These are not just “accidents” in the sense of being unavoidable; they are often the direct result of another driver’s negligence. This includes everything from someone driving drunk or distracted by their phone to a commercial truck driver who is fatigued from being on the road too long. When a family loses a loved one because another driver made a reckless choice, a wrongful death claim can hold the responsible party accountable and provide financial stability for the surviving family members.
Medical Malpractice and Negligence
We place immense trust in medical professionals to provide a standard of care that keeps us safe. When a doctor, surgeon, nurse, or hospital fails to meet that standard, the consequences can be fatal. Medical malpractice can take many forms, including surgical errors, a misdiagnosis that allows a condition to worsen, medication mistakes, or birth injuries. Proving medical negligence is complex, but it is a critical path to justice for families who have lost someone due to a preventable medical error. These cases ensure that healthcare providers are held accountable for their actions.
Accidents in the Workplace
While most on-the-job injuries are handled through the Texas workers’ compensation system, some fatal workplace accidents may warrant a wrongful death lawsuit. This is often the case when the death was caused by the negligence of a third party, meaning someone other than the employer. For example, if a construction worker is killed because of defective scaffolding made by another company, or if a delivery driver is killed by a reckless driver, the family may have a claim against that third party. Exploring these other personal injury cases is essential to securing full compensation.
Dangers of Defective Products
Companies have a legal duty to ensure the products they design, manufacture, and sell are safe for consumers to use. When they fail in this duty, and a person dies as a result, it is known as a product liability case. This can involve a wide range of items, from faulty vehicle parts like airbags and tires to dangerous prescription drugs with unlisted side effects or poorly designed children’s toys. Holding a large corporation accountable for putting profits over people is a powerful way to seek justice for your loved one and prevent future harm to others.
Neglect and Abuse in Nursing Homes
Entrusting the care of an elderly family member to a nursing home is a significant decision built on trust. When that trust is violated through neglect or abuse that leads to death, it is a profound tragedy. Wrongful death in a nursing home setting can result from many forms of negligence, including failure to prevent falls, malnutrition or dehydration, medication errors, or ignoring signs of infection. These are not acceptable outcomes. Pursuing a claim against the facility can provide answers and accountability for your family while shining a light on systemic issues that endanger other vulnerable residents.
What Do You Need to Prove in a Wrongful Death Lawsuit?
Winning a wrongful death lawsuit involves more than just showing that a loved one has passed away. In Texas, you must build a case that clearly proves four key elements. Think of these as the building blocks of your claim. Each piece must be firmly in place to hold the negligent party accountable for their actions and secure the compensation your family deserves. It’s a methodical process, but understanding these steps can make the legal journey feel more manageable during an incredibly difficult time.
Proving a “Duty of Care” Was Owed
First, we have to establish that the person or company at fault had a legal responsibility to act with reasonable care toward your loved one. This responsibility is called a “duty of care.” It’s a fundamental concept in any personal injury case. For example, every driver on the road has a duty to follow traffic laws and pay attention to their surroundings to keep others safe. Similarly, a doctor has a duty to provide a certain standard of medical care to their patients. Proving this duty existed is the first step in connecting the other party’s actions to the tragic outcome.
Showing the “Duty of Care” Was Breached
Once we’ve shown a duty of care existed, the next step is to prove it was “breached.” A breach is simply a failure to meet that legal responsibility. It’s the careless or wrongful act that set the tragic events in motion. Using our examples, a driver who runs a red light while texting has breached their duty of care. A surgeon who operates on the wrong body part has also breached their duty. Our job is to gather evidence, like traffic camera footage or medical records, to demonstrate exactly how the other party failed to act with the reasonable care your loved one was owed, which is often the cause of devastating truck accidents.
Linking the Breach Directly to the Death (Causation)
This is a critical piece of the puzzle. You must prove that the breach of duty was the direct cause of your family member’s death. This element is called “causation.” It’s not enough for someone to have acted negligently; their negligence must be the reason your loved one is no longer with you. For instance, if a driver ran a red light and caused a fatal collision, the link is clear. An experienced attorney can help you connect the dots using accident reconstruction reports, expert testimony, and other evidence to build a strong case for your wrongful death claim.
Demonstrating Your Family’s Losses
Finally, you must show the specific losses, or “damages,” your family has suffered because of your loved one’s death. These damages are not just financial; they also account for the profound emotional toll. Compensation can cover tangible costs like lost future income, medical bills incurred before death, and funeral expenses. It also provides for intangible losses, such as the loss of companionship, emotional anguish, and mental suffering. Documenting these damages helps the court understand the full impact of the loss on your family’s life and future.
How Texas’s Comparative Negligence Rule Can Impact Your Case
It’s important to know how Texas handles situations where more than one person might be at fault. Under the state’s “proportionate responsibility” rule, if your loved one was found to be 51% or more responsible for the incident that led to their death, your family cannot recover any compensation. If they were found to be 50% or less at fault, your family can still recover damages, but the final amount will be reduced by their percentage of fault. This rule is often used by insurance companies to reduce or deny claims, especially in cases involving pedestrian accidents, which is why having a strong advocate is so important.
What Compensation Is Available in a Texas Wrongful Death Lawsuit?
When you lose a family member because of someone else’s negligence, no amount of money can make things right. However, the Texas legal system provides a way for families to seek financial stability and a sense of justice. This is done by pursuing compensation, also known as “damages,” through a wrongful death lawsuit. These damages are typically broken down into three categories: economic losses, non-economic losses, and, in some rare cases, punitive damages. Understanding what you may be entitled to can help you make informed decisions during an incredibly difficult time.
Recovering Economic Losses
Economic losses cover the tangible, out-of-pocket costs your family has faced because of your loved one’s death. Think of these as the expenses you can track with receipts, bills, and financial records. This includes any medical bills from the injury that led to their passing, as well as the costs of a funeral and burial. A significant part of these damages is also the loss of financial support. This accounts for the income, benefits, and other monetary contributions the deceased would have provided for your family’s future. We work to calculate these financial impacts to ensure your family isn’t left with an unfair economic burden on top of your grief.
Compensation for Non-Economic Losses
Non-economic losses address the profound personal and emotional toll of losing a loved one. These are the intangible losses that don’t come with a price tag but are just as real and devastating. This type of compensation is for the mental and emotional anguish you and your family are experiencing. It also acknowledges the loss of companionship, comfort, society, and guidance that your family member provided. For a child, this could be the loss of a parent’s advice; for a spouse, the loss of a partner’s love and support. While no figure can replace what you’ve lost, a wrongful death claim recognizes that these immense personal losses deserve to be compensated.
Understanding Punitive Damages
In certain situations, Texas law allows for an additional form of compensation called punitive damages, or “exemplary damages.” Unlike the other damages, these are not meant to compensate your family for a specific loss. Instead, their purpose is to punish the at-fault party for particularly reckless or malicious behavior and to deter others from acting the same way. Punitive damages are only awarded in cases involving a “willful act or omission or gross negligence.” For example, if a driver was texting and speeding excessively through a school zone, their actions might be considered grossly negligent. These damages are rare, but they send a powerful message that such conduct will not be tolerated in our communities.
Wrongful Death Claims vs. Survival Actions: What’s the Difference?
When you lose a loved one because of someone else’s negligence, Texas law provides two distinct legal pathways to seek justice: a wrongful death claim and a survival action. While they both arise from the same tragic event, they are designed to compensate for different types of harm. A wrongful death claim addresses the losses suffered by the surviving family members, like the loss of companionship and financial support. A survival action, on the other hand, addresses the losses the deceased person experienced before they passed away.
Understanding the difference is crucial because it directly impacts the compensation your family can recover. Pursuing one without the other could mean leaving significant damages unaddressed. Think of them as two separate but equally important tools for holding the responsible party accountable and securing your family’s financial stability after a devastating loss. An experienced attorney can help you determine the right strategy for your family’s unique situation.
What Is a Survival Action?
A survival action is a legal claim brought by the deceased person’s estate to recover damages for the suffering the person endured before their death. Essentially, this claim “survives” the person’s death, allowing their estate to pursue the compensation they would have been entitled to if they had lived. This is different from a wrongful death claim, which focuses on the family’s losses.
Compensation in a survival action can cover the conscious pain and suffering your loved one experienced between the time of the incident and their passing. It also includes economic damages like medical bills incurred from the injury, lost wages they were unable to earn before their death, and funeral expenses. It’s a way to seek justice for the harm done directly to the victim.
How Compensation Differs Between Claims
The key difference in compensation comes down to who is being compensated and for what loss. A wrongful death lawsuit is for the benefit of the surviving family members. It compensates them for their personal losses, such as lost earning capacity from the deceased, loss of companionship and emotional support, and mental anguish. These damages are meant to address the direct impact the death has had on the family.
In contrast, a survival action compensates the deceased person’s estate for the losses the victim personally suffered. This includes damages for their physical pain, medical expenses related to the final injury, and any wages they lost before they died. Because these two claims cover entirely different sets of damages, they work together to provide a more complete form of financial recovery for all the harms caused by a personal injury incident.
Can You File Both Types of Claims?
Yes, in Texas, you can and often should file both a wrongful death claim and a survival action at the same time. Since they address separate and distinct losses, Texas law permits them to be pursued together in a single lawsuit. Filing both claims is often the most effective strategy to ensure your family receives full and fair compensation for every aspect of your loss.
Combining these claims allows you to seek justice for both the financial and emotional losses your family is facing, as well as for the pain and suffering your loved one endured. Navigating the legal requirements for both types of actions can be complex, which is why working with a knowledgeable attorney is so important. An experienced lawyer like Matthew Mandelker can build a comprehensive case that honors your loved one and protects your family’s future.
How Do You Prove Fault in a Wrongful Death Case?
When you’ve lost a family member because of someone else’s actions, proving fault is the foundation of a successful wrongful death claim. It’s about building a legal case that clearly shows the other party was responsible. This process involves establishing a specific set of facts and gathering strong evidence to support your family’s claim. While it might sound complicated, it breaks down into a few key steps. An experienced attorney can handle the investigation and legal work, allowing you to focus on your family.
The Four Elements of Negligence
To prove fault, your case must establish four key elements of negligence. Think of these as four pillars that must all be standing for your claim to be successful.
- Duty of Care: First, we must show the person or company at fault owed your loved one a “duty of care.” This is a legal responsibility to act with reasonable caution. For example, every driver has a duty to follow traffic laws and pay attention to the road.
- Breach of Duty: Next, we prove they breached, or violated, that duty. This could be a driver running a red light or a doctor failing to provide proper medical care.
- Causation: The third step is directly linking that breach to your loved one’s death. The careless action must be the direct cause of the fatal injury.
- Damages: Finally, we must demonstrate that your family has suffered losses, both financial and emotional, as a result of the death.
Gathering Key Evidence for Your Case
Building a strong case depends on collecting the right evidence. While every situation is different, some of the most critical pieces of evidence often include police reports, medical records, photos and videos from the scene, and statements from anyone who witnessed the incident. For example, in a truck accident case, this might also include the driver’s logbooks or the truck’s maintenance records.
An attorney plays a vital role in this process. We know how to secure evidence you might not be able to get on your own and can hire experts to analyze the facts. Our team will thoroughly investigate your wrongful death claim to build the strongest possible case on your family’s behalf.
How Insurance Companies Fight Wrongful Death Claims
It’s important to know that insurance companies often don’t make this process easy. Their goal is to protect their bottom line, which means paying out as little as possible. They may try to argue that your loved one was partially at fault for the accident to reduce the value of your claim. They might also question the extent of your family’s financial and emotional losses.
Another common tactic is to delay the process, hoping that the financial and emotional strain will push you to accept a quick, lowball settlement. Having aggressive legal representation is your best defense against these strategies. We handle all communications with the insurance company, protect you from their tactics, and fight for the full compensation your family deserves.
How Long Do You Have to File a Wrongful Death Lawsuit in Texas?
When you’re grieving the loss of a family member, legal deadlines are probably the last thing on your mind. However, Texas law sets a strict time limit for filing a wrongful death lawsuit, known as the statute of limitations. In most cases, your family has two years from the date of your loved one’s death to file a claim. If you miss this deadline, the court will almost certainly refuse to hear your case, and you will lose the right to seek compensation forever.
This two-year window is a critical aspect of all wrongful death claims. While it might sound like a long time, building a strong case involves a detailed investigation, gathering evidence, and handling complex legal procedures. Starting the process as soon as you feel ready allows your legal team the time needed to construct the most compelling argument on your family’s behalf. Acting promptly ensures that your rights are protected and that you have the best possible opportunity to hold the responsible party accountable for their actions.
Why the Filing Deadline Is So Important
The two-year deadline isn’t just an arbitrary rule; it exists for practical reasons, primarily related to the preservation of evidence. The strength of a wrongful death case often depends on the quality of the evidence your attorney can present. As time passes, crucial proof can disappear. Security camera footage gets erased, accident scenes are cleared, and the memories of eyewitnesses begin to fade.
In complex cases like commercial truck accidents, essential information like driver logs, vehicle maintenance records, and electronic data from the truck’s “black box” must be secured quickly before it can be lost or legally destroyed. By contacting an attorney early, you give them the chance to immediately issue preservation notices and launch an investigation to gather this time-sensitive evidence.
Are There Exceptions to the Two-Year Rule?
While the two-year statute of limitations is firm, Texas law does recognize a few narrow exceptions that can extend the filing period. For instance, if the injury that caused the death was not discovered right away, the “discovery rule” might apply, starting the clock from the date the injury was found. In other situations, the two-year period can be paused for up to 12 months if no one has been formally appointed as the administrator of the deceased’s estate.
However, these exceptions are highly specific and can be difficult to prove. You should never assume that your case qualifies for an extension. The safest and most effective approach is to work within the standard two-year timeframe. The best way to understand exactly how these laws apply to your family’s situation is to discuss the details with an experienced personal injury attorney.
3 Common Myths About Texas Wrongful Death Lawsuits
When you’re grieving the loss of a loved one, the legal system can feel overwhelming and confusing. Misinformation about wrongful death lawsuits is common, and it can stop families from seeking the justice they deserve. Let’s clear up a few of these myths so you can understand your family’s rights.
Myth #1: “Only specific accidents qualify for a claim.”
Many people believe that a wrongful death claim can only be filed after a specific type of incident, like a car crash. The truth is that a wrongful death lawsuit can arise from any situation where one party’s negligence or intentional act caused a death. This includes fatal car, truck, and motorcycle accidents, but it also extends to other circumstances. For example, claims can be based on medical malpractice, dangerous workplace conditions, or even defective products that lead to a fatal injury. The key factor isn’t the type of accident, but whether a wrongful act or breach of care was the direct cause of your loved one’s death.
Myth #2: “Texas puts strict caps on all wrongful death damages.”
There’s a common misconception that Texas law strictly limits the amount of money a family can receive in a wrongful death case. While it’s true that Texas has caps on punitive damages (which are meant to punish the defendant), there is no cap on compensatory damages. Compensatory damages are intended to cover your family’s actual losses. This includes economic losses like lost income and medical bills, as well as non-economic losses like pain and suffering, loss of companionship, and mental anguish. Your family has the right to seek full compensation for these losses without a state-imposed limit.
Myth #3: “You need a criminal conviction to file a civil lawsuit.”
You do not have to wait for a criminal case to conclude, or for charges to even be filed, before you can pursue a civil wrongful death claim. Criminal and civil cases are two separate legal processes with different goals and standards of proof. A criminal case aims to punish the offender, while a civil lawsuit seeks to provide financial compensation to the victim’s family. The burden of proof is also lower in a civil case. An experienced personal injury attorney can help you gather evidence and build a strong civil case, regardless of what happens in the criminal justice system.
How a Wrongful Death Attorney Can Help Your Family
Losing someone you love is devastating, and the thought of a lawsuit can feel completely overwhelming. This is where a wrongful death attorney steps in. Their job is to take the legal weight off your shoulders so you can focus on grieving and healing with your family.
An experienced attorney handles the entire investigation from start to finish. They gather police reports, medical records, and witness statements. They often work with accident reconstruction specialists or medical experts to build a strong case that proves exactly what happened and who was at fault. This is a complex and demanding task that you should not have to manage while coping with your loss.
Your lawyer also manages all the complicated legal procedures. This includes filing the correct paperwork before the deadline, handling all communications with insurance companies, and representing you in negotiations or in court. Insurance adjusters are trained to protect their company’s bottom line, but a skilled attorney knows how to counter their tactics and fight for the full compensation your family is owed. While no amount of money can replace your loved one, securing your family’s financial future is a critical step. An attorney acts as your guide and advocate, helping you understand your rights regarding wrongful death claims and ensuring your voice is heard.
Related Articles
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- Texas Wrongful Death Attorneys – Cap City
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- Suing for Wrongful Death: A Complete Guide
Frequently Asked Questions
I’m worried about legal fees. How much does it cost to hire an attorney for a wrongful death case? This is a very common and understandable concern. Most reputable personal injury firms, including ours, handle wrongful death cases on a contingency fee basis. This means you pay no upfront costs to get started, and you won’t owe any attorney’s fees unless we win your case. The fee is a pre-agreed percentage of the final settlement or court award, so your attorney is motivated to secure the best possible outcome for your family.
What is the first step I should take if I believe my family has a wrongful death claim? The most important first step is to speak with an experienced wrongful death attorney as soon as you feel able. The initial consultation is free and confidential. During this conversation, you can share the details of what happened, and the attorney can help you understand your legal options. Taking this step allows a legal professional to begin preserving crucial evidence and handle the complexities of the legal process, giving you the space to focus on your family.
What happens if the insurance company claims my loved one was partly to blame for the accident? This is a frequent tactic used by insurance companies to try to reduce or deny a claim. Texas follows a “proportionate responsibility” rule, which means if your loved one is found 51% or more at fault, your family cannot recover any compensation. An experienced attorney anticipates this defense and will build a strong case with evidence to clearly establish the other party’s negligence and fight back against any unfair blame placed on your loved one.
My loved one was in pain before they passed away. Is there a way to get compensation for their suffering? Yes, there is. In addition to a wrongful death claim for the family’s losses, Texas law allows for a “survival action.” This is a separate claim filed on behalf of your loved one’s estate to recover damages for the conscious pain and suffering they endured between the time of the incident and their death. It also covers their medical expenses and lost wages. Pursuing both claims together is often the best way to seek full justice.
How long will a wrongful death lawsuit take from start to finish? The timeline for a wrongful death case can vary significantly. A straightforward case with clear evidence might be resolved through a settlement in several months. However, a more complex case, especially one involving multiple parties or that goes to trial, can take a year or longer. A dedicated attorney will not rush to a quick settlement; instead, they will take the time necessary to build a strong case and fight for the full and fair compensation your family deserves.

Matthew Mandelker is the Founder, CEO, and Managing Attorney of Cap City Injury Attorneys, bringing over 15 years of personal injury law experience in Texas to every case he handles. A graduate of St. Mary’s University School of Law, Matthew has served as a partner, sole practitioner, and associate at some of the largest personal injury firms in Texas, giving him a unique perspective on what great legal representation looks like. He founded Cap City Injury Attorneys to combine the sophistication of a major firm with the personalized service of a boutique practice, ensuring every client receives direct attorney access, honest communication, and relentless advocacy. When he is not fighting for his clients, Matthew can be found on Lake Travis or spending time with his 10-year-old twins, and that same dedication to family is the foundation of everything he does at the firm.
