There is nothing we can say that makes dealing with the death of a loved one easier, especially when that loss is due to the negligence of others. The Texas Law Dog supports families dealing with tragedy to help them both get justice for their loved one and to recover the financial support they need for years to come.
If you believe negligence, recklessness, or carelessness caused your family member’s death, our wrongful death lawyer in Austin is available for a free consultation. Our Austin personal injury lawyer is a lifelong native of Texas, ready to work on your behalf.
Who Can File a Wrongful Death Claim in Texas
Texas allows only certain people to seek a wrongful death lawsuit against the defendant or at-fault party. Typically, that person is:
- A spouse
- Child of the decedent
- Parent of the person who died
In situations where none of these people exist or fail to file a claim, the personal representative of the estate may seek legal action. This party represents the decedent’s right to seek compensation for the losses suffered. The family members can ask the personal representative not to take such action. If you are unsure if you can or should take such actions, reach out to our legal team for clarity.
When Your Loss Is Wrongful Death
The loss of life because of another person’s wrongful actions or negligence falls under Tex. Civ. Prac. and Rem. Code §§ 71.001–71.003. This law includes protections for carelessness, unskillfulness, neglect, or default by a company or a person. This means the at-fault party owed your family member a duty of care and failed in it. That resulted in an accident leading to death. Some examples of wrongful death cases we handle include:
- Car and truck accidents
- Motorcycle accidents
- Workplace injuries
- Medical malpractice, including surgical errors and failure to provide care
- Defective drugs
- Unsafe property conditions
- International acts, including assault
In these situations, we must demonstrate that the defendant’s actions or inactions resulted in the death. To do that, our legal team investigates all aspects of the case, including witness statements, police reports, accident reconstruction, and medical experts. Expect us to find evidence of what occurred.
Austin Wrongful Death Lawyer Near Me (817) 775-5364
The Statute of Limitations for Wrongful Death in Texas
Wrongful death lawsuits require the defendant or their insurance company to pay for losses the decedent and the family suffer. However, to recover these damages, you must act within the allowed amount of time. Under the Texas statute of limitations for wrongful death, the family members or personal representative must act within two years of the date of the death.
This is not the same as the date of the accident in all cases. It may be some time later. However, if you miss this two-year window, you are unable to take legal action against those at fault in most situations. We encourage you to consult with our Austin wrongful death attorney before making any decision.
Waiting to file a wrongful death claim is rarely beneficial. The evidence necessary to prove your case and worth may fade over time. Witnesses no longer want to talk to you, and evidence becomes inaccessible. For these reasons, even if you just suspect wrongful death could be a factor, we encourage you to contact our legal team.
Exemptions May Exist
Limited exceptions exist in a wrongful death claim. In situations where you did not know that the death was wrongful, due to withheld information, or other factors, it may be possible to petition the court for more time. Talk to the team at The Texas Law Dog today to learn more about us.
Potential Damages Awarded in a Wrongful Death Claim in Texas
Family members can seek legal action against the at-fault party for any losses they can demonstrate. The loss of a loved one can seem impossible to put a value on. Texas law provides for several types of compensation that family members or the estate may seek. Examples of the damages owed in your case may include:
- Medical expenses for the care provided up until the death
- Funeral and burial costs
- Loss of income is expected to impact the family
- Loss of benefits is expected to impact the family
- Loss of companionship, support, and love
- Loss of inheritance
- Mental anguish and emotional trauma
In each of these cases, we must consider the person’s age and health, their annual earnings, expected future earnings, and the cause of the death to determine how much to seek in your claim. Our Austin wrongful death lawyer has extensive experience in this area. That experience works to support your best possible outcome. Review our FAQs to learn more.
You Pay Us Nothing for Our Services Out of Pocket
It is very common for families not to know they have a wrongful death case or the right to seek legal action. We offer a free consultation as a way to start the conversation. During your consultation, you will learn what it might take for us to prove wrongful death and whether or not there seems to be evidence to support such a claim.
You will also learn about our law firm and wrongful death attorney. You will gain insight into the work we will do for you, the costs of using our service, and the limitations we may have. Please note that our legal team charges you nothing upfront.
When we win your case, a portion of the settlement value covers our legal fees. If we do not win your case for any reason, you do not pay us anything. This can be critical. If you do nothing right now, you may not know if someone caused your loved one’s death. Act now, and we will investigate. There is no out-of-pocket cost to you in the process.
Schedule a Fee Consultation with a Wrongful Death Attorney in Austin Now
You are our priority in every aspect of this case. You can expect compassion and respect as we fight for you. There is no risk in speaking to The Texas Law Dog about what happened to your loved one.
We want to know and hear the details. Then, our wrongful death lawyer in Austin will go to work building a strong claim for you.
