Losing a loved one is an incredibly painful experience, especially when an otherwise preventable loss was caused by someone else’s actions. The emotional toll can be overwhelming. It can be challenging to have a clear mind, which is necessary for navigating a wrongful death claim. This is where a wrongful death lawyer can make the ultimate difference. They provide straightforward information about wrongful death claims, helping you understand your rights during this challenging time. No amount of compensation can replace your loved one, but by filing a wrongful death claim, you can obtain justice and financial relief to ease the burdens that arise from their untimely passing.

Navigating the aftermath of a wrongful death can be confusing and emotionally taxing. At Byrd Davis Alden & Henrichson LLP, we want you to know that you’re not alone. Our experienced legal team is here to guide you through the complexities of wrongful death claims with empathy and expertise. If you’re seeking answers and support, reach out to us for a free consultation. Together, we can explore your options, discuss your concerns, and begin the process of obtaining the justice and compensation your family deserves.

Defining a Wrongful Death Case in Austin, Texas

Wrongful death occurs when someone loses their life due to the negligent, careless, or wrongful actions of another person or entity. It’s a tragic event that leaves surviving family members grappling with emotional pain and financial burdens. To seek justice and compensation for their losses, certain legal elements must be met before filing a wrongful death claim.

Legal elements for filing a wrongful death claim include the following:

• Negligence or Wrongful Act: To initiate a wrongful death claim, it must be proven that the death resulted from someone’s negligence, recklessness, or intentional harm. This could include actions like a car accident caused by a distracted driver, medical malpractice, or unsafe premises leading to a fatal accident.
• Causation: Establishing a direct link between the defendant’s actions or negligence and the death is crucial. This involves demonstrating that the defendant’s conduct was a substantial factor leading to the fatal outcome.
• Breach of Duty: The responsible party must have owed a duty of care to the deceased. For example, a doctor owes a duty of care to their patients, and a driver owes a duty to operate their vehicle safely. Proving a breach of this duty, such as medical negligence or traffic law violations, strengthens the wrongful death claim.
• Surviving Family Members: Only certain individuals are eligible to file a wrongful death claim. In Texas, this typically includes the surviving spouse, children, and parents of the deceased. If the family doesn’t file within a specific timeframe, an estate representative may do so.
• Damages: The claimant must demonstrate the financial and emotional damages incurred due to the death. This can include medical expenses, funeral costs, loss of financial support, and emotional suffering.

Understanding these legal elements is crucial for navigating the wrongful death claims process effectively. It’s a complex process that requires the expertise of a knowledgeable wrongful death attorney specializing in wrongful death cases.

What is needed to file a wrongful death case?

In order to file a claim, the grieving party should be able to prove that the defendant has committed negligence that led to the death of the victim. In addition to that, the claims can only be filed if the victim has a surviving child, spouse or family member.

Without these two essentials, filing the wrongful death claim will not be possible.

Who should file wrongful death claims?

This is a question that has many answers. Who should file wrongful death claims may vary depending on state policies. Typically, it is the immediate family member — either the spouse, children or parents — of the victim who can file the claim. In the event that the child is a minor, representation will surely be needed. Each and every state has its own rules when it comes to this case, so it is best that you familiarize yourself first with the rules before you make any move.

What would be the restrictions to file a claim?

Restrictions for this type of case may vary depending on the state. Once the statute of limitations has run out, the claim will surely be denied. It is best that you talk with an Austin wrongful death lawyer to determine if you still have a case or not. With the help of a wrongful death attorney, you will be able to know if your case is still worth pursuing and how you can do it.

If you have many other questions about your wrongful death case, it is recommended that you talk with a wrongful death lawyer in Austin. This legal professional knows the ins and outs of this type of case, so you are rest assured that you will be able to maneuver through the legal process a lot easier and more efficiently.

A death is a very sensitive issue. This is why you need a professional who will not only help you with the case but is also compassionate enough to understand the grief that comes with losing a loved one. Make sure to hire the right Austin wrongful death attorney for your professional and emotional needs.

Common Causes of Wrongful Death in Austin, Texas

Basically, wrongful death refers to the loss of life because of the negligent, otherwise preventable actions of someone (or a group of people) other than the decedent. Whether the action was intentional or not, a wrongful death lawsuit may be filed under the laws of personal injury, using negligence as a basis. Wrongful death cases have been linked to several situations, which include:

Vehicular Accident

When a negligent driver accidentally collides with another vehicle or pedestrian, the resulting death could make him or her liable for a wrongful death case. This is one of the common causes of wrongful death, with distracted driving being the leading cause of accidents.

Medical Malpractice

When your health care provider, doctor or nurse commits mistakes with diagnosis, treatment, surgery or other medical-related procedure, the results are often serious and life-threatening. Medical malpractice cases are commonly based on misdiagnosis and incorrect prescription and administration of drugs and other medication. Other instances include childbirth injuries and leaving foreign objects in a patient’s body after surgery.

Toxic Tort

When an employer does not adhere to the required safety standards to protect its employees from harmful chemicals present in a workplace, subsequently resulting in an employee’s death, the decedent’s surviving family members can file for a wrongful death case.

Workplace Accident

When poor working conditions take a toll on an individual and result in fatal injuries, the surviving family members can file a wrongful death claim. Working in the construction industry is one of the most accident-prone careers, putting workers at risk for slips and falls, electrocution and being struck by objects.

Products Liability

When a product is used for its intended purpose, and fatally injures an individual because of a defect in the design, manufacturing or labeling, then it is grounds enough for a personal injury suit under the laws of strict liability. Common products liability cases include vehicles in which there was a defect that caused the death of a person.

Premises Liability

When an individual doesn’t make sure that his or her property is safe enough not to cause accidents to otherwise careful individuals, then the surviving family members of the decedent can file for a wrongful death claim.

There are generally three kinds of damages that can be filed in a wrongful death case — economic, which are direct expenses related to the individual’s death (such as medical and funeral bills), as well as lost wages that the decedent would have earned if the accident did not occur. The second type refers to noneconomic damages, which will make up for the pain and suffering, as well as the loss of consortium and companionship between the decedent and his or her surviving family members. Lastly, punitive damages are those awarded on top of economic and noneconomic damages, for the sole purpose of punishing the at-fault party.

What Damages are Available in a Wrongful Death Claim?

Losing a loved one due to someone else’s actions is an indescribable pain. In Texas, when such a tragedy occurs, the surviving family members may seek justice and financial compensation through a wrongful death case. Understanding the types of damages available in a wrongful death case is crucial for navigating the legal process.

• Financial Losses: Surviving family members may be compensated for the financial impact of the loss. This includes lost income or financial support that the deceased would have provided. Assessing the economic contributions of the deceased is a key component in determining this type of compensation.
• Household Services: The value of lost household services that the deceased would have provided can be considered in wrongful death cases. This could encompass tasks such as childcare, home maintenance, or other services that contribute to the household.
• Mental Pain and Anguish: The emotional toll on surviving family members is significant. Damages may be awarded to compensate for the mental pain and anguish experienced due to the loss. This aspect recognizes the emotional suffering endured by those left behind.
• Loss of Love and Companionship: One of the profound losses in a wrongful death case is the intangible impact on relationships. Damages can account for the loss of love, companionship, comfort, and society that the survivors would have continued to enjoy if not for the wrongful death.
• Lost Savings or Inheritance: If the deceased had savings or an inheritance plan that would have benefited the survivors, damages may be awarded to cover these losses. This aspect aims to address the financial repercussions beyond immediate support.
• Exemplary Damages: In specific situations involving a “wilful act or omission or gross negligence,” exemplary damages, commonly known as punitive damages, may be awarded. Unlike other damages, exemplary damages serve to punish the wrongdoer and discourage similar misconduct rather than compensate the family for their losses.

It’s essential to note each wrongful death claim is unique, and seeking legal guidance is crucial to ensure you receive fair compensation that accurately reflects your needs. A compassionate and experienced Austin wrongful death lawyer specializing in wrongful death laws can help surviving family members understand their rights, evaluate the damages incurred, and pursue the justice and compensation they deserve in the wake of such a tragic loss.

Verdicts And Settlements

Austin wrongful death attorneys can help with settling of the deceased’s estate, as well as the prosecution of any party that might have deprived your friend/relative of life. Instances such as vehicular manslaughter happen often, and it takes a good wrongful death lawyer in Austin, Texas to help make sense of things.

Wrongful death lawyer can help you and your loved ones get the justice deserved by doggedly challenging the opposing side with letters, evidence and pleadings filed on your behalf. Often the death of a loved one causes many persons to forget the events surrounding the person’s demise and instead focus on the history the two parties share.

While an unexpected death of a family member or friend may occur, it is important to understand the facts surrounding the situation, and to supply those facts to a good Austin wrongful death attorney, so that he can help you as best he can. Often, the emotional strain of death can cause a person to lose sight as to how they can best remedy the emergency before them. One must keep in mind that a cool head almost always prevails, and reacting out of pure emotion in this instance might hurt more than help.

Many of us wish for a high quality of life without the dangers of the real world. But the truth is that these dangers exist, and that accidents and wrongful deaths occur because of negligence. Such incidents bring about physical injuries, psychological trauma, emotional damage and financial problems to the victims and their families. If a person dies at the hands of someone who is found to be negligent in his or her duty, then a wrongful death lawsuit may be filed by the deceased’s surviving family members.

Schedule a Free Consultation to Discuss with an Austin Wrongful Death Lawyer

Losing a loved one due to someone else’s negligence or wrongful actions is a heart-wrenching experience that no family should endure. Understanding the legal recourse available through a wrongful death claim is crucial for those grappling with the aftermath of such a tragedy. 

At Byrd Davis Alden & Henrichson LLP, we understand the pain and confusion that follow the loss of a loved one. Our dedicated team of wrongful death attorneys are ready to stand by your side, offering legal expertise and compassionate assistance to ensure you can focus on healing while we handle the legal complexities. Contact us today for a consultation and take the first step toward holding those responsible accountable. Visit our website to complete our online contact form, or call us at (512) 454-3751.