When a loved one dies due to another party’s negligence, recklessness, or intentional actions, the devastating loss extends far beyond emotional grief. Families face overwhelming financial burdens, from medical expenses and funeral costs to the sudden loss of income and support that the deceased provided. In Texas, wrongful death laws recognize that surviving family members deserve compensation for these profound losses and provide a legal pathway to seek justice and financial recovery.
At Byrd Davis Alden & Henrichson, we understand the immense pain and confusion that follows the unexpected death of a family member. For over 65 years, our Austin wrongful death lawyers have helped grieving families navigate the complex legal process of wrongful death claims while handling the legal complexities so they can focus on healing. Our experienced trial lawyers have the knowledge and compassion needed to pursue maximum compensation for your family’s losses.
What Constitutes a Wrongful Death in Texas
Wrongful death occurs when a person dies as a result of another party’s wrongful act, neglect, carelessness, unskillfulness, or default. Unlike criminal cases that focus on punishment, wrongful death claims are civil lawsuits designed to provide financial compensation to surviving family members for their losses. Common causes include motor vehicle accidents, medical malpractice, workplace accidents, defective products, premises liability incidents, and violent crimes.
In Texas, the death must have been caused by conduct that would have entitled the deceased to recover damages if they had survived the incident. This means the responsible party’s actions must have been negligent, reckless, or intentionally harmful. The key distinction between wrongful death and other personal injury cases lies in the fact that the injured party cannot speak for themselves, so Texas law designates specific family members who may file a wrongful death lawsuit and seek compensation for the damages they have suffered.
Who Can File a Wrongful Death Claim in Texas
Texas wrongful death statutes are specific about who has the legal standing to file a wrongful death lawsuit. The surviving spouse, children, and parents of the deceased have the primary right to bring a wrongful death claim. These individuals are considered the statutory beneficiaries under Texas law and may pursue compensation for their specific losses related to the death. If the deceased was unmarried and had no children, the parents typically have the exclusive right to file the claim.
Texas law imposes a strict two-year statute of limitations for wrongful death claims, meaning the lawsuit must be filed within two years of the date of death. This deadline is firm, and failing to file within this timeframe typically results in the permanent loss of the right to seek compensation. There are very limited exceptions to this rule, making it crucial to consult with an experienced wrongful death lawyer as soon as possible, as early investigation and preparation are essential for building a strong case.
Damages Available in Texas Wrongful Death Cases
Texas wrongful death law allows surviving family members to recover several types of damages that reflect both their financial losses and the intangible value of their relationship with the deceased. Economic damages include the loss of financial support, services, and contributions that the deceased would have provided throughout their lifetime. This encompasses not only current income but also future earning capacity, considering factors such as the deceased’s age, health, education, work history, and life expectancy.
Non-economic damages address intangible losses such as the loss of love, companionship, comfort, care, assistance, protection, affection, and guidance that the deceased provided to their family members. Mental anguish damages compensate for the emotional pain and suffering experienced by surviving family members. In cases involving particularly egregious conduct, such as drunk driving or intentional violence, punitive damages may also be available to punish the wrongdoer and deter similar future conduct.
The Legal Process for Filing a Wrongful Death Claim
Filing a wrongful death claim involves several critical steps that require careful attention to legal procedures and deadlines. The process begins with a thorough investigation of the circumstances surrounding the death, including gathering evidence, interviewing witnesses, and consulting with relevant experts to establish liability and document damages. An experienced wrongful death attorney will review medical records, accident reports, autopsy findings, and other documentation to build a comprehensive case.
Once sufficient evidence has been gathered, the Austin wrongful death lawyer will file the wrongful death lawsuit in the appropriate Texas court and proceed through the discovery process. Many wrongful death cases are resolved through settlement negotiations before reaching trial, but when a fair settlement cannot be reached, the case may proceed to trial where a jury will determine liability and damages. Having experienced wrongful death attorneys who are prepared to take your case to court provides crucial leverage in settlement negotiations and ensures your family’s interests are fully protected.
Contact Our Experienced Austin Wrongful Death Lawyers
Losing a family member is one of life’s most difficult experiences, and dealing with legal matters during this time can feel overwhelming. Our compassionate Austin personal injury attorneys understand the emotional and financial challenges you face and is committed to handling every aspect of your wrongful death claim with the care and attention your family deserves. As Austin’s oldest personal injury law firm with over 65 years of experience, we have the knowledge and resources necessary to pursue maximum compensation for your family’s losses.
We work on a contingency fee basis, which means you pay no attorney fees unless we successfully recover compensation for your family. Our experienced Austin wrongful death lawyers are Board Certified and have recovered over $100 million for our clients throughout our decades of practice. Contact us today at (512) 454-3751 or through our contact form to schedule a free consultation and learn how we can help your family during this difficult time.
FAQ
What is a wrongful death lawsuit and who can file one in Texas?
A wrongful death lawsuit is a civil claim filed when someone dies due to another party’s negligence or wrongful act. In Texas, only certain family members, such as the surviving spouse, children, or parents, can file this claim. This lawsuit seeks compensation for damages suffered from the loss, including financial and emotional harm. An experienced wrongful death attorney can guide you through the complexities of filing an Austin wrongful death case and ensure your rights are protected.
What types of wrongful death damages can families seek in an Austin wrongful death case?
Wrongful death damages typically include economic losses like medical bills, funeral expenses, and lost income the deceased would have provided. Non-economic damages cover emotional suffering, loss of companionship, and mental anguish experienced by the family. In some cases, punitive damages may be awarded to punish the responsible party for particularly negligent behavior. Austin personal injury attorneys help families accurately calculate and pursue these damages to provide financial relief during a difficult time.
How does the wrongful death claim process work in Texas?
The wrongful death claim process starts with establishing that the responsible party caused the fatal accident due to negligence or wrongful conduct. Eligible family members must file the claim within Texas’ statute of limitations, usually two years from the date of death. The process involves gathering evidence to prove liability and damages. Working with experienced Austin wrongful death attorneys can simplify this process and help families build a strong case for compensation.
What are common wrongful death claims handled by Austin personal injury attorneys?
Common wrongful death claims in Austin involve fatal accidents caused by negligent drivers, medical malpractice, workplace accidents, defective products, and unsafe property conditions. Each type requires proving the responsible party breached their duty of care, resulting in a loved one’s death. Austin personal injury attorneys are familiar with these common wrongful death claims and can effectively advocate for families to recover compensation for their losses.
Why is it important to hire an experienced wrongful death attorney after a loved one's death?
An experienced wrongful death attorney understands the legal complexities of wrongful death claims and can help families navigate the emotional and procedural challenges after a loved one’s death. They assist in identifying the responsible party, proving liability, and seeking appropriate wrongful death damages. Having knowledgeable Austin personal injury attorneys ensures your claim is handled properly, deadlines are met, and your family’s financial and legal interests are protected during this difficult time.
