Losing someone you love is devastating under any circumstances. When that loss results from someone else’s negligence or wrongful act, the pain is compounded by anger, confusion, and a sense of injustice. Families in Austin facing wrongful death situations deserve answers. The emotional toll of unexpectedly losing a family member can leave survivors struggling to process grief, while also facing financial pressures and questions about their rights.
When tragedy strikes your family, Byrd Davis Alden & Henrichson, LLP stands ready with compassionate, results-driven legal representation. As Austin’s oldest personal injury law firm, we have spent over 65 years pioneering wrongful death law in central Texas. With a 98% success rate and over $100 million recovered for our clients, we are committed trial lawyers with the experience and determination to secure justice for your family.
Who Can File a Wrongful Death Claim in Austin, Texas?
Texas law grants specific individuals the right to pursue wrongful death claims. The surviving spouse, children, and parents of the deceased person may file a wrongful death lawsuit. If these family members do not pursue a claim within three months of the death, the executor or personal representative of the deceased person’s estate may file on behalf of the eligible survivors.
Understanding who has standing to file is essential because multiple family members cannot file separate lawsuits for the same death. The law requires coordination among surviving family members to ensure all eligible parties are represented in a single action.
What Damages Are Available in Austin Wrongful Death Cases?
Wrongful death claims in Texas allow families to seek compensation for economic damages resulting from the loss. These include medical expenses incurred before death, funeral and burial costs, lost wages and benefits the deceased would have earned, and the loss of household services the deceased provided.
Non-Economic Damages
Beyond financial losses, Texas law recognizes the profound emotional impact of losing a family member. Survivors may recover compensation for loss of companionship, loss of care and guidance, mental anguish and emotional suffering, and loss of consortium for surviving spouses.
What Causes Wrongful Deaths in Austin?
Wrongful deaths occur when negligence, recklessness, or intentional acts cause fatal injuries. Common causes in Austin include:
- Motor vehicle accidents involving cars, trucks, motorcycles, or pedestrians
- Construction site accidents and workplace fatalities
- Defective products that cause fatal injuries
- Premises liability incidents, such as drownings or falls
- Criminal acts, including assault or homicide
Each wrongful death case requires a thorough investigation to identify all responsible parties and establish the negligence or wrongful conduct that caused the death. Our attorneys possess the necessary resources and experience to conduct thorough investigations and develop compelling cases for our clients.
How Long Do Families Have to File Wrongful Death Claims in Austin, TX?
Texas imposes strict time limits for filing wrongful death lawsuits. According to the Texas Civil Practice and Remedies Code, families generally have two years from the date of death to file a wrongful death claim. Missing this deadline typically means losing the right to seek compensation permanently.
However, some situations may extend or shorten this timeframe. Criminal cases involving death, the discovery of previously unknown facts, or those involving government entities may affect the statute of limitations. Consulting an experienced wrongful death attorney promptly ensures your family preserves all legal options.
Why Does Legal Representation Matter in Wrongful Death Cases?
Proving wrongful death requires demonstrating that another party’s negligence or wrongful act directly caused your loved one’s death. This involves gathering evidence, consulting experts, and building a persuasive case that holds responsible parties accountable. Our firm handles multiple parties’ personal injury claims and understands how to identify all sources of liability and compensation.
Valuing Your Claim Accurately
Calculating fair compensation for wrongful death involves more than adding up bills. It requires understanding the full economic impact of the loss, projecting future financial losses, and quantifying non-economic damages such as loss of companionship. Insurance companies often undervalue these claims, hoping grieving families will accept inadequate settlements.
Trial Experience
Many personal injury lawyers avoid taking cases to trial, and insurance companies know exactly who they are. As seasoned personal injury trial lawyers with a proven track record in the courtroom, we possess the leverage to negotiate fair settlements because the defense knows we have the ability and experience to prevail at trial if necessary.
Schedule a Consultation in Austin With Byrd Davis Alden & Henrichson, LLP
Wrongful death cases demand skilled legal representation from attorneys who understand both the law and the profound emotional impact of losing a loved one. Our firm has spent over six decades handling serious accident cases with compassion and competence, earning recognition from U.S. News & World Report as one of the Best Law Firms in the U.S. We work on a contingency fee basis, meaning you pay no fees unless we win your case.
Don’t hesitate to reach out during this difficult time. Call our Austin office at (512) 253-3948 or complete our contact form to schedule a consultation. Let our experienced wrongful death attorneys fight for the justice and compensation your family deserves.
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.