In life, there are many things beyond our control, such as the loss of a loved one. While death is inevitable, many things causing death are avoidable. Freak accidents occasionally happen, leaving many people at a loss for words. In such times, it is customary to grieve not only for the loss of a friend but also for the loss of someone so early and so suddenly.

When the demise of a loved one seems unnatural and untimely, it’s a good idea to call our experienced Austin wrongful death lawyers. The circumstances surrounding the death of a loved one often fall under strict scrutiny. This scrutiny can be caused by many impulses but is largely driven by suspicions of wrongful death. When the totality of the circumstances leads you to question the cause of death, our attorneys can help navigate the legal complexities and meet essential deadlines associated with civil cases.

Understanding Wrongful Death in Austin, Texas

Wrongful death is a legal claim brought against a person or entity that can be held liable for causing someone’s death. In Texas, these claims are governed by the Texas Wrongful Death Act, which allows close relatives to seek compensation for their losses. Wrongful death cases are civil actions, distinct from criminal charges, and focus on providing financial relief to the survivors.

The primary goal of a wrongful death claim is to compensate the surviving family members for the harm and losses they have suffered due to the negligence or wrongful acts of another party. This compensation can cover a range of damages, including funeral expenses, lost income, and emotional distress. Wrongful death claims can be brought against various parties, such as drivers, employers, manufacturers, and healthcare providers, depending on the circumstances of the death.

In Texas, wrongful death cases involve claims for different types of damages. Pecuniary losses include tangible financial impacts like lost wages and medical bills incurred before death. Non-pecuniary losses address the emotional and personal suffering of the family, such as loss of companionship and mental anguish. Additionally, punitive damages may be awarded to punish particularly egregious conduct and deter similar behavior in the future.

By pursuing a wrongful death claim, surviving family members can seek justice and financial stability during a challenging time. An experienced Austin wrongful death lawyer can guide you through this complex process, ensuring that your rights are protected and that you receive the compensation you deserve.

What is needed to file a wrongful death case?

To file a Texas wrongful death 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 a 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. In Texas, only the surviving spouse, children, and parents of the victim can file the claim. 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 a lawyer to determine if you still have a case or not. With the help of a lawyer, 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 our lawyers in Austin. This legal professional knows the ins and outs of this type of case, so you can rest assured that you will be able to maneuver through the legal process a lot easier and more efficiently. 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 lawyer for your professional and emotional needs.

Eligible Family Members

In Texas, the right to file a wrongful death claim is limited to specific family members as outlined by the Texas Wrongful Death Act. Eligible family members include the surviving spouse, children, and parents of the deceased. Unfortunately, siblings and other relatives are not permitted to file a wrongful death claim unless they were financially dependent on the deceased.

The Texas Wrongful Death Act provides a clear framework for determining who can seek compensation. Eligible family members can pursue damages for their losses, which may include funeral expenses, lost income, and emotional distress. The compensation awarded is typically divided among the eligible family members in proportion to the injury they suffered due to the death.

Navigating the complexities of a wrongful death claim can be challenging, especially during a time of grief. An experienced Austin wrongful death lawyer can help eligible family members understand their rights and guide them through the legal process. By working with a knowledgeable attorney, you can ensure that your claim is filed correctly and that you receive the compensation you need to move forward.

Proving Liability and Damages

Proving liability in a wrongful death case requires demonstrating that the defendant owed a duty of care to the deceased, breached that duty, and caused the death as a result. The plaintiff must also show that they suffered damages due to the death. This process involves gathering evidence and presenting a compelling case to establish the defendant’s responsibility.

Damages in a wrongful death case can be categorized into pecuniary, non-pecuniary, and punitive damages. Pecuniary losses include the financial impact on the family, such as lost earning capacity, medical bills, and funeral expenses. Non-pecuniary losses, while more challenging to quantify, address the emotional and personal suffering of the family, including loss of companionship and mental anguish. Punitive damages are awarded to punish the defendant for particularly negligent or wrongful acts and to deter similar behavior in the future.

An experienced Austin wrongful death attorney can help you gather the necessary evidence, build a strong case, and prove liability and damages. By working with a skilled lawyer, you can ensure that your rights are protected and that you receive the compensation you deserve for your loss.

Verdicts And Settlements

Austin wrongful death lawyers can help with settling 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 lawyer to help make sense of things.

Our attorneys 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 lawyer, so that he can help you as best he can. 

Often, the emotional strain of death can cause a person to lose sight of 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 lawsuit may be filed by the deceased’s surviving family members.

Compensation in Wrongful Death Cases: What You Can Claim

Losing a loved one due to someone else’s negligence brings immense emotional and financial challenges. Texas law allows families to seek wrongful death compensation to help ease these burdens. The compensation can cover financial losses and offer some justice for the untimely death.

Economic Damages

Economic damages in wrongful death cases are intended to compensate the surviving family members for the financial hardships they have endured due to the death of their loved one. These damages may include:

  • Medical Expenses and Bills: Any medical costs and bills incurred by the deceased before their death, which are a crucial component of economic damages claimed by survivors.

  • Funeral and Burial Costs: Expenses associated with the funeral and burial arrangements of the deceased.

  • Loss of Inheritance: The projected amount of money the deceased would have earned and passed down to their family.

  • Loss of Earning Capacity: The income the deceased would have continued to provide for their family.

  • Loss of Maintenance, Companionship, Care, Services, Support, and Advice: The value of the support, care, and guidance the deceased offered to their family.

Non-Economic Damages

Non-economic damages are designed to compensate for the emotional and personal losses suffered by the surviving family members. These damages may include:

  • Mental Anguish: The emotional pain and suffering experienced by the family.

  • Loss of Companionship: The loss of emotional support and companionship that the deceased provided.

  • Loss of Consortium: The impact on the marital relationship and the loss of spousal companionship.

Punitive Damages

Punitive damages are awarded to punish the defendant for their negligent or wrongful actions. These damages serve as a deterrent to prevent similar behavior in the future and are not directly related to the financial or emotional losses experienced by the family.

Common Causes of Wrongful Death in Austin, Texas

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 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 the case. This is one of the common causes of wrongful death, with distracted driving being the leading cause of accidents.

Medical Malpractice

When your healthcare provider, doctor, or nurse commits mistakes with diagnosis, treatment, surgery, or other medical-related procedures, 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 medications. 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 product 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 these types of cases — 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 non-economic damages, for the sole purpose of punishing the at-fault party.

Time Limits for Filing a Wrongful Death Claim

In Texas, there is a statute of limitations for filing a wrongful death claim, which is typically two years from the date of the death. This time limit is crucial, as failing to file within this period can result in the loss of the right to pursue compensation. However, there are certain circumstances where the statute of limitations can be tolled, such as when the defendant is a minor or when the plaintiff is a minor.

It is essential to understand and adhere to the applicable statute of limitations to avoid losing the opportunity to seek justice and compensation. An experienced Austin wrongful death lawyer can help determine the specific time limits for your case and ensure that your claim is filed on time. By working with a knowledgeable attorney, you can navigate the complexities of the legal process and protect your right to compensation.

What is the Difference between Wrongful Death Claims vs. Criminal Cases?

Wrongful death claims are civil actions brought by the surviving family members to seek compensation for their losses. These claims are distinct from any criminal charges that may be filed against the individual or entity responsible for the death. Even if there is no criminal conviction, the family can still pursue a wrongful death claim in civil court. The burden of proof in a civil case is lower than in a criminal case, allowing for the possibility of securing compensation even if criminal charges are not pursued or the defendant is found not guilty.

Schedule a Free Consultation with our Austin Wrongful Death Attorney

It is important to understand and be able to explain all of the problems facing you as the victim of such an accident. Largely, people tend to gloss over important information and dates, necessary to continue or file the proper pleading in the proper court. Our lawyers can help you make the changes necessary to move forward in your case. 

Given your personal history, the circumstances of the night in question, and your relationship with the opposing party, wrongful death attorneys in Austin might be able to help you when other lawyers can’t.

Contact us or give us a call at 512-866-6734 today. Our attorneys handle many cases that often feature individuals who are completely uncovered by health care insurance and need real assistance. Our wrongful death attorneys take many personal injury cases ranging from one extreme to the other.