If your loved one’s life was cut short due to someone else’s negligence or recklessness, you may be entitled to compensation through a wrongful death lawsuit. At Dow Law Firm, our experienced personal injury lawyers in Austin serve families throughout Texas with both skilled legal representation and genuine compassion.
We understand that no legal outcome can erase your loss, but while you focus on healing, we’re here to handle the legal burden and fight for the justice your family deserves.
Contact our dedicated Austin wrongful death attorneys today at (512) 240-9951 to schedule a free consultation.
Table of Contents
- Why Choose Dow Law Firm?
- Meet Our Austin Wrongful Death Attorneys
- How Can a Wrongful Death Lawyer Help Me?
- What Is Wrongful Death?
- Common Causes of Wrongful Death in Austin
- Standard Damages in a Texas Wrongful Death Lawsuit
- Wrongful Death Claims vs. Survival Actions
- Who Can File a Wrongful Death Claim in Texas?
- What to Expect When You File a Wrongful Death Lawsuit
- How Does Comparative Negligence Affect Wrongful Death Claims?
- How Much Does It Cost to Work With a Wrongful Death Attorney?
- Texas’s Statute of Limitations for Wrongful Death Lawsuits
- Contact Us Today
Why Choose Dow Law Firm in Austin, Texas?
Losing someone you love is never easy, especially when their death is sudden, unexpected, and the result of an avoidable accident. You deserve time to grieve and come to terms with your loss, but the insurance company doesn’t care.
The adjuster will call and try to take advantage of you during this incredibly difficult time in your life. They’ll try to get you to say something to hurt your claim or pressure you into taking a lowball offer that won’t come close to what your wrongful death case is worth.
Things change when you hire Dow Law Firm. Our Austin wrongful death attorneys have decades of combined experience representing individuals and families in emotional, high-stakes legal disputes.
Led by Board Certified Civil Trial Specialist Attorney Luke Dow, we’re a team of known and respected litigators that the insurance company doesn’t want to see on the other side of a case file. We advocate hard for our clients, build powerful claims, and don’t fold when things get tough.
Ask for our help, and you’ll have a team of award-winning Texas trial lawyers and legal staff fighting in your corner until the end. If the insurance company doesn’t offer you a fair settlement, we won’t hesitate to bring your wrongful death case to a jury. We’re aggressive negotiators, but we genuinely thrive in the courtroom, as established by our multi-million-dollar track record of success.
Now’s the time to demand financial justice for your loss, and our top-rated Austin wrongful death lawyers are here to help you make the most of your fight. We offer a free consultation and work on a contingency fee basis, so there’s no cost to call us for help today.
Meet Our Founding Attorney
- Board-certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
- 30+ years of experience practicing personal injury law in Texas.
- Secured $35 million in settlements and jury verdicts for clients.
- Selected to the Super Lawyers list from 2018 through 2026.
- Member of the Austin Bar Association, Texas Trial Lawyers Association, Travis County Capital Area Trial Lawyers Association, and American Board of Trial Advocates.
awards & accolades
How Can a Wrongful Death Lawyer Help Me?
Taking on a powerful insurance company can be intimidating, especially when your world has just been turned upside-down.
Fortunately, you don’t have to do it alone. Hiring an experienced Austin wrongful death attorney gives you time to focus on your needs and takes the stress and burden of a contested legal claim off of your shoulders.
When families in Austin turn to Dow Law Firm in the wake of a fatal accident, we:
- Coordinate and execute a prompt investigation and work to preserve critical pieces of evidence
- Explain the family’s legal rights and options under Texas law
- Bring in expert witnesses and specialists to aid in identifying damages, calculating a claim’s value, and strengthening a legal claim
- Step in and handle all conversations, interactions, and negotiations with the insurance company
- Anticipate and strategize appropriate ways to handle victim-blaming tactics designed to limit or deny compensation
- Offer counsel and advice when an insurance adjuster offers a settlement
- File a lawsuit and bring the wrongful death case to trial, if necessary
- Accurately value your claim, accounting for future lost earnings, medical expenses, and the full emotional impact of your loss
Wrongful death lawsuits tend to be more complicated than other personal injury cases, especially when it comes to damages and valuation.
By hiring a wrongful death attorney, you gain a skilled legal advocate with important resources and knowledge who can take your fight for compensation to the next level. This allows you to focus on grieving and healing while knowing your legal interests are protected.
What Is Wrongful Death?
When someone’s life ends on account of another party’s negligence, the victim’s family can file a wrongful death lawsuit against the responsible party. Holding the responsible party accountable can provide justice and closure for the victim’s family.
To obtain compensation, the victim’s family needs to prove that their loved one’s death was the direct result of another party’s negligence and that the responsible party failed their duty to act in a certain manner.
Holding the responsible party accountable can provide justice and closure for the victim’s family.
Common Causes of Wrongful Death in Austin
There are many potential causes of wrongful death, including:
- Car accidents: According to the National Safety Council, 2016 was the deadliest year in nearly a decade, with approximately 40,000 deaths occurring due to motor vehicle crashes. Drivers who fail to exercise caution, obey traffic laws, and remain mindful of other motorists can be liable in a wrongful death lawsuit.
- DUI/DWI: Drunk drivers take more risks and have a slower reaction time than sober drivers. If a driver kills someone while under the influence of drugs or alcohol, they can be held legally responsible.
- Motorcycle accidents: Many motorcycle accidents result in serious injury or death. If a motorcyclist is killed by a negligent or reckless driver, their family may be entitled to compensation.
- Pedestrian accidents: When pedestrians are struck by a vehicle while crossing the crosswalk, in a parking lot, on the shoulder, or on the sidewalk, they can suffer deadly injuries.
- Bicycle accidents: Hundreds of bicyclists die every year, often due to motorists turning left or right, veering into the bicycle lane, and opening car doors. Drivers who commit these acts can be held legally responsible.
- Truck accidents: Trucking companies and manufacturers have a duty to abide by federal and state regulations. If they fail to do so, they can be held legally responsible in a deadly truck accident.
- Construction accidents: Heatstroke, collapsing scaffolds, electrocutions, and vehicle accidents that occur while reversing are some of the many preventable causes of construction site deaths. If construction site conditions are not safe, the employer or property owner can be found liable in a wrongful death lawsuit.
- Workplace accidents: Explosions, falls, burns, and equipment accidents cause numerous deaths each year, often on account of employers failing to provide a safe work environment.
Standard Damages in a Texas Wrongful Death Lawsuit
In a wrongful death lawsuit, someone must have died on account of someone else’s negligence or harmful intent, and the death must have resulted in monetary suffering on the part of the surviving family members.
Whether due to criminal behavior, occupational hazard, automobile accident, or other causes, the court may award damages to the spouse, children, or parents of the victim.
Damages can include:
- Decedent’s lost wages (the money they would have earned)
- Loss of consortium (intangibles such as affection, companionship, and comfort)
- Medical and funeral expenses
- Loss of benefits, such as medical coverage
- Loss of inheritance
What’s the Difference Between Wrongful Death Claims and Survival Actions?
Wrongful death claims and survival actions are two related claims that can be pursued simultaneously after a person’s death. They each serve distinct purposes and can help families recover different types of damages in the wake of a tragic loss.
A wrongful death claim is governed by Texas Civil Practice and Remedies Code § 71.002 and can be filed by a surviving spouse, child, and/or parent when a person’s death is caused by the negligent or wrongful actions of a third party. The purpose of a wrongful death lawsuit is to compensate the surviving heirs for the struggles they face because of the loss of their close family member.
A survival action, on the other hand, is governed by Texas Civil Practice and Remedies Code § 71.021, and can be filed by the personal representative of the decedent’s estate. A survival action can only be pursued when the decedent survived their injuries for some period of time before passing away.
The survival action pursues compensation for the financial losses, pain and suffering, and trauma the decedent experienced in the time between their injury and death. Damages awarded in a survival action are paid to the estate and distributed in accordance with the decedent’s will or pursuant to Texas intestacy law.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who can pursue a wrongful death lawsuit. This law may seem restrictive, but it makes sure that only those closest to the deceased have the right to seek justice.
You can file a wrongful death claim in Austin if you are the deceased person’s surviving spouse, child, or parent. These family members can file individually or work together.
If you and other eligible family members don’t file within three months of the death, Texas law requires the estate’s personal representative or administrator to file the claim instead. However, this requirement does not apply if all surviving spouses, children, and parents specifically request that no wrongful death lawsuit be filed.
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What to Expect When You File an Austin Wrongful Death Lawsuit
Filing a wrongful death lawsuit in Austin involves several stages. The process typically begins with your attorney investigating the circumstances surrounding your loved one’s death, gathering evidence, and identifying all potentially liable parties.
Your wrongful death attorney will file the initial complaint in court, which formally starts the wrongful death lawsuit. The defendants will then respond to these allegations, and both sides will enter the discovery phase. During discovery, attorneys exchange information, take depositions, and build their cases through document requests and witness interviews.
Many Austin wrongful death cases settle before reaching trial. Your wrongful death lawyer will negotiate with insurance companies and defense lawyers to reach a fair settlement that compensates your family for the damages that you endured. If settlement negotiations fail, your case proceeds to trial, where a judge or jury determines the outcome.
Throughout this process, having legal representation protects your rights and interests. Your Austin attorney will handle the complex legal procedures, ensure your case meets all deadlines and other requirements, and protect you from making statements that could harm your case.
How Does Comparative Negligence Affect Texas Wrongful Death Claims?
Comparative fault can hurt your ability to recover compensation for the wrongful death of a family member. Texas is a modified comparative negligence state, which means that sharing most of the blame for an accident is a total bar to recovery. In wrongful death cases, it’s the decedent’s shared fault that is at issue.
For instance, if your spouse was killed in a fatal crash in Austin and is assigned more than 50 percent of the blame for the wreck, you won’t be able to recover damages from a third party in a wrongful death case.
Damages can be awarded on a reduced basis if a decedent’s share of the blame was equal to or less than 50 percent. If, in that same crash scenario, your spouse was assigned just 15 percent of the blame for the fatal car accident, you could recover compensation in a wrongful death case. However, your damages would be reduced by 15 percent to account for their contribution to the deadly accident.
Insurance adjusters won’t hesitate to blame your loved one for causing their fatal accident. Be ready to fight back against these tactics. Your family member isn’t here to defend themselves and tell their side of the story, but Dow Law Firm can gather facts, point to evidence, and bring in experts to dispute these allegations and protect your family’s case when it matters most.
How Much Does It Cost to Work With a Wrongful Death Attorney in Austin?
Nothing up front, and nothing out of your own pocket. Our wrongful death attorneys in Austin, TX, represent families on a contingency fee basis. We only get paid if we’re successful in recovering compensation for you.
Our fee is a set percentage of your financial recovery. It varies from case to case, but generally sits between 33 percent and 40 percent of the gross recovery. Since we front the costs of litigation, we’ll be reimbursed for those expenses, too. If we don’t win, you pay absolutely nothing.
Texas’s Statute of Limitations for Wrongful Death Lawsuits
Texas imposes a strict two-year deadline for filing wrongful death lawsuits, starting from the date of death. This statute of limitations creates a firm boundary that you cannot ignore. Missing this deadline typically means losing your right to pursue compensation permanently.
Courts rarely make exceptions, even in compelling circumstances. If you attempt to file after the two-year period expires, the court will likely dismiss your case regardless of its merits. This is why it is so important to speak with a lawyer right away—we can identify your filing deadline and initiate the wrongful death lawsuit before time is up.
Contact Our Austin Wrongful Death Lawyers Today
If a loved one has been taken away from you due to negligence or worse, don’t face the legal process alone. Trust the experienced Austin wrongful death attorney at Dow Law Firm to guide you through every step and secure the compensation you deserve.
Contact us today at (512) 240-9951 or by using our online form to schedule a consultation and learn more about how we can assist you.