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.
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
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 an Austin 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
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.
What to Expect When You File a Wrongful Death Lawsuit in Austin
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 an Austin Wrongful Death Lawyer Can Help Your Family
Hiring a wrongful death attorney in Austin provides major advantages during a difficult time, including:
- Investigating Your Case: Your wrongful death lawyer works with medical experts, accident reconstruction specialists, and other professionals to uncover all facts surrounding your loved one’s death.
- Protecting Your Rights During Negotiations: Insurers frequently try to minimize payouts or deny claims entirely, but your attorney handles all communications and prevents you from accepting inadequate offers.
- Accurately Valuing Your Case: Your Austin wrongful death lawyer understands the true worth of your claim, including future lost earnings, medical expenses, and the emotional impact of your loss.
- Representing You During Negotiations and Trial: Whether settling out of court or presenting your case to a jury, your lawyer advocates aggressively for maximum compensation.
Beyond legal knowledge, your attorney provides emotional support and guidance, explaining complex legal concepts in plain language and keeping you informed about your case’s progress. This allows you to focus on grieving and healing while knowing your legal interests are protected.
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 a Wrongful Death Lawyer in Austin 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.