Austin Wrongful Death Attorneys

Understanding Wrongful Death Claims in Austin

Wrongful death claims are legal actions brought by certain individuals if a close relative’s death was caused by another’s wrongful act, neglect, carelessness, or failure to act. No one ever expects to suddenly lose a loved one or relative. A loved one’s death, especially when it is caused by someone else’s negligence, recklessness, or intentional misconduct is difficult to deal with.

At The Law Giant, Personal Injury & Accident Lawyers, our Austin wrongful death attorneys understand how tough this situation is for you and your family during this devastating time. We cannot reverse your circumstances, but we can assist you in holding those responsible for your loved one’s passing accountable.

Texas Wrongful Death Law

You will find Texas’ wrongful death statute in Chapter 71 of the Civil Practice and Remedies Code, Sections 71.001 through 71.012. All of these sections determine who, when, and where wrongful death cases may take place in Austin and throughout Travis County.

Texas’ wrongful death statute will not be the same as other states’ laws. If your loved one was killed in Austin, you should speak with a local wrongful death lawyer. Texas law dictates when a wrongful death claim arises, who may file a lawsuit, who may benefit from compensation, and the type of compensation surviving family members may receive.

Who Can File a Wrongful Death Claim in Austin?

Texas significantly limits who may file a wrongful death case. To file suit, you must be a surviving spouse, child, or parent of the decedent. All of these surviving family members may file an action together, or one can file for the benefit of all of them.

Eligible Family Members Include:

• Surviving Spouse: Including formal marriages and common-law marriages recognized in Texas
• Children: Biological children and legally-adopted children (adult children are also eligible)
• Parents: Biological parents and those who legally adopted the deceased

Important: You cannot file a wrongful death claim if you are a romantic partner, fiancé, sibling, grandparent, grandchild, aunt, uncle, cousin, or other distant family member.

If none of the surviving beneficiaries file a wrongful death action within three months of your loved one’s death, then the administrator of the decedent’s estate can file the action.

Common Causes of Wrongful Death in Austin

A wrongful death claim does not have to arise from a specific type of accident. Any incident that was caused by another individual’s negligence, recklessness, or intentional misconduct can lead to a wrongful death suit. At The Law Giant, Personal Injury & Accident Lawyers, our Austin wrongful death attorneys have represented family members and estates after:

Types of Wrongful Death Accidents

Vehicle Accidents in Austin:

• Fatal accidents on I-35 through downtown Austin
• Deadly crashes on MoPac (Loop 1)
• Highway 183 fatal collisions
• Fatal accidents during Austin’s heavy traffic periods
• Deaths caused by drunk drivers leaving Austin entertainment districts

Other Common Causes in Austin:

• Construction Accidents: Fatal workplace accidents at Austin’s numerous construction sites
• Medical Malpractice: Deaths at Austin-area hospitals and medical facilities
• Defective Products: Deaths caused by dangerous or faulty products
• Premises Liability: Deaths due to unsafe conditions at Austin businesses and properties
• Truck Accidents: Fatal collisions with commercial vehicles on Austin highways
• Nursing Home Neglect: Deaths due to abuse or neglect in Austin care facilities
• Recreational Accidents: Deaths during boating on Lake Austin or Lake Travis
• Pedestrian and Bicycle Accidents: Fatal incidents in Austin’s busy downtown and campus areas

Wrongful Death Compensation in Austin

How much compensation each surviving spouse, parent, or child is entitled to can be a difficult question. This is especially true when there are numerous individuals with differing relationships with the decedent. It may not seem fair for each person to receive an equal portion.

Types of Compensation Available:

The close surviving relatives may receive compensation for:

• Funeral and burial expenses, if paid for by a surviving family member
• Loss of decedent’s earnings and future income
• Loss of inheritance
• Loss of decedent’s household, parental, and spousal services
• Loss of decedent’s care, support, guidance, companionship, and love
• Surviving family member’s mental anguish and emotional distress
• Surviving family members’ mental health care expenses

Important: The compensation the survivors receive is not subject to the decedent’s debts. If your loved one left behind debt that the estate is dealing with, your wrongful death settlement or jury award will not be put toward those expenses.

How Wrongful Death Compensation is Distributed

This issue is unique in each case. If your wrongful death case goes to trial in Travis County courts, it is up to the jury. If the jury decides in your family’s favor, then it also decides how much compensation to provide and how much to give to each survivor.

However, many wrongful death cases do not get to trial. Instead, they are settled out of court. In this situation, it may be up to you and your family to decide how compensation is distributed. This can be a sensitive conversation and one you should have with an experienced Austin wrongful death lawyer.

If you and other adults agree on how to divide the compensation, then this is a smooth process. We will help facilitate who will receive certain portions. However, if another adult beneficiary disagrees, then it may be necessary to hire separate law firms to work on the case together or file separate wrongful death lawsuits.

When the decedent leaves behind minor children, it is essential that their interests are protected. You may ask for a guardian ad litem to be appointed, or the Travis County court may do so. The guardian ad litem is a legal professional who makes a recommendation to the court regarding what is in the best interests of the children involved.

Time Limits for Austin Wrongful Death Cases

Wrongful death lawsuits must be filed within two years of the decedent’s death. This statute of limitations applies to all wrongful death cases in Austin and Travis County. There are some exceptions to this rule, but it’s wise to take action quickly. Your wrongful death claim is barred once the statute of limitations expires.

Acting quickly is also crucial for preserving evidence, interviewing witnesses, and protecting your family’s rights to compensation.

The Wrongful Death Legal Process in Austin

When evidence suggests that another person, business, or municipality is responsible for your family member’s death, it is important to talk with an Austin wrongful death lawyer as soon as you are able. At The Law Giant, Personal Injury & Accident Lawyers, one of our attorneys can immediately investigate the incident that caused your loved one’s death.

Some insurance companies are unwilling to settle your claim for a fair, reasonable amount. In such situations, it may be necessary to file a wrongful death lawsuit in Travis County to get the compensation you and your family deserve. At The Law Giant, our wrongful death lawyers are just as skilled in the courtroom as they are in negotiations with insurers.

We will assist with the entire litigation process, including filing your case, discovery, depositions, motions, court hearings, and trial in Austin area courts.

Why Choose Our Austin Wrongful Death Attorneys?

At The Law Giant, Personal Injury & Accident Lawyers, our Austin wrongful death attorneys are here for you and your family during this difficult time. We know that our legal services can never bring your loved one back, but we are dedicated to doing whatever we can to help you achieve justice and financial security.

• Local Austin Experience: Deep understanding of Travis County courts and local procedures
• Proven Results: Over $750 million recovered for injury victims and their families
• Trial-Ready Attorneys: Insurance companies know we’re prepared to go to court
• Compassionate Representation: We understand the emotional toll of wrongful death cases
• No Upfront Costs: We work on a contingency fee basis

Austin Resources for Wrongful Death Families

During this difficult time, you may need access to various Austin-area resources:

Austin Medical Facilities:

• Dell Seton Medical Center at UT
• St. David’s Medical Center
• Ascension Seton Medical Center Austin
• Austin State Hospital

Legal and Administrative Resources:

• Travis County Clerk’s Office
• Travis County Probate Court
• Austin Police Department
• Texas Department of Public Safety

Contact Our Austin Wrongful Death Lawyers

If you have lost a loved one in Austin due to another’s negligence, don’t face this difficult time alone. Our experienced Austin wrongful death attorneys are here to help you understand your rights and pursue the compensation your family deserves.

We serve clients throughout Central Texas, including Austin, Cedar Park, Round Rock, Pflugerville, Georgetown, Lakeway, and all of Travis County, Williamson County, and Hays County.

Call (512) 555-0123 or contact us online for your free case evaluation.

Available 24/7 for Austin wrongful death cases. We’re here when you need us most.