Austin Wrongful Death Lawyer
Table of Contents
- An Austin Wrongful Death Lawyer Can Assist You Following a Family Member’s Death
- Wrongful Death Cases in Austin
- Fatal Accidents in Austin, Texas
- Do Not Expect Insurance Companies and Their Attorneys to Offer You the Financial Compensation You Need
- To Protect Your Legal Rights, It Is Important to Act Quickly
- Hire a Skilled Austin Wrongful Death Lawyer From The Patel Firm Today
The loss of a beloved family member brings a great deal of hardship. Not only does one experience grief and loneliness following the death, but there is often anxiety and financial concerns. Let an Austin wrongful death lawyer guide you through the legal obligations and concerns that accompany the loss.
If your loved one’s death was the result of a willful or negligent act of another person or corporation, you might be able to receive monetary compensation for the loss. In Texas, it’s possible for surviving family members to receive damages from the party responsible for the death.
Potential monetary compensation includes the loss of consortium, lost future earnings of the family member, as well as the contributive effort the individual brought to household maintenance.
The team of The Patel Firm can assist you during the tough time by determining your case’s merits and fighting for the compensation you deserve after the death of your loved one.
A wrongful death case frequently leads to different involved parties asserting their version of the events that lead to the death of a loved one. The parties include surviving family members, insurance companies, their claims adjusters, as well as different parties’ lawyers.
Insurance companies will try to pay as little as possible (or nothing at all) to surviving family members. Companies employ attorneys, investigators, and adjusters to research and gather evidence to supply justification at court for denying a wrongful death claim and avoid paying for damages.
Reach out to The Patel Firm at (361) 400-2036. We will fight for your rights and push back against an insurance company’s attempts to deny you what you deserve.
In order to construct a strong wrongful death claim, an Austin wrongful death lawyer knows that the following components are needed:
- Probate documents – This material will allow for the management of the decedent’s estate assets and ensure that the estate can bring the wrongful death claim.
- Evidence – In order to have a believable wrongful death claim, documentary evidence and witness testimony are needed to back it up.
- Evidence preservation – An effort will need to be made to ensure that documentary evidence is not misplaced or destroyed (intentionally or unintentionally) by other parties in possession of it.
- Expert witnesses – Once hired, these individuals can help a claim by, among other things, determining the exact financial cost of the loved one’s death to the surviving family members.
- Witness affidavits – These documents will need to be drafted and submitted in accordance with Texas’s probate code.
- Photographs – The location and condition of the death should be photographed to provide the context of the death.
- Accident reconstruction engineers – These experts can further explain the nature of the accident and the factors that contributed to the loved one’s death.
- Black box data – If a vehicle or vehicles were involved that had black box records, this data and audio recordings will need to be downloaded for evidence.
Although it may seem like more work to push through while experiencing the grief of losing a beloved family member, it is imperative to secure experienced legal representation before pursuing a wrongful death claim. Otherwise, the result could be insufficient compensation and added stress. The team at The Patel Firm is well-acquainted with the Texas court system and how to bring a wrongful death case to a successful conclusion.
Our wrongful death lawyers offer case evaluations without charge. We also work on a contingency fee basis, meaning we only receive fees if we help you recover damages from your wrongful death case. To schedule your free consultation, call us at (361) 400-2036.
If an individual passes away due to the intentional or negligent actions of another person or party, Texas law allows for family members of the decedent to file a wrongful death claim in order to recover damages. This law is in place so those surviving the death of a family member can receive financial compensation for the loss.
Damages can be awarded to family members for different reasons, both financial and emotional. The Patel Firm will fight for the maximum compensation for you so you can devote your time and energy to the emotional impact the death has had on your family.
The most common causes of fatal accidents include.
- Spinal cord injuries
- Trucking accidents
- Workplace injuries
- Traumatic brain injuries
- Pedestrian injuries
- Bicycle injuries
- Motorcycle injuries
- Animal attacks
The lawyers of the Patel Firm will bring their decades of experience in building wrongful death cases and presenting them in court when investigating the circumstances around your loved one’s death and determining the contributing events and liable parties.
What Can The Surviving Spouse of the Decedent Recover in a Wrongful Death Case?
In Texas, it’s possible for the spouse of the deceased to recover damages based on:
- Bystander damage, if the decedent’s children were present for the death
- Mental suffering
- Financial loss
- Exemplary damages, if it can be proven the defendant displayed gross negligence
- Loss of counsel and advice
- Lost companionship
- Loss of consortium
- Lost maintenance, support, and reasonable contributions of financial value
- Lost household and domestic services
- Lost monetary value of nurture, care, education, and guidance
Can the Children of the Decedent Recover Anything in a Wrongful Death Case?
It’s also possible in Texas for the deceased’s children to recover damages based on:
- Financial loss
- Mental anguish
- Loss of household and domestic services
- Lost inheritance
- Exemplary damages for grossly negligent conduct
- Loss of advice and counsel
Children can also recover damages in wrongful death cases. For more information regarding how the Courts identify and define “children,” you should call our Austin wrongful death lawyers today.
To get a better understanding of how Texas law and its courts define the term “children” in regards to wrongful death cases, reach out to the team at The Patel Firm today.
Survival Damages Compensation for the Decedent’s Estate
In addition to surviving children, spouses, and other family members, Texas law allows the decedent’s estate to receive compensation in a wrongful death case. It’s possible for these survival damages to then be passed on to the estate’s heirs. Damages for the estate can include:
- Exemplary damages, if it is determined that the defendant display gross negligence or willful conduct
- Funeral, medical, and burial expenses
- Physical pain, mental anguish, and suffering experienced by the decedent from the accident and up until death
Who Can Recover Damages from Wrongful Death Cases in Texas
Only certain relations of the deceased’s family members are able to receive compensation in a Texas wrongful death case. According to state law, the damage recovery is limited to children, spouses, and parents.
Public Policy in Wrongful Death Cases
Although the death of a loved one often brings grief and sadness to a family, wrongful death claims prevent the family from experiencing unnecessary suffering stemming from the death.
On top of the emotional effect, the loss of a family member can bring a great deal of financial hardship to the family the deceased had provided income and economic support. For example, surviving children may be unable to support themselves or their education while in college if a parent passes away suddenly. Wrongful death cases seek to mitigate negative financial effects on a family following the death of a loved one.
You should not have to endure financial challenges because the negligent or intentional acts of a person or party resulted in the death of a beloved family member. The lawyers at The Patel Firm can assist you in recovering the compensation you need and deserve.
Do Not Expect Insurance Companies and Their Attorneys to Offer You the Financial Compensation You Need
It is not in an insurance company’s best interest to provide you with the full financial compensation you need and deserve. Instead, the company’s claims adjusters will attempt to offer you insufficient compensation to cover medical expenses, psychological treatment, and lost financial support stemming from the death of your loved one. Remember that an insurance company is a business and its foremost concern is money, not the hardship and pain you may be experiencing.
You will not receive the financial compensation you need and deserve if you choose to take on an insurance company by yourself. The wrongful death lawyers at The Patel Firm will fight for you and your rights and recover the damages you are owed.
It is important to file your claim as quickly as possible after the accident that lead to the death since there are time limits set for the filing of wrongful death claims in Texas. Texas’s statute of limitations states that a wrongful death claim must be filed within two years from the date of the injury that lead to the death. If the death of the loved one was the result of an accident involving a motor vehicle driven by a state or municipal employee, there might only be 90 days from the date of the accident to file your claim in state or federal court.
Additionally, filing your claim promptly will give your wrongful death lawyer the maximum amount of time to collect and preserve evidence that will be needed to back up your case. If too much time passes after the accident, evidence may be destroyed or lost, and witnesses may not be able to remember events as clearly.
The longer you take in filing your wrongful death claim, the more difficult it will be to present a strong case in court. The stakes are raised even higher with wrongful death claims resulting from criminal cases. In all cases, the responsible party or parties will do anything they can to minimize the compensation they must pay out. Hiring an experienced and aggressive wrongful death lawyer is the first and best step you can take towards receiving the compensation you deserve and need.
The death of a beloved family can be devastating, and the financial and legal challenges that follow can be overwhelming as you try to work through your own grief. Let our experienced team of wrongful death lawyers assist you during this tough time. They will fight to get you the compensation you deserve and need.
If a willful or negligent act by another person or party resulted in the death of a family member, schedule a consultation with one of our Austin personal injury lawyers today. You can learn more about the services we offer and what your case might be worth, and any damage camps that might apply. Contact The Patel Firm at (361) 400-2036 to schedule your confidential consultation.