Austin Wrongful Death Lawyer
Losing a loved one unexpectedly is devastating. Families in Austin who are facing the loss of a spouse, child, or parent because of someone else’s negligence often feel overwhelmed, uncertain, and searching for answers.
Minesh Patel understands how deeply this loss affects every part of your life emotionally, financially, and practically. The wrongful death attorneys at The Patel Firm work to shoulder the legal burden for you so you can focus on grieving and healing.
Our team has the experience, resources, and local knowledge to guide you through Texas wrongful death laws, investigate the cause, and fight for the justice your family deserves. Call (512) 887-1447 for a free, confidential case review.
What qualifies as Wrongful Death in Texas?
A wrongful death occurs when a person’s life is taken due to another party’s negligent, reckless, or intentional act. Texas law recognizes this as a civil action separate from any criminal charges.
To bring a wrongful death claim, the elements are clear: the at-fault party owed a duty of care, they breached that duty, their actions directly caused the death, and the family suffered damages as a result. Criminal prosecution is not required. Civil cases can proceed even if no criminal charges are filed.
Who May file?
Under Texas law, only specific relatives may file a wrongful death claim: the surviving spouse, children, and parents of the deceased. If they have not filed within three months, the executor or administrator of the estate may bring the claim on behalf of the beneficiaries.
The statute of limitations is generally two years from the date of death. Not the date of the accident. Exceptions exist in rare situations, such as when the cause of death is discovered later, but those are narrow and strictly applied. If you are unsure about your deadline, the Austin wrongful death attorneys at The Patel Firm can confirm your timeline immediately.
How do wrongful death and survival actions differ?
A wrongful death action seeks compensation for the losses suffered by surviving family members, things like loss of companionship, lost financial support, and mental anguish.
A survival action, on the other hand, is brought by the estate to recover damages the deceased could have claimed had they lived, such as medical expenses, pain and suffering before death, and property damage. Wrongful death proceeds are distributed directly to the statutory beneficiaries, while survival action proceeds are paid to the estate.
Could shared fault reduce your recovery under Texas’s 51% rule?
Texas follows a modified comparative negligence rule. If your loved one is found partially responsible for the incident, any compensation may be reduced by their percentage of fault.
For example, if total damages are valued at $1,000,000 but your loved one was found 20% at fault, the recoverable amount would be reduced to $800,000. If fault is 51% or greater, no recovery is allowed. This makes early investigation by an experienced Austin wrongful death lawyer critical.
What damages can a Texas family recover after a wrongful death?
Families can seek both economic and non-economic damages. Economic damages include lost income and benefits, loss of inheritance, and reasonable funeral and burial expenses.
Non-economic damages compensate for intangible losses such as mental anguish, loss of companionship, and loss of care and support. In cases involving gross negligence or willful acts, exemplary (punitive) damages may also be awarded to punish and deter such conduct.
Where do deadly crashes and incidents happen most in Austin?
In Austin, certain roads and intersections consistently see higher rates of fatal accidents. I-35 is particularly dangerous, with around 2,300 crashes and roughly 23 fatalities each year. MoPac/Loop 1, US-183, SH-71/Ben White Boulevard, and Loop 360 also see serious collisions, especially in high-speed and work-zone areas.
Neighborhoods such as East Austin, Mueller, North Lamar, and areas near South Congress have also reported fatal pedestrian and cyclist incidents. Knowing where these high-risk areas are can be important in reconstructing accidents and understanding liability.
What types of wrongful death cases do you handle in Austin?
Common cases include:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle collisions
- Workplace and construction accidents
- Medical malpractice
- Defective products and dangerous drugs
- Premises liability, including slip-and-fall and unsafe property conditions
Less common but serious cases include:
- E-scooter or micromobility accidents
- Boating incidents on Lady Bird Lake or Lake Austin
- Multi-vehicle pileups in work zones along I-35
- Industrial accidents and explosions
- Negligent security leading to fatal assaults
Each type requires a tailored investigation to identify all liable parties.
What should you do next to protect your family’s claim?
Taking the right steps immediately after a wrongful death can strengthen your case. First, ensure the incident is reported to the proper authorities and request copies of all reports. Preserve all evidence such as photos, videos, witness statements, and any relevant documents such as medical records.
Avoid giving statements to insurance companies before speaking with an attorney. The wrongful death lawyers at The Patel Firm can step in quickly to handle communication, secure evidence, and begin building your case.
How will The Patel Firm build your case?
When you work with Minesh Patel, your case is handled with both diligence and compassion. Our process begins with a thorough investigation, often using accident reconstruction experts, economists, and medical professionals to evaluate the full impact of the loss.
We identify all liable parties, develop a clear legal strategy, and calculate the true value of your damages. Throughout, our team keeps you updated so you’re never in the dark. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
“Mr. Patel is a great lawyer! He had patience, always responded timely and got things done for me. I had another lawyer for a different accident and never talked to the lawyer so I was worried about the same thing again. Mr. Patel and Mr. Bramanti had a passion for my case and got my case settled for the max.” – Kristin C.
How long does a wrongful death case take and do most settle?
The timeline varies based on factors like complexity, number of parties involved, and whether liability is disputed. Some cases resolve in a few months through settlement, while others may take a year or more if litigation is necessary.
Many wrongful death cases do settle out of court. However, being prepared to go to trial often increases negotiating leverage, which is why the attorneys at The Patel Firm approach each case with a trial-ready mindset from day one.
Frequently Asked Questions (FAQs)
Can siblings recover compensation?
In Texas, siblings generally cannot file a wrongful death claim directly, but they may inherit through the estate in a survival action.
What if there’s a criminal case too?
A criminal case is separate from a civil wrongful death claim. Civil liability can be proven even if there is no criminal conviction.
How are settlements divided among beneficiaries?
The court or the beneficiaries themselves will determine a fair division, often based on the closeness of the relationship and financial dependence.
What if we discover negligence months later?
Texas law has limited exceptions that may extend the filing deadline if the cause of death was not immediately apparent. Act quickly to preserve your rights.
Do we have to go to court?
Not always. Many claims are resolved through negotiated settlements, but court may be necessary if the other side refuses a fair resolution.
How do fees work?
We work on a contingency fee basis. There are no upfront costs, and we only get paid if we win your case.
Ready to talk?
If you’ve lost a loved one in Austin due to someone else’s negligence, you deserve answers and justice. Call (512) 887-1447 any time, day or night, to speak directly with a wrongful death attorney at The Patel Firm.
We offer free, confidential consultations and will guide you through your legal options with compassion and honesty.
