Austin Wrongful Death Lawyer

When an accident results in death, the victim’s survivors face a devastating loss, one that can be very challenging to come to terms with due to its unexpectedness and another party’s involvement. The sense of injustice can be overwhelming.

While emotionally healing from such a loss can take a lifetime, Texas law entitles families to pursue financial recovery through a wrongful death claim. If your family recently suffered a loss in an accident someone else caused, The Patel Firm is here to manage your claim and guide you through the process of seeking wrongful death compensation. We’re available 24/7 and respond quickly to phone calls, text messages, and emails.

Contact us right away to discuss your circumstances with an experienced and compassionate Austin wrongful death lawyer. Your case evaluation is free and without obligation, and you pay nothing unless we win your case.

How Can an Austin Wrongful Death Attorney Help Me and My Family?

When a loved one’s death results from someone else’s conduct, the process of pursuing justice can feel immense. Grieving families often face complex legal and financial challenges at a time when they need to focus on healing. An Austin wrongful death attorney from The Patel Firm can help by taking on the burden of the legal process. We’ll fight to protect your rights and help your family pursue the accountability and financial security you deserve.

Having an attorney’s guidance is especially important because a wrongful death case involves a significant amount of complex evidence. Additionally, the procedural requirements and strict filing deadlines can be confusing if you’ve never had to work within the legal system before. An experienced lawyer can manage these details and make it easier for your family to focus on what matters most while your case moves forward.

Our wrongful death law firm in Austin can support you and your family by doing the following:

Investigating the cause of death and gathering key evidence to support your claim, including medical records, accident reports, witness statements, and expert opinions
Identifying every potentially liable party whose actions contributed to your loved one’s death, potentially including individuals, companies, or institutions
Calculating the full value of the claim by considering medical bills, funeral costs, lost income, your loved one’s relationships with your family, and the emotional impact of your loss
Filing all legal documents correctly and on time to preserve your right to compensation under Texas law
Negotiating with insurance companies and defense attorneys who may try to minimize the value of your case
Preparing for trial if the at-fault party doesn’t offer a fair settlement, so we can present the strongest possible argument before the court
Keeping your family informed throughout the process and explaining each step in clear, straightforward terms

Contact us today to speak with a qualified wrongful death lawyer in Austin. Your case review is free and fully confidential.

What Compensation Could I Recover in a Wrongful Death Claim?

A wrongful death claim allows surviving family members to seek compensation for the personal and financial harm that results from a loved one’s preventable death. The purpose of filing this type of claim is to recognize the value of what your family lost due to another party’s negligence and to help you regain financial stability.

Compensation in a Texas wrongful death case may address both your economic and non-economic losses, including the following:

Lost financial support your loved one would have provided over their lifetime
Loss of your loved one’s companionship, care, and guidance
Mental anguish and emotional suffering caused by the death
Loss of your loved one’s household services and contributions
Funeral and burial expenses

In addition to a wrongful death claim, the deceased’s estate may also file a survival action. This separate claim seeks compensation for the pain, suffering, and expenses the victim endured between their injury and death and, when filed in tandem with a wrongful death claim, can provide surviving family members with a more comprehensive financial recovery.

How Are Wrongful Death Settlements Paid Out?

If your family is pursuing a wrongful death claim, you might be wondering, “How are wrongful death settlements paid out?” When a case results in compensation, the court distributes funds to eligible beneficiaries identified under the Texas wrongful death statute, usually the deceased’s closest surviving family members who relied on their support and companionship. Eligible wrongful death beneficiaries in Texas may include the following:

The surviving spouse
The deceased’s children, including legally adopted children
The deceased’s parents

Siblings, grandparents, and other relatives generally cannot recover under the Texas wrongful death law unless they qualify through another legal avenue.

When the case settles, compensation is typically paid in two main ways. A lump sum settlement provides the entire amount at once, giving the family immediate access to the funds. A structured settlement, on the other hand, distributes the payments over time, which can provide longer-term financial stability and tax advantages in certain situations. The choice between these options depends on the family’s needs, financial goals, and the specific circumstances of the case.

What Must I Prove in a Wrongful Death Case?

When pursuing a wrongful death case, your family must show that another party’s negligence caused your loved one’s death. Negligence is a legal term that refers to someone’s failure to act with reasonable care under the circumstances, which results in harm to another person. The evidence in a wrongful death case must demonstrate that this failure directly led to the fatal injury.

Proving negligence typically involves showing that the defendant owed your loved one a duty of care. Examples include a driver’s duty to operate a vehicle safely or a property owner’s duty to maintain safe premises. Your family must then prove that the other party breached this duty through careless or reckless behavior, like running a red light or ignoring a known safety hazard.

Finally, you must also show that this breach caused both the death and measurable harm in the form of financial and emotional losses. Evidence like medical records, accident reports, income statements, and personal testimony can support your claim.

Who Can File a Wrongful Death Lawsuit in Texas?

Only certain close relatives have the right to file a wrongful death lawsuit under Texas law. These include the deceased person’s spouse, children, and parents. Each of these family members may bring the claim individually or join together in a single lawsuit. If they do not file within three months of the death, the executor or personal representative of the estate may file the claim on their behalf unless the family specifically requests otherwise.

Siblings, grandparents, and other relatives are not eligible to file a wrongful death action in Texas, even if they were close to the deceased. However, they may still benefit indirectly if they are heirs of the estate and a separate survival action results in compensation distributed through probate.

How Long Do I Have to File a Wrongful Death Lawsuit in Texas?

Families typically have two years from the date of death to file a wrongful death lawsuit. Missing the deadline imposed by the Texas wrongful death statute of limitations can permanently bar your family from recovering compensation. While some exceptions may extend the time limit, the courts’ strict enforcement of these deadlines makes speaking with a wrongful death lawyer in Austin as soon as possible necessary to protect your family’s ability to pursue a claim.

What Are Common Wrongful Death Cases?

Wrongful death claims can arise from many types of fatal accidents and incidents in which negligence, recklessness, or misconduct play a role. Each case is unique, but the underlying issue is that someone’s careless or intentional act caused a loss of life.

Common causes of wrongful death in Texas include the following:

Car accidents
Truck accidents
Motorcycle accidents
Pedestrian accidents
Drunk driving or distracted driving crashes
Commercial vehicle and 18-wheeler accidents
Workplace, industrial, or construction site accidents caused by safety violations
Defective or dangerous products, including vehicle parts, medical devices, or consumer goods
Medical malpractice, such as surgical errors, incorrect or delayed diagnosis, or medication mistakes
Nursing home neglect or abuse leading to fatal injuries or illness
Premises liability incidents, including slip-and-fall accidents, inadequate security, dangerous property conditions, or code violations
Acts of violence or assault

It’s important to understand that a wrongful death lawsuit is a civil action that exists separately from any criminal case that may arise from the same incident. Whereas criminal prosecution seeks to punish the wrongdoer, a civil wrongful death claim allows the surviving family to pursue financial compensation for their personal and economic losses.

Contact an Austin Wrongful Death Lawyer Today

If your family recently lost a loved one as a result of another party’s actions or inaction, a Texas wrongful death lawyer at The Patel Firm can help you seek the justice and compensation your family needs to move forward after a tragedy. We place an emphasis on providing highly personalized representation to families in need, and we’ll never treat you like a case number.

The Patel Firm has a strong record of successfully securing compensation for families in the wake of unexpected losses, and we believe getting the legal help you need shouldn’t require any financial risk on your part. That’s why the initial consultation is always free and fully confidential, and we don’t get paid unless we recover compensation for your family.