Austin Wrongful Death Lawyer: Compassionate Legal Representation for Families
Losing a loved one due to another’s negligence is an unimaginable tragedy. If you’re grappling with the emotional and financial aftermath of such a loss, an experienced Austin wrongful death lawyer can provide the guidance and support you need during this challenging time. At The Traub Law Office, we’re dedicated to helping families pursue justice, accountability, and rightful compensation for their loss.
We recognize that no amount of money can replace your loved one. However, holding the responsible party accountable can offer financial stability for your family and a sense of closure.
What Is a Wrongful Death Claim?
A wrongful death claim arises when an individual’s death results from another party’s negligence, recklessness, or intentional misconduct. Such claims can stem from various incidents, including:
- Car accidents involving negligent or impaired drivers
- Truck accidents leading to fatal injuries
- Workplace incidents due to unsafe conditions
- Medical malpractice resulting in preventable fatalities
Under Texas law, immediate family members, such as the spouse, children, or parents, may file a wrongful death lawsuit to seek compensation. If these individuals do not initiate a claim within three months, the personal representative of the estate may pursue damages on behalf of the deceased’s beneficiaries, unless explicitly prohibited by the family.
Who Can File a Wrongful Death Lawsuit in Texas?
In Texas, the right to file a wrongful death claim is granted to:
- The surviving spouse (including those in a recognized common-law marriage)
- Biological or legally adopted children
- Parents of the deceased
If none of these individuals file a claim within three months of the death, the personal representative of the estate may take legal action, provided the family does not object.
It’s crucial to act promptly, as Texas law imposes a two-year statute of limitations for wrongful death lawsuits in most cases. Missing this deadline may forfeit your right to seek compensation.
Filing Wrongful Death Claims for Spouses in Texas: Special Circumstances
In Texas, spouses have specific rights when it comes to filing wrongful death claims. However, certain situations can affect these rights. Here’s what you need to know about putative spouses and legally separated spouses:
- Putative Spouse: A putative spouse is someone who enters into a marriage in good faith, believing it to be valid, even if it’s later discovered that the marriage is invalid. In Texas, putative spouses may have the right to file a wrongful death claim, depending on the circumstances.
- Legally Separated Spouse: If you are legally separated from your spouse at the time of their death, your rights to file a wrongful death claim may be affected. Texas law may still recognize your rights as a spouse, but the specifics can depend on the details of your separation and the laws governing your situation.
Understanding your rights as a spouse in a wrongful death claim is crucial. Consulting with an experienced Austin wrongful death lawyer can help you navigate these complexities and ensure you receive the compensation you deserve.
Understanding Texas’ Statute of Limitations for Wrongful Death Claims
In Texas, families generally have two years from the date of their loved one’s passing to file a wrongful death claim. However, certain exceptions may extend this deadline, such as cases involving minors, fraud, or other extenuating circumstances that may pause or “toll” the statute of limitations. Consulting with a knowledgeable Austin wrongful death attorney can help determine if any exceptions apply to your situation.
Acting swiftly ensures that vital evidence is preserved and your rights are fully protected during this difficult time.
Key Elements of a Wrongful Death Case
To establish a successful wrongful death claim, the following elements must be demonstrated:
- A death occurred due to another party’s negligence, recklessness, or intentional act.
- The defendant’s actions directly caused the death.
- Surviving family members have suffered financial or emotional losses.
- A personal representative is appointed to file the lawsuit.
Building a compelling case necessitates thorough investigation, expert testimony, and legal expertise, underscoring the importance of having a dedicated Austin wrongful death lawyer by your side.
What Is the Duty of Care in Wrongful Death Cases?
Duty of care is a fundamental concept in wrongful death cases, referring to the legal obligation to act with reasonable care to prevent harm to others. This responsibility varies depending on the situation and the relationship between parties. For instance:
- Drivers must follow traffic laws and operate vehicles safely.
- Medical professionals must adhere to established standards of care.
To establish liability in a wrongful death lawsuit, it’s crucial to prove that the responsible party breached their duty of care, resulting in the fatal incident. Demonstrating this breach is essential in building a strong case for grieving families.
Compensation Available in a Wrongful Death Lawsuit
Surviving family members may be entitled to various forms of compensation, including:
Economic Damages
These address the financial losses directly resulting from the death, such as:
- Lost wages and benefits the deceased would have earned
- Medical expenses incurred before death
- Funeral and burial costs
Non-Economic Damages
These compensate for the emotional and psychological impact of the loss, including:
- Loss of companionship, love, and emotional support
- Mental anguish experienced by surviving family members
- Loss of parental guidance and nurturing for surviving children
Texas law recognizes the profound personal void a wrongful death creates, allowing juries to consider these non-economic damages when determining appropriate compensation.
Punitive Damages (When Applicable)
In cases involving gross negligence or willful misconduct, Texas courts may award punitive damages to punish the responsible party and deter similar behavior in the future.
Our Austin wrongful death attorney will diligently work to ensure your compensation reflects the full extent of your loss.
Navigating Comparative Fault in Texas Wrongful Death Cases
Texas follows a “modified comparative negligence” system. If your loved one was partially at fault for the incident, you might still recover damages, provided they were not more than 50% responsible. However, the compensation awarded will be reduced in proportion to their share of fault. For instance, if your loved one was found to be 30% at fault, any damages awarded would be reduced by that percentage. If the fault is determined to be 51% or higher, the right to recover compensation may be lost.
Understanding these nuances is essential, and an experienced Austin wrongful death lawyer can help navigate these complexities to secure the compensation your family deserves.
Do Wrongful Death Cases Usually Go to Court?
Most wrongful death cases in Texas are resolved outside of court through negotiations with insurance companies. However, if a settlement can’t be reached, your case may proceed to trial. If this happens, your attorney will guide you through the process and prepare you for what to expect. Juries often award fair compensation to families who have suffered significant losses.
The Intersection of Criminal Cases and Wrongful Death Lawsuits
It’s common to wonder how a criminal case might impact a wrongful death lawsuit. In most situations, the two are entirely separate—handled by different courts, under different procedures, and with different standards of proof. While a criminal case focuses on punishing wrongdoing (e.g., jail time, probation), a wrongful death claim aims for financial compensation for the loss suffered by the family.
That said, evidence uncovered in a criminal investigation may sometimes be used in a wrongful death suit. However, your ability to recover damages does not depend on the outcome of a criminal trial, a wrongful death lawsuit can succeed even if no criminal charges are brought or the accused is acquitted.
Recovering Mental Health Treatment Costs in Wrongful Death Cases
The emotional toll of losing a loved one can be immense. Texas courts recognize this and may allow families to recover costs associated with mental health treatment, including therapy, counseling, or psychiatric services, as part of their damages. These expenses are considered compensable if they stem directly from the traumatic loss.
Seeking professional help is often a crucial step in the healing process. If you or other surviving family members have incurred mental health treatment costs due to the wrongful death, it’s important to document those expenses carefully—they may be included in the total compensation sought through your claim.
Establishing an Estate and Navigating the Texas Probate Process
Before a wrongful death or survival claim can proceed, an estate must be officially established for the deceased. In Texas, this process typically begins by applying to open probate in the county where your loved one resided. The court then appoints a personal representative (sometimes called an executor or administrator), who is responsible for managing the estate’s affairs.
The probate process ensures that any debts or outstanding obligations are addressed and that assets are properly distributed to heirs or beneficiaries according to Texas law. While the process can seem daunting, especially during an already challenging time, an experienced Austin wrongful death lawyer can guide you through each step, helping to minimize confusion and financial stress along the way.
Rideshare Accidents and Wrongful Death Claims
Rideshare incidents, such as those involving Lyft or Uber, can lead to wrongful death claims under Texas law. When a rideshare driver’s negligence, or company policies that put passengers at risk, result in a fatal accident, surviving family members may have the right to bring a wrongful death lawsuit against those responsible.
Whether the crash stemmed from reckless driving, distracted operation, or a failure in screening or supervising drivers, these cases are treated much like any other wrongful death action: the focus remains on proving negligence and securing fair compensation for the loved ones left behind.
Construction Accidents Leading to Wrongful Death Claims
Construction sites are inherently dangerous environments where a combination of heavy machinery, hazardous materials, and elevated workspaces pose constant risks. When strict safety protocols are not followed, or when negligence, whether from coworkers, contractors, or site supervisors, occurs, fatal accidents can result.
A wrongful death claim can arise in situations such as:
- Failure to maintain a safe worksite or provide proper safety gear (like hard hats or harnesses)
- Lapses in training, supervision, or enforcement of OSHA safety standards
- Accidents involving falls from heights, equipment malfunctions, or being struck by falling objects
- Exposure to toxic substances without adequate protection or warning
- Defective construction equipment or machinery supplied by manufacturers
In these cases, the families left behind may have grounds to pursue compensation when the fatality could have been, and should have been, prevented through reasonable care and compliance with both company policies and state or federal safety regulations.
What You Should Do After a Loved One’s Wrongful Death
If you suspect your loved one died due to negligence:
- Request official documentation (death certificate, medical reports, accident reports)
- Preserve any physical evidence (photos, belongings, vehicles)
- Avoid speaking with insurance adjusters before speaking with a lawyer
- Contact an experienced Austin wrongful death lawyer as soon as possible
Quick legal action improves your chances of recovering full compensation and holding the responsible parties accountable.
Contact The Traub Law Office Today
There’s no easy way to navigate the loss of a loved one, but you don’t have to go through it alone. The Traub Law Office is ready to help you take legal action with dignity and strength.
Schedule a free consultation today with a trusted Austin wrongful death lawyer who will fight for the justice and compensation your family deserves.
