Wrongful Death Lawyer
Austin Wrongful Death Lawyer: Trusted Guidance by Traub Law Office
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, and Who Can File One?
A wrongful death claim arises when an individual’s death results from another party’s negligence, recklessness, or intentional misconduct — car and truck accidents involving negligent or impaired drivers, workplace incidents from unsafe conditions, and medical malpractice among the most common causes.
Under Texas law, the right to file belongs to the surviving spouse (including a recognized common-law marriage), biological or legally adopted children, and parents of the deceased. If none of these family members files within three months of the death, the personal representative of the estate may pursue the claim on the family’s behalf, unless the family objects.
Texas law imposes a two-year statute of limitations for wrongful death lawsuits in most cases, though certain circumstances — a minor beneficiary, fraud, or other extenuating factors — can toll or extend that deadline. Acting swiftly preserves evidence and protects your rights; a knowledgeable Austin wrongful death attorney can tell you whether any exception applies to your situation.
Special Rules for Spouses
Texas recognizes some less obvious situations. A putative spouse — someone who entered a marriage in good faith believing it valid, even if it later turns out not to be — may still have the right to file, depending on the circumstances. A spouse who was legally separated at the time of death may also retain filing rights, though the specifics depend on the details of the separation. Either situation is worth discussing directly with an attorney rather than assuming you’re excluded.
Key Elements of a Wrongful Death Case
To succeed, a wrongful death claim generally has to establish: a death occurred due to another party’s negligence, recklessness, or intentional act; the defendant’s actions directly caused the death (a breach of their duty of care — for example, a driver failing to follow traffic laws, or a medical professional failing to meet the accepted standard of care); surviving family members suffered financial or emotional losses as a result; and a personal representative has been appointed to file suit. Building a compelling case takes thorough investigation, expert testimony, and legal skill — which is exactly where a dedicated wrongful death lawyer earns their fee.
Compensation Available in a Wrongful Death Lawsuit
Surviving family members may be entitled to:
- Economic damages — lost wages and benefits the deceased would have earned, medical expenses incurred before death, and funeral and burial costs
- Non-economic damages — loss of companionship, love, and emotional support; mental anguish; and loss of parental guidance for surviving children. Texas juries are allowed to weigh these losses when setting compensation.
- Punitive damages, in cases involving gross negligence or willful misconduct, meant to punish the responsible party and deter similar conduct
Texas courts also recognize the cost of the grief itself: therapy, counseling, or psychiatric care that stems directly from the loss is generally compensable. Document those expenses carefully if you incur them — they belong in your claim.
Comparative Fault in Wrongful Death Cases
Texas follows a modified comparative negligence system. If your loved one was partially at fault for the incident, your family can still recover damages as long as they weren’t found more than 50% responsible — but the award is reduced by their share of fault (30% at fault means a 30% reduction, for example). An experienced Austin wrongful death lawyer will push back hard on an inflated fault allocation, since insurers routinely use this rule to minimize payouts.
Does a Wrongful Death Case Go to Court?
Most wrongful death cases in Texas resolve outside of court through negotiation with insurance companies. If a fair settlement can’t be reached, your case may proceed to trial, and your attorney will prepare you for what to expect. Juries often award substantial compensation to families who have suffered significant, well-documented losses.
How a Criminal Case Affects a Wrongful Death Lawsuit
A criminal case and a wrongful death lawsuit are handled by different courts, under different procedures and standards of proof. The criminal case punishes the wrongdoer; the civil claim compensates your family for the loss. Evidence from a criminal investigation can sometimes support a wrongful death suit, but your right to recover damages doesn’t depend on the outcome of any criminal trial — a wrongful death claim can succeed even if no charges are filed or the accused is acquitted.
Establishing an Estate and the Texas Probate Process
Before certain wrongful death and survival claims can proceed, an estate must be officially established for the deceased — typically by opening probate in the county where they resided, at which point the court appoints a personal representative to manage the estate’s affairs. The process ensures debts are addressed and assets are properly distributed under Texas law. It can feel daunting on top of everything else, but an experienced Austin wrongful death lawyer will guide you through each step.
Wrongful death claims aren’t limited to car and truck crashes — rideshare accidents (where a driver’s negligence or a company’s screening and supervision failures cause a fatal crash) and workplace fatalities, including construction-site deaths from unsafe conditions, missing safety equipment, or OSHA violations, follow the same core framework: proving negligence and securing fair compensation for the family left behind.
What You Should Do After a Loved One’s Wrongful Death
- Request official documentation — death certificate, medical reports, accident reports
- Preserve 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. Call (512) 246-9191 or complete our online contact form.