Have you suffered the sudden and painful death of a family member in an accident in Austin, TX? You may be entitled to compensation. Call Anderson Injury Lawyers at (512) 399-5000 for a free consultation. Our experienced Austin wrongful death lawyers can help you fight for the justice your family deserves.
Our personal injury law firm is dedicated to fighting for the rights of accident victims and their families in Texas. As nationally acclaimed civil litigators with extensive experience handling complex legal disputes, we’ve helped clients recover over $100 million in monetary awards.
Why Choose Anderson Injury Lawyers to Help Me After My Loved One’s Fatal Accident in Austin, TX?
Choosing Anderson Injury Lawyers puts some of the state’s most respected and powerful trial attorneys in your corner. Led by founding partner Mark Anderson, a Board-Certified Personal Injury Trial Lawyer with over 30 years of experience, our legal team focuses on providing reliable, passionate, and tenacious legal representation when it matters most.
It’s why our Austin personal injury lawyers have been recognized as:
- Texas Magazine Top Attorneys
- Super Lawyers
- “Best Car Accident Lawyers in Fort Worth” by Expertise.com
- “AV Preeminent litigators” by Martindale-Hubbell
- Members of the Multi-Million Dollar Advocates Forum
We take on powerful corporations on behalf of our clients and secure life-changing monetary awards. Don’t stress about navigating a complicated wrongful death claim. Focus on grieving your loss and count on our award-winning Austin wrongful death attorneys to be your most passionate and dedicated advocates for justice.
Contact our law office in Austin, Texas, today to schedule a free consultation.
How Does Texas Define Wrongful Death?
When someone you love dies because of another party’s negligence or wrongful actions, you have rights under Texas state law. Specifically, you can take legal action to hold the at-fault party accountable for your loved one’s death.
The right to sue exists when a death is “wrongful,” as defined by the state’s Wrongful Death Act. Texas Civil Practice and Remedies Code Section 71.002 defines “wrongful death” as a death caused by another’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
Not just anyone can file a wrongful death lawsuit, however. Pursuant to state law, the right to bring a wrongful death lawsuit belongs to the decedent’s surviving:
- Spouse
- Child(ren)
- Parent(s)
If there are multiple surviving family members who want to file a lawsuit, they bring the claim collectively.
If none of these family members survive the decedent, or if none bring a claim within three months of the decedent’s death, the personal representative of the decedent’s estate can sue.
How Much Is My Austin Wrongful Death Claim Worth?
There is no standard value for personal injury claims. Ultimately, numerous factors will impact the potential value of a wrongful death settlement or jury verdict, including:
- What was the decedent’s income and earning capacity before they died?
- How will the decedent’s death affect your potential inheritance?
- Did the decedent contribute to the household by raising children, caring for an elderly or disabled family member, or performing maintenance or other services?
- What was the nature of the relationship between the decedent and the family members bringing the wrongful death claim?
- Did the decedent survive their injuries for any period of time before passing away?
- What insurance benefits are available?
- Was the victim’s death caused by an intentional act of violence or gross negligence?
- How old was the victim when they died?
The more you relied on your deceased loved one financially, for household support, and emotionally, the more you might be able to recover if you win your wrongful death claim.
What Damages Can I Recover In a Texas Wrongful Death Lawsuit?
While some states restrict the types of monetary awards that can be awarded in wrongful death cases, Texas allows for the recovery of both economic and non-economic damages.
Economic Damages
Economic damages are intended to help surviving family members deal with the objective financial burdens and consequences they face in the wake of their loved one’s death, such as:
- Lost wages, income, job benefits, business interests, and other financial support
- The value of lost household support and services the decedent would have provided if they survived
- Loss of inheritance
- Medical bills incurred before the decedent passed away (if they survived their injuries for a period of time)
- Funeral expenses
These losses often have supporting documentation, including bills, receipts, and invoices.
Non-Economic Damages
Non-economic damages are designed to help surviving family members deal with the harder-to-value life changes and trauma they experience because of a loved one’s death, such as:
- Loss of consortium
- Loss of parental guidance and support
- Loss of companionship, comfort, and society
- Pain and suffering
- Mental anguish
Punitive damages, also known as exemplary damages, can be awarded in some wrongful death cases. However, these are limited to wrongful death lawsuits that go to trial where there’s clear and convincing evidence of malicious conduct or gross negligence.
What About Survival Actions in Texas?
A separate legal claim known as a survival action can also help the decedent’s estate recover compensation for damages the decedent personally suffered before they died. In Texas, a survival action is appropriate only when the decedent survived their fatal wounds before passing away. A personal representative can bring a claim to recover damages for lost wages, medical bills, and pain and suffering that the decedent experienced before their death.
How Much Does It Cost to Hire a Wrongful Death Attorney in Texas?
It doesn’t cost a thing out of your own pocket to hire our Austin wrongful death attorneys. Most attorneys, including ours, work on a contingency fee basis. This means that the attorney fees are directly related to the case results we achieve.
We only get paid if we win. Our fees will simply be deducted from the wrongful death settlement or jury award we recover on your family’s behalf.
How Could Shared Fault Affect a Texas Wrongful Death Settlement?
Texas follows a system of modified comparative negligence with a 51 percent bar to recovery.
In wrongful death cases, the decedent’s degree of fault is taken into consideration. The family can recover compensation in a wrongful death case as long as the decedent’s shared fault is not greater than 50 percent. In these situations, the family’s financial award will be reduced proportionately to fault.
If the decedent’s shared fault is greater than half, the family can lose the right to demand compensation from another at-fault party.
We Handle All Types of Wrongful Death Cases
Under the right circumstances, almost any accident or act of criminal violence has the potential to be fatal.
At Anderson Injury Lawyers, we provide top-tier legal support to families in all types of wrongful death cases, including those related to:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Boating accidents
- Bus accidents
- Pedestrian accidents
- Bicycle accidents
- Train accidents
- Aviation accidents
- Medical malpractice
- Nursing home abuse
- Sexual assault
- Construction accidents
- Workplace injuries
Experience matters when you’re fighting for justice after the death of someone you love. We bring experience, an in-depth knowledge of Texas law, and considerable resources to the table. When you put our top-rated personal injury law firm in your corner, you don’t just level the playing field against tough insurance companies and multinational corporations; you set the stage for victory by a wide margin.
How Long Does a Family Have to File a Wrongful Death Lawsuit After a Fatal Accident in Texas?
The typical statute of limitations for wrongful death cases in the state of Texas is two years. This gives you up to two years from the date of your loved one’s passing to pursue damages in a personal injury lawsuit.
Once the second anniversary of their death passes, you’ll generally lose the right to bring a claim under Texas state law.
Schedule a Free Consultation With Our Experienced Austin Wrongful Death Lawyers
At Anderson Injury Lawyers, we help families that are suffering from the wrongful death of a parent, spouse, or child in an accident in Austin, Texas. You have rights, and our award-winning Austin wrongful death lawyers want to help you fight for justice.
Led by a powerful trial attorney with over 30 years of experience handling high-stakes legal disputes, our team of top-rated Texas litigators has helped injury victims and families win $100 million (and counting) in financial awards.
Today, we’re ready to invest our resources, knowledge, and passion for justice into your wrongful death case. Contact our law office in Austin to learn more. There’s no charge for your initial case review.