Wrongful Death Attorney in Austin, Texas
Traffic accidents are among the leading causes of death in Texas. According to a Motor Vehicle Traffic Crash Facts report from the Texas Department of Transportation, there were 3,896 traffic crash fatalities reported statewide in 2020. Losing a family member can be an emotionally overwhelming experience. If you believe that the negligent actions of another party caused your loved one's death, you may be entitled to financial compensation by filing a wrongful death claim against the responsible party.
At Greenway Law Firm, I'm dedicated to providing knowledgeable legal guidance and supporting the families of wrongful death victims during such a difficult period. As an experienced Texas personal injury attorney, I can review and investigate the surrounding facts of your case and explore your possible legal options to recover damages. I will help you file a wrongful death action and pursue rightful compensation to cover funeral and burial costs, lost wages, loss of consortium, lost inheritance, and any outstanding medical bills before the victim's death.
My firm — Greenway Law Firm — proudly serves clients throughout Austin, Texas, and the surrounding communities of Marble Falls, Georgetown, and Bastrop.
Reasons to File a Wrongful Death Claim
Wrongful death is the term used to refer to an avoidable death that occurred due to the negligence, carelessness, or wrongful actions of someone else. The purpose of a wrongful death action is to hold the responsible party accountable and compensate the decedent's family members for a preventable accident that caused their loved one's death. Through a wrongful death lawsuit, the deceased person's family can seek financial compensation for their loss and ensure that such an unfortunate event doesn't happen to another person or family.
According to Texas Civil Practice and Remedies Code Section 71.002, an action for actual damages arising from an injury that causes an individual's death may be brought if the "wrongful act, carelessness, neglect, unskillfulness, or default" of one party causes the death of another.
Although no amount of monetary compensation may be enough to fill the void left by their death, filing a wrongful death claim can give the surviving family members a much-needed financial boost to help cover medical costs incurred before the victim's death, funeral expenses, burial costs, lost income, and loss of consortium.
What Constitutes Wrongful Death in Texas?
To establish a wrongful death claim in Texas, the claimant is required to prove negligence by showing the following elements:
The defendant owed the deceased a duty of care
The defendant breached the expected duty of care
A death occurred
The defendant's wrongful actions led to the victim's death
The surviving family members suffered material damages
Eligibility to File a Wrongful Death Claim
Pursuant to Texas Civil Practice and Remedies Code Section 71.004(b), "the surviving spouse, children, and parents of the deceased may bring an action to recover wrongful death claims for the benefit of all."
If the surviving spouse, children, or parents fail to commence a wrongful death action within three calendar months following the victim's death, the executor or administrator (personal representative) of the deceased person's estate may bring and prosecute the action instead.
Time Limits for Filing
Texas wrongful death statute of limitations states that a wrongful death action must be commenced within two years from the date of the victim's death (Texas Civil Practice and Remedies Code Section 16.003).
The following damages may be recovered from a Texas wrongful death claim:
Medical costs incurred before the victim's death
Lost wages and benefits
Funeral and burial expenses
Lost earning capacity
Loss of consortium
Lost household services
Lost care, support, guidance, or counsel
Lost love, comfort, companionship, and society
Mental anguish and pain experienced by the decedent’s surviving loved ones
Exemplary claims or punitive damages to further punish the at-fault party
How an Attorney Can Help
The death of a family member is one of the most heartbreaking things any individual can deal with in life. Such a loss can affect your physical, emotional, and financial well-being. Fortunately, you don't have to face these challenges all by yourself. Retaining a knowledgeable Texas wrongful death attorney is the first step to protect your legal rights and pursue fair compensation for your loss.
At Greenway Law Firm, I'm dedicated to providing comprehensive legal guidance and compassionate representation to clients in their wrongful death cases. As your legal counsel, I will investigate every last detail of your personal situation, gather all necessary evidence and documentation, and work to prove that the defendant's wrongful actions caused your loved one's death.
Using my extensive experience, I will fight on your side to protect your legal rights and work to hold the responsible parties accountable. Having me on your side can make a big difference in your case and improve your chances of obtaining financial compensation for your loss.