Wrongful Death

Austin Wrongful Death Lawyers

When you have lost a loved one to an accident, the best way that you can get justice for what happened is often by recovering financial compensation. Money will not bring back your loved one, but winning a large verdict or getting a settlement can help your family. In addition, it will hold the person or company responsible for your loved one’s death accountable. These can be complicated claims, and you need a lawyer to help.

Texas laws on wrongful death claims and procedures are confusing, especially when you have so much else to worry about. Let an Austin wrongful death attorney help you. 

People Who Can File a Wrongful Death Lawsuit in Texas

Your family has the right to file a wrongful death lawsuit when a family member has died. This is the right of the family as opposed to the estate. Texas law states that the following people can file a wrongful death lawsuit:

  • The surviving spouse
  • Children
  • Parents 

Families are best off when they work together to file a lawsuit. There are numerous steps to take in what could be a complex process. 

You Can Win a Wrongful Death Case By Proving Negligence

A wrongful death case is largely the same as any other personal injury action, except that the injury here is death. Otherwise, the case follows the same rules as any other lawsuit. The key to being in a position to receive compensation for your loved one’s death is showing that someone else was negligent. This is a four-part test, and the burden of proof is on you to prove each of these elements:

  • The defendant owed your loved one a duty of care
  • They breached that duty of care by acting unreasonably under the circumstances
  • Your family member suffered an injury
  • They would not have been injured had it not been for the actions of the defendant

There are other ways to recover wrongful death damages. For example, when the defendant was reckless or acted intentionally, they can also be made to pay. Some wrongful death cases follow homicides when the family wants justice from the person who killed their loved one. In addition, companies can be sued for wrongful death when their products or employees who are working at the time of the incident cause deaths. 

Damages in Your Wrongful Death Case

Once you have proven negligence, you can move on to the damages part of your wrongful death case. Here is where these cases are different from the average personal injury case. The damages here are for what the family had suffered as opposed to what the deceased person lost before they died. Those damages can also be recovered, but as part of a different type of legal case filed by the estate called a survival action. 

Here, the family can receive the following damages in a wrongful death case:

  • Compensation for their own grief and trauma that they experienced in losing their loved one
  • Lost wages that the deceased person would have earned for the rest of their career
  • Loss of consortium and companionship
  • Payment for the loss of their loved one’s guidance and support

These cases will often involve higher compensation since there is no greater harm than death. Families must make sure that they recover as much as they can because it will be their only chance to be paid for their damages. However, the defendant and their insurance company will try to make it hard for them during an already difficult time. It is difficult enough to deal with the grieving process without having to be fully immersed in the legal process. 

This is why you need an experienced lawyer by your side. You can trust us with the details of your wrongful death claim. We understand what you are facing as a family and what you need during this time. We will handle your case as compassionately as possible while fighting aggressively on your behalf. Our law firm will work to get answers and hold someone responsible for what happened to your loved one. This is a call that you cannot afford not to make. 

Speak with Trusted Austin Wrongful Death Lawyers

The Martinez Law Firm is the tireless advocate that you need when you are fighting for your legal rights in a wrongful death case. We will learn the details of your case and immediately begin working on getting you justice. Call us today at (512) 444-0025 or contact us online to set up a time to talk about your case. Do not let money worries get in the way. You do not need to pay us out of your pocket, and you owe us nothing unless you win. 

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