Top Austin Wrongful Death Lawyers | Get Justice for Your Loved One's Loss

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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Full Name*

Email address*

Phone Number*

Personal Injury Accident*

A qualifying car accident claim focuses on physical injuries sustained due to another driver's negligence. While insurance handles vehicle repairs, our firm assists when you have suffered bodily harm requiring medical treatment, lost wages, or long-term pain. To pursue a case, there must be documented medical evidence of injury beyond simple property damage.

Were you or a passenger injured?*

Was the accident the other driver’s fault?*

Did you receive medical treatment (ER, Urgent Care, Doctor)?*

Workplace accident claims go beyond standard employee reporting. We specialize in cases where a serious physical injury occurred due to unsafe working conditions, faulty equipment, or third-party negligence. If your injury has resulted in significant medical bills, specialized treatment, or an inability to return to work, legal representation is essential to ensure you receive the full compensation allowed by law, which often exceeds basic employer benefits.

Was the injury reported to your supervisor?*

Are you currently unable to work due to this injury?*

Did the accident involve faulty equipment or a secondary company?*

A valid slip and fall claim requires more than just an accidental trip; it focuses on preventable injuries caused by a property owner’s negligence. This includes hazards like unmarked wet floors, uneven pavement, poor lighting, or structural defects that the owner knew about—or should have known about—but failed to fix. If you sustained a physical injury requiring medical care due to these unsafe conditions, you may have a case for compensation.

What caused the fall?*

Was the hazard reported to the property owner or manager at the time?*

Are there photos or video of the hazard that caused your fall?*

Did you seek medical attention immediately following the incident?*

Product liability claims address physical injuries caused by defective or dangerous consumer goods. This is not a request for a refund or warranty replacement; it is a legal action taken when a product’s design flaw, manufacturing defect, or lack of proper safety warnings resulted in bodily harm. To qualify, the product must have been used as intended and the injury must be directly linked to the defect.

Do you still have the product and its original packaging?*

Did the product come with safety warnings or instructions?*

When was the product purchased?*

Bicycle accident claims focus on serious injuries sustained by cyclists due to the negligence of motor vehicle drivers or unsafe road conditions. While a bike can be replaced, the physical impact on a rider is often severe. A qualifying case requires that the accident resulted in bodily harm—such as fractures, road rash, or head trauma—and was caused by a driver failing to yield, 'dooring,' or other traffic violations. Our goal is to recover compensation for your medical recovery and long-term wellbeing.

Was a motor vehicle involved in the accident?*

Did you seek medical treatment or go to the hospital?*

Were there any witnesses or a police report filed?*

Did the accident happen due to a road hazard (pothole, debris)?*

Motorcycle accident claims address the catastrophic physical injuries that riders often face due to the negligence of other drivers. Because riders have very little protection, a collision often results in life-altering injuries—such as spinal damage, traumatic brain injuries, or severe road rash—that require extensive medical care. We focus on proving liability against distracted or careless drivers who failed to share the road, ensuring you receive compensation for your long-term recovery and specialized treatment.

Did the other driver see you before the collision?*

Were you transported to the hospital by ambulance?*

Was there a police report filed at the scene?*

Are you currently facing surgery or long-term rehabilitation?*

Dog bite claims are based on serious physical harm and emotional trauma caused by an owner’s failure to control their animal. A qualifying case involves more than just a minor scratch; it focuses on injuries that require medical intervention, such as stitches, nerve damage, scarring, or infections. If an owner’s negligence—such as ignoring leash laws or failing to secure a known dangerous animal—resulted in your injury, you may be entitled to compensation for medical bills and plastic surgery.

Did the bite break the skin and require medical treatment (stitches, etc.)?*

Do you know who the owner of the dog is?*

Did the attack happen on public property or while you were legally on private property?*

Was the incident reported to Animal Control or the Police?*

Claims for nursing home negligence focus on avoidable injuries or suffering caused by a facility’s failure to provide an acceptable standard of care. This goes beyond the natural progression of age; it involves documented harm such as untreated pressure sores (bedsores), frequent unexplained falls, malnutrition, dehydration, or medication errors. If a loved one has suffered physical harm or a sudden, suspicious decline in health due to inadequate staffing or caregiver oversight, legal intervention is necessary to protect their rights and secure their future care.

What is the name of the facility?*

Has a doctor or hospital confirmed an injury resulting from neglect?*

Is your loved one still residing at this facility?*

A wrongful death claim is a legal action taken by surviving family members when a loved one’s life is lost due to the negligent, reckless, or intentional actions of another. This claim seeks to hold the responsible party accountable for the profound impact of the loss, including medical expenses incurred prior to death, funeral costs, lost financial support, and the loss of companionship. While no legal action can replace a loved one, these claims ensure that the family is not left with the financial burden of a tragedy that could have been prevented.

What was your relationship to the deceased?*

What was the primary cause of the incident?*

Has an estate been opened or a personal representative appointed?*

Date of the incident*

Pedestrian accident claims address the severe physical injuries sustained by individuals struck by motor vehicles while walking, jogging, or crossing the street. Because pedestrians are completely unprotected, these collisions often result in traumatic injuries that require emergency surgery and long-term rehabilitation. A qualifying case focuses on proving a driver's negligence—such as distracted driving, failure to yield at a crosswalk, or ignoring traffic signals—to ensure you receive full compensation for your medical recovery and lost quality of life.

Where did the accident occur?*

Was the driver cited or ticketed by police?*

Were you transported from the scene by an ambulance?*

Are there any witnesses or video footage (CCTV/Dashcam) of the event?*

Brief Description of Your Case

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