Austin Wrongful Death Attorneys

What is Considered Wrongful Death in Texas?

Legally, a “wrongful death” is defined as an unnecessary death that results from the negligence or misconduct of another person or entity. A wrongful death lawsuit allows the victim’s surviving loved ones to recover damages that would have otherwise been recoverable by the victim had they lived, plus additional forms of compensation. 

Our Austin wrongful death attorneys are prepared to represent families whose loved ones passed away because of:

• Car accidents: These cases occur when someone dies in a motor vehicle accident due to the negligence of another driver, such as reckless driving, drunk driving, or distracted driving.
• Truck accidents: Wrongful death claims can result from collisions involving large commercial trucks, which can cause severe injuries or fatalities due to their size and weight. Negligence from the truck driver or the trucking company can be at fault.
• Motorcycle accidents: These claims occur when a motorcyclist dies in a collision with another vehicle or due to hazardous road conditions. Other drivers' negligence, poorly maintained roads, or defective motorcycle parts can be factors.
• Bicycle accidents: Wrongful death claims can be filed if a bicyclist dies in an accident caused by a motor vehicle or unsafe road conditions. Negligent drivers and municipalities failing to maintain safe cycling infrastructure can be responsible.
• Medical malpractice: When a medical professional's negligence or misconduct leads to a patient's death, a wrongful death claim may be filed. This can involve surgical, misdiagnosis, medication, or other medical mistakes.
• Dangerous Drugs: If a person dies due to complications resulting from the use of a dangerous or defective drug, a wrongful death claim may be filed against the drug manufacturer or distributor.
• Defective Medical Devices: Wrongful death claims can arise if a medical device, such as an implant or prosthetic, malfunctions or is found to be defective, leading to the patient's death.
• Natural Gas Explosions: When a natural gas explosion occurs, resulting in fatalities, wrongful death claims can be filed against responsible parties, such as utility companies or contractors.
• Mass shootings: If someone dies in a mass shooting due to inadequate security or negligence on the part of event organizers, property owners, or others, wrongful death claims may be pursued against those responsible.  

Contact National Trial Law today for a compassionate, results-driven approach to your case! 

Who Can File a Wrongful Death Claim in Texas?

Not all family members and loved ones can file a lawsuit on behalf of a wrongful death victim. Each state enforces rules for who can bring a claim, and Texas is no different.

In Texas, the following parties have the right to file a wrongful death lawsuit:

• The victim’s spouse. The surviving spouse has the right to file a lawsuit even if they were separated from the victim at the time of their death or if they remarried after their passing. Formal and common law marriages are recognized for purposes of personal injury law. 
• The victim’s children. Both adult and minor children can bring claims. Biological and legally adopted children have this right, though adopted children cannot file a lawsuit on behalf of their biological parents. 
• The victim’s parents. Parents can bring claims on behalf of both biological and legally adopted children. Parents have the right to file a lawsuit even if they are divorced. 

When a Personal Representative Can File a Wrongful Death Lawsuit in Texas

If the surviving spouse, children, or parents do not start the legal process within three months of the victim’s passing, the personal representative of their estate gains the right to file a wrongful death lawsuit. The personal representative, also called the executor, is chosen by the decedent in their will. If there is no valid will or the chosen personal representative is unavailable or unwilling to take the role, a court will appoint a personal representative (typically an immediate family member). The personal representative’s ability to bring a claim can be blocked if all surviving beneficiaries request that a lawsuit not proceed. 

Siblings and grandparents do not have the right to file a wrongful death claim. Long-time partners who were not married (by formal or common law marriage) can also not bring claims, no matter how much evidence they have of their relationships. The exception is if one of these non-qualifying loved ones is named by the decedent or the court to serve as the personal representative. 

If your loved one recently passed away due to the negligence of another party, but you are not sure whether you have the right to file a wrongful death lawsuit, we encourage you to reach out. Our team at National Trial Law can review your situation and walk you through your legal options.   

Struggling with the loss of a loved one due to negligence? Let our experienced Austin wrongful death attorneys help you navigate the legal process and seek justice for your family. Contact National Trial Law now!

Statute of Limitations for Wrongful Death Claims in Texas

To recover compensation for wrongful death, a qualifying party must file a lawsuit before the statute of limitations expires. In Texas, qualifying parties only have two years from the date of the victim’s passing to bring a claim. Note that the deadline is not tied to the date of the accident or incident that inflicted fatal injuries. The clock does not start running until the victim passes away.

If a minor child has the right to file a lawsuit due to the death of a parent, they have two years from the date they turn 18 to initiate the legal process. However, it is not generally advisable to wait as the evidence needed to build a strong claim will likely dissipate in the intervening years. To avoid this possibility, a parent or guardian of the minor child can bring the lawsuit on the child’s behalf.

Recovering Damages through Wrongful Death Litigation in Texas

Though no amount of money can truly compensate you for the loss of a family member, it can provide the support you and your family need to manage the financial consequences incurred as a result of an unexpected death. These types of compensation are called compensatory damages and are meant to help get the victim(s) back to the financial position they were in before the loss of their loved one. Non-economic damages, which are not as easily quantified, can also typically be secured by families in these cases. 

Sometimes, families affected by wrongful death are eligible for punitive damages as well. Punitive damages are meant to penalize the party at fault and to discourage them and others from acting irresponsibly in the future. 

If you are the spouse, child, parent, or personal representative of someone who was killed due to negligence, our Austin wrongful death lawyers will fight to get you just compensation for:

• The pain and suffering the victim experienced before death
• Medical expenses incurred by the victim before death
• Funeral and burial expenses
• Loss of companionship, affection, and moral support that the victim would have provided
• Loss of service that the victim would have provided 
• Loss of financial contributions that the victim would have provided