How to File a Wrongful Death Lawsuit in Austin
While wrongful death claims are meant to help provide compensation to individuals facing the tragic and unnecessary loss of a loved one, complex laws and stubborn insurance companies can create further hardships no average person can navigate alone. You need an experienced wrongful death attorney.
The attorneys at Thomas J. Henry Law understand these laws and know how best to deal with the insurance companies so that you do not have to. By filing a wrongful death claim with our firm, you are taking the first steps towards securing compensation for the damages you and your family have suffered due to the loss of your spouse, child, or parent.
It is important to remember that wrongful death claims filed in Austin are subject to Texas’ statute of limitations laws. As such, family members have a limited amount of time to file their claim (typically within two years). If you miss this deadline, then you will be unable to seek justice or compensation in the form of a wrongful death lawsuit.
By contacting an attorney in a timely manner, not only are you ensuring you are within the necessary statute of limitation, but you are also ensuring that all evidence is preserved and that witness accounts will be accurate and detailed.
If you are considering a wrongful death lawsuit, call our Austin injury attorneys now for your FREE case consultation.
Damages to Pursue in an Austin Wrongful Death Lawsuit
The damages that will be sought as part of your wrongful death claim will depend on the unique circumstances surrounding your loved one’s death and your claim. One thing to remember, however, is that when filing a wrongful death claim, you are actually seeking compensation for damages against yourself and the surviving members of your family. Damages sought on behalf of the deceased family member would be part of a survival action that could be filed in conjunction with your wrongful death claim.
Common economic damages sought by families in an Austin wrongful death claim include:
- Funeral expenses
- Medical expenses related to the care of the deceased
- Loss of inheritance
- Loss of financial support
- Loss of benefits (such as insurance)
Non-economic damages, on the other hand, would cover items like:
- Loss of companionship
- Loss of emotional support
- Mental anguish
- Emotional pain and suffering
- Loss of consortium
- Loss of care, advice or protection
Because non-economic damages have no intrinsic value, it is important that you hire an attorney who is able to demonstrate their value in a way that a jury can understand. For example, how do you put a dollar amount on mental anguish? While it may seem like a strange practice, it is essential that your attorney is able to answer questions like this so that your family is fairly compensated for ALL of your sufferings.
Accidents That Often Result in Wrongful Death Lawsuit
In truth, instances of wrongful death can occur anyplace where negligence can. There is no place free of the risk of a fatal injury. However, in personal injury law, we typically see wrongful death lawsuit being the product of:
- Car Accidents – Our Austin car accident lawyers have the experience and resources to handle your wrongful death claim. If you have lost a family member to a car crash, call our offices now for a FREE consolation.
- Company Vehicle Accidents – Company vehicle accidents can be complex, especially when they result in death. Protect your rights and contact an experienced Austin company vehicle accident attorney.
- Drunk Driving Accidents – Drunk driving accidents are always preventable. This truth is even more tragic when an intoxicated driver claims the life of an innocent victim. If you have lost a family member to drunk driving, call Thomas J. Henry law.
- Premises Liability – When a property owner fails to maintain a safe property, the results can be life-threatening. When a death occurs on unsafe premises, it is essential that you hire an attorney to protect your rights.
- Trucking Accidents – Truck accidents are much more likely to result in death than a regular car crash. When a fatal truck accident does occur, you need an experienced Austin truck accident lawyer to handle your claim.
- Workplace Accidents – No one should have to fear for their life while trying to earn a living for their family. Still, thousands of fatal workplace accidents occur every year. If you have lost a loved one to a workplace injury, call Thomas J. Henry Law.
Again, that is not to say these are the only times a wrongful death lawsuit can be filed. They are just the most common.
Seeking a Survival Action in Austin, Texas
As previously mentioned, survival actions are filed on behalf of the deceased person while wrongful death claims seek compensation for damages suffered by the family and/or their estate,
In an Austin survival action, the victim’s family is asserting:
- Their loved one died because of the defendant’s negligence.
- This negligence caused pain and suffering to their loved one before they died.
- Had their loved one survived, he or she would have been able to pursue legal action against the defendant to recover compensation for pain and suffering.
- The defendant should not be able to avoid liability for pain and suffering just because that family member dies.
- The pain and suffering damages should be paid to the deceased person’s estate.
In Austin, a deceased person’s legal heir or estate representative can bring a survival action. In instances where there is no legal beneficiary to file a claim, relatives may pursue the action jointly.
Have You Lost a Loved One to Negligence? Contact Our Experienced Austin Wrongful Death Lawyers
If you have lost a loved one due to the negligence of an individual, company, or other entity, contact Thomas J. Henry. Our team of experienced Austin wrongful death attorneys are available 24/7, nights and weekends to talk with you and your family about your potential case.
At Thomas J. Henry Law, we offer FREE case reviews, and you don’t owe a thing unless we win your case. Our results speak loudly of our success in obtaining successful verdicts, settlements, and judgments for our clients. Let us help you and your family recover the compensation you deserve.
Our Austin, Texas Personal Injury Law Offices