Losing a loved one because of someone else’s negligence is one of the most difficult experiences a family can face. While no legal action can replace your loss, a wrongful death claim may provide financial security and hold the responsible party accountable.
The Carlson Law Firm helps families throughout Austin, Travis County and Central Texas understand their legal options after fatal accidents. If you have lost a loved one, our Austin personal injury attorneys can explain whether your family may have grounds for a wrongful death claim under Texas law.
A wrongful death claim is a civil lawsuit brought when a person’s death is caused by someone’s negligence, recklessness or wrongful act. Unlike a criminal prosecution, a wrongful death lawsuit allows surviving family members to seek compensation for the financial and emotional losses caused by their loved one’s death.
Wrongful death claims frequently arise from:
An Austin wrongful death lawyer can review the circumstances surrounding a fatal accident and explain if your family may be able to pursue compensation.
Austin’s continued growth has brought increased traffic, commercial development and active construction projects throughout the city. While growth benefits the community, it can also increase the risk of preventable fatal accidents. Some of the most common causes include:
Fatal crashes can happen anywhere in Austin, but heavy traffic along Interstate 35 and other major roadways increases the risk of serious collisions. When a driver's negligence causes a fatal accident, surviving family members may have the right to pursue a wrongful death claim.
Austin's role as a transportation hub means commercial trucks frequently travel routes like U.S. Highway 183 and SH-130. Because of their size and weight, collisions involving large trucks can result in catastrophic or fatal injuries.
Motorcycle riders have little protection during a collision, especially on busy commuter routes such as MoPac Expressway. Drivers who fail to yield, change lanes without checking blind spots or drive distracted can cause crashes with devastating consequences.
Active development throughout Downtown Austin and surrounding areas creates hazards for workers and the public when proper safety procedures are not followed. Falls from heights, heavy equipment incidents and falling objects can all contribute to fatal accidents.
Not every wrongful death occurs on the road or at a worksite. Unsafe stairways, a lack of security, structural failures and other dangerous property conditions can lead to preventable fatal injuries.
Texas wrongful death law limits who may bring a wrongful death lawsuit. Eligible family members generally include:
If eligible family members do not file within the time allowed, the executor or personal representative of the estate may be able to pursue the claim under certain circumstances.
Wrongful death claims and survival actions are separate legal claims that may come from the same fatal accident.
Depending on the circumstances, both claims may be available.
Wrongful death cases often involve issues that go beyond proving who caused the accident. Depending on the circumstances, multiple parties can share responsibility, several insurance policies may apply, and damages could include decades of lost financial support.
These cases frequently require detailed investigations and expert analysis to fully understand a family’s legal options.
Every case is unique, but you could receive economic or non-economic damages. Compensation may include:
In certain cases involving gross negligence or willful misconduct, exemplary damages may also be available.
Every wrongful death case is different, but successful claims require evidence showing another party’s negligence caused the fatal injury. Depending on the circumstances, evidence may include:
Families should focus on preserving important records while allowing themselves time to grieve. Documentation that may be important for potential claims includes:
Before accepting a settlement offer, it can be beneficial to understand all available legal options.
No legal action can undo your family’s loss, but a wrongful death claim can help with the financial situation and hold the responsible party accountable. A compassionate attorney can review your case and explain any legal options you may have.
The Carlson Law Firm is available to help clients throughout Austin and the surrounding area. If your family has questions after a fatal accident, contact us and schedule your free consultation.
With 18 locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.
