Austin Wrongful Death Lawyer

Austin Wrongful Death Attorney

FIGHTING FOR JUSTICE ON BEHALF OF YOUR LOVED ONES

Under Texas law, a wrongful death is a death that occurred due to the negligence of another individual or entity. This could be a result of an accident, malpractice, or even an intentional act. While nothing can bring back a loved one, wrongful death suits can help the family of the victim in many ways. An Austin wrongful death lawyer is an invaluable asset if you recently experienced the loss of a family member due to another party’s actions.

Compassionate Wrongful Death Representation in Austin, TX

The attorneys at The Sharp Firm have decades of experience handling a wide range of complex personal injury cases for clients in Austin and the areas surrounding it in Texas. We know that losing a loved one is never easy and that you will likely have many difficult legal questions you cannot answer alone. Our team can provide the guidance and support you need in this challenging situation and will guide you to a positive outcome in your case.

For many people, wrongful death suits can help to bring about a feeling of closure and justice. Knowing that the party that caused the death of a loved one is paying for their actions can help to grieving loved ones through such difficult times. Of course, financial compensation can also help to make transitioning into a life without the deceased loved one possible.

When you hire The Sharp Firm to represent you in a wrongful death case, you will have a dedicated legal advocate who can answer questions, gather evidence, obtain witness statements, and accurately calculate the full extent of the damages you and your family are legally eligible to claim from the defendant. You have limited time to file your case, so it’s important to reach out to an Austin wrongful death lawyer at your first opportunity.

Why You Need to Hire an Austin Wrongful Death Lawyer?

You may wonder why you need to hire an attorney if the cause of your loved one’s death appears obvious. You may see that a specific party caused their death and wonder why you need to hire an attorney in order to hold them accountable. The reality is that even if the cause of their death seems clear, the actual process of ensuring accountability and succeeding with your case will be far more challenging than you might expect.

Your Austin wrongful death lawyer can be invaluable in many ways. You can rely on your attorney to gather the evidence needed to prove fault for the accident, assess the scope of the damages you can claim, and handle many of the issues you and your family may not have the ability to address during this difficult time.

You may face a complex process of estate administration, or probate if your loved one died without an estate plan. You may need to resolve medical expenses if attempts were made to save their life after the fatal accident, and you will also struggle with your own grief and concerns for the future. Having an attorney’s help in this difficult time is a tremendous asset, so it is crucial that you find an attorney as quickly as possible after a family member’s wrongful death.

Who Initiates a Wrongful Death Suit?

In most cases, these types of suits will be initiated by a spouse, child, or other loved one of the diseased. An attorney at The Sharp Firm will work with the loved ones to help ensure the suit is filed correctly and vigorously work on the case until it is concluded. This helps allow the family to focus on their grieving process, and begin to put their life back together.

The person designated as the plaintiff in the wrongful death suit will seek compensation on behalf of the victim’s surviving family and beneficiaries. Functionally, a wrongful death suit will follow the same procedural rules as any other personal injury case. There are, however, different rules when it comes to eligibility to file the case and the damages available if the case is successful.

Proving Liability for Wrongful Death in Austin

Success with your wrongful death case in Austin will require proof of the exact cause of the death. You must identify the party who caused the death, prove how they caused it, and then show the full scope of the damages you and your family suffered because of their actions. This may sound straightforward, but this process may be more complex than you may initially expect, depending on how the victim died.

The Texas Department of State Health Services reported 14,800 deaths from unintentional injuries in 2022. While not all of these deaths resulted from negligence, it is important to recognize that negligence is a direct contributor to the third leading cause of death in the state each year. Some of the most commonly cited causes of wrongful deaths in Texas each year include motor vehicle crashes, slip and fall accidents, and workplace accidents.

Recent data from the Texas Department of Transportation and various police departments report that there were 4,238 deaths from traffic accidents throughout Texas in 2023. That same year, Travis County reported 200 motor vehicle accident deaths. Motor vehicle accidents are one of the most common causes of fatal personal injuries in Austin, and proving fault for a fatal accident is often challenging.

Motor vehicle accidents are more likely to result in fatal injuries when they happen at high speeds or when at-fault drivers are intoxicated behind the wheel. Speeding, drunk driving, and distracted driving are some of the leading causes of fatal vehicle accidents in Austin and throughout Texas each year.

You will need an experienced attorney’s help to build a compelling case. You may need various forms of physical and digital evidence that you may not know how to obtain on your own. If there were any witnesses to the fatal incident, their testimony could be invaluable, but you will need an attorney to gather their statements to support your wrongful death suit. In some cases, expert witness testimony is an invaluable addition to the plaintiff’s case.

To succeed with a wrongful death claim or any other type of personal injury case in Texas, the plaintiff must prove fault by a preponderance of the evidence. This means that a close examination of available evidence must indicate that the defendant is more likely than not at fault for the accident. Once you establish this, you can seek compensation for the economic and non-economic damages your family has suffered.

Potential Recoverable Damages

Every wrongful death case is unique, so it is impossible to have an idea of what types of damages may be possible. In Texas, families are typically entitled to compensation for one or more of the following types of damages:

• Hospital and Medical Care
• Funeral and Burial Expenses
• Compensation for the Financial Aid the Deceased Would Have Provided in the Future
• Compensation for the Loss of Companionship, Affection, Love, and Moral Support the Deceased Would have Provided

As in most other personal injury cases, it is possible for the plaintiff in a wrongful death case to seek compensation for economic and non-economic damages resulting from the defendant’s actions. Economic damages are generally straightforward and include direct financial losses. Calculating anticipated future damages, like lost financial support the deceased could have provided, will require the help of a seasoned attorney.

The family also has the right to seek compensation for their pain and suffering. This compensation is meant to address their mental anguish and emotional suffering, and their attorney can help them maximize this aspect of their case award. Additionally, if the defendant broke the law while causing the fatal injury, they may also owe punitive damages at the court’s discretion, further enhancing the family’s total compensation.

Resolving a Wrongful Death Case in Austin

Your family may have the option of seeking compensation with an insurance claim, depending on how the defendant caused the victim’s death. For example, if the victim died in a car accident, the at-fault driver’s auto insurance policy may provide some compensation to the victim’s family. However, dealing with insurance companies can be very difficult as they will often attempt to settle for as little as possible.

Your Austin wrongful death lawyer can help you navigate the auto insurance claim filing process successfully, but it is unlikely that your family will receive full compensation for all of your claimable damages through insurance alone. After recovering what you can through available insurance, your attorney can help you file a personal injury suit against the defendant.

Many of the personal injury cases filed in Austin each year are not resolved through litigation. In most cases, the parties involved in a civil suit will attempt to settle their case through private negotiation. When both parties are willing to compromise, it offers a more expedient resolution than can be expected from litigation, which could potentially take months or even years to resolve.

It is possible to negotiate a settlement for a wrongful death case in most situations, and if so, your Austin wrongful death lawyer can be an invaluable source of support at the negotiating table. They can help you ensure a fair settlement offer from the defendant and be ready to resolve any unexpected complications that arise with your claim. When a settlement does not work out, or if a defendant refuses to settle, the case must be resolved through litigation.

How Your Austin Wrongful Death Lawyer Can Help

The attorneys at The Sharp Firm have decades of experience handling the most challenging personal injury cases for clients in Austin, including wrongful death suits. We are confident that we can build a strong case for you and guide you to a positive outcome efficiently, helping you and your family maximize the compensation you receive from the defendant.

These cases are inherently challenging due to the emotional distress the family will experience after the unexpected death of the victim. It can be difficult for them to remain objective and focused on the issues their case involves, so the right attorney can be a crucial source of support for them. You can rely on the team at The Sharp Firm to handle your case with diligence, respect, and compassionate responses to all your questions and concerns as the case unfolds.

Our goal in every case we accept is maximum compensation for our client. We know that money cannot replace your loved one, but success with your case can provide financial relief during a very difficult time and provide a sense of closure. Trust our firm to do everything we can to maximize your case award in a timely manner, and we can be ready to fluently address any unexpected complications that arise throughout your proceedings.

You have limited time to file your case, and the evidence you may need to prove fault may not be available for very long. It is crucial to consult an experienced Austin wrongful death lawyer as quickly as possible after your loved one’s death, and The Sharp Firm is ready to take your call. Reach out to our team today to learn more about the legal services we offer and how we can assist you with your wrongful death case in Austin.

FAQs

Q: How Do You Prove Liability for a Wrongful Death in Austin?

A: You can prove liability for a wrongful death in Austin with evidence and witness testimony. The exact types of evidence you will need will vary based on how the death occurred. For example, proving liability for a fatal vehicle accident will be very different from proving liability for fatal medical malpractice. Your Austin wrongful death lawyer at The Sharp Firm can gather the evidence needed to prove liability in your case.

Q: What Happens if the Victim Shared Fault for Causing Their Fatal Accident?

A: If the victim shared fault for causing their fatal accident, Texas’s modified comparative fault rule would apply to their case. A fault percentage will be assigned to the victim, and as long as this percentage is lower than the defendant’s, the plaintiff can still recover compensation. However, the fault percentage assigned to the victim will be subtracted from the total case award.

Q: Will a Defendant Go to Jail for Causing a Wrongful Death in Austin?

A: It is possible for a defendant to go to jail for causing a wrongful death in Austin, based on how they caused the death. For example, if they were driving while intoxicated and caused a fatal car accident, they would not only face civil liability for wrongful death but also criminal prosecution for breaking Texas’s law against intoxicated driving. Charges like these tend to result in severe penalties when defendants have caused fatal harm with their actions.

Q: How Much Compensation Do You Receive for Wrongful Death?

A: The amount of compensation you could receive for wrongful death will vary based on multiple factors. Your family has the right to claim compensation for any economic damages suffered because of the fatal incident, and it is also possible to receive compensation for your pain and suffering. It is very difficult to estimate the potential value of a wrongful death case, so consult your Austin wrongful death lawyer so you know what you might expect.

Q: Why Should I Hire an Austin Wrongful Death Lawyer?

A: You should hire an Austin wrongful death lawyer to have the greatest chance of success with your case. You are not only more likely to succeed with your case but also more likely to maximize your compensation when you have an experienced attorney representing you. Your legal representative can build your case, accurately determine the full scope of damages you can claim, and help you resolve the case as efficiently as possible.

Contact Us

If someone close to you has been the victim of a wrongful death, please don’t hesitate to contact us. We offer a free consultation where we will evaluate the specifics of your case, and help you determine what the best course of action will be.