Austin is the capital city of Texas and as such, it is equipped with many busy highways, roadways, hospitals, and medical facilities. All too often, however, motor vehicle collisions, medical mistakes, and other accidents in Austin are fatal.
If one of your loved ones has died as a result of someone else’s negligence or carelessness, you may be eligible to take legal action on behalf of your loved one. In other words, you may be able to file a claim or lawsuit for wrongful death.
The compassionate Austin wrongful death attorneys at George Salinas Injury Lawyers understand that dealing with the death of a loved one is hard enough. However, when that death results from another individual or a corporation’s carelessness or recklessness, you may be able to take legal action.
Our experienced lawyers regularly deal with these kinds of cases and are committed to helping you recover the compensation you deserve on behalf of your loved one. Contact us or call (210)-225-0909 today.
Defining Wrongful Death under the Law
Wrongful death law in Texas is governed by the state’s wrongful death statute. A decedent’s survivor may be able to file a wrongful death case if the decedent’s death resulted from a person or corporation’s carelessness, negligence, or wrongful act. These acts might include drunk driving collisions and motor vehicle accidents resulting from distracted driving or simple negligence. Medical negligence or malpractice by doctors, nurses, nursing homes, or hospitals can also serve as the basis for a wrongful death claim in Texas.
The Austin personal injury lawyers at George Salinas Injury Lawyers can discuss your loved one’s accident with you and determine if it falls within the parameters of the state’s Wrongful Death Statute.
What is a Wrongful Death Claim?
A wrongful death claim is a tort claim or civil claim. When the victim would have the right to make a personal injury claim but cannot do so because they died as a result of their injuries, then certain surviving loved ones can pursue a wrongful death claim to hold the person or company responsible for the death accountable.
Texas law establishes rules for when someone can make a wrongful death claim. Specifically, Texas Code Section 71.002 states that “an action for actual damages arising from an injury that causes an individual’s death may be brought if liability exists under this section.” The law also defines the circumstances when liability exists to include when someone dies as a result of a “wrongful act, neglect, carelessness, unskillfulness, or default.”
Only certain parties can make a wrongful death claim in Texas. The details for who can pursue this type of case are found in Texas Code Section 71.004, which states that “an action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.”
Those eligible loved ones left behind can obtain compensation not only for the losses that the deceased person endured during their lifetime but also for the harm that surviving family members are experiencing and will continue to experience as a result of the untimely death.
For example, a wrongful death claim can result in compensation for medical bills that the deceased incurred before death, but also for loss of the income the deceased would have earned during the rest of their life and loss of companionship affecting those who survived.
Because wrongful death claims are civil cases, plaintiffs who file one will have to prove their case against the defendant by a preponderance of the evidence. This means they will have to show that, more likely than not, the defendant’s negligent, careless, or intentional conduct was the direct cause of a death that resulted in monetary damages.
An Austin wrongful death attorney can provide invaluable assistance to those who are making a wrongful death claim. George Salinas Injury Lawyers has represented many people who lost loved ones after all different kinds of accidents and our team will work to identify those responsible and hold them accountable for the tragic death of your family members.
Statute of Limitations in Texas Wrongful Death Cases
All cases have statutes of limitations – or time deadlines by which a claim or lawsuit must be filed. The surviving family members of an Austin accident victim must file any wrongful death claim or lawsuit within two years of the decedent’s death.
Absent some very limited and narrow exceptions, the statute of limitations which is applicable to Texas wrongful death cases is a hard-and-fast deadline. Consequently, if a wrongful death claim or lawsuit is not filed within the applicable time period, the decedent’s survivors will likely be precluded from ever pursuing monetary damages on the decedent’s behalf.
Family Members who can bring a Wrongful Death Claim
Not all of a decedent’s family members are eligible to bring a claim for wrongful death in Texas. The following members of a decedent’s family are eligible to bring such a claim:
- The surviving spouse of the decedent
- The decedent’s children
- The decedent’s parents
- An adopted child of the decedent (in some cases)
- Adoptive parents (if filing the claim on behalf of an adopted child who is deceased)
Any of these individuals may be able to file a single wrongful death action. However, they could also consolidate all of their wrongful death claims together and file them as a single claim.
Texas law does not permit a decedent’s surviving siblings (either biological siblings or adopted siblings) to file a wrongful death claim.
The Austin wrongful death attorneys at George Salinas Injury Lawyers will be able to determine whether or not you are eligible to file a wrongful death claim under your circumstances.
Proving a Wrongful Death Case
In order to recover damages in a wrongful death case, the claimant or claimants (i.e., the person or persons filing the wrongful death claim) must be able to meet the burden of proof. This burden is very similar to the burden of proof in a standard personal injury case. Specifically, the claimant must be able to show that the at-fault person or entity owed a duty to act in a safe, reasonable, and careful manner.
The wrongful death claimant must also demonstrate that the at-fault party violated this duty of care, proximately resulting in the decedent’s death. In other words, the decedent’s death would not have occurred but for the at-fault party’s carelessness and negligence.
Our Austin wrongful death attorneys can help you with meeting the elements of proof in a wrongful death case.
Available Damages in a Wrongful Death Case
The main purpose of damages in a wrongful death case is to compensate a decedent’s surviving family members for the losses they sustained as a result of their loved one’s death. The amount and extent of these available damages vary from case to case, depending upon the circumstances – as well as the identity of the claimant, whether that be a parent, surviving spouse, or child of the decedent. Some common types of available damages in Texas wrongful death cases include compensation for:
- Loss of household services
- Lost inheritance
- Loss of counsel, support, and guidance
- Loss of companionship
- Emotional distress and mental anguish
- Loss of earning capacity
If the at-fault party behaved in a grossly negligent or reckless manner, the wrongful death claimant may be able to recover punitive damages in the wrongful death case. The purpose of punitive damages is to deter similar conduct by others in the future.
How Are Damages in a Wrongful Death Claim Divided?
Spouses, children, and parents of the person who was killed can pursue a wrongful death claim, according to Texas Code Section 71.004. Surviving family members who successfully recover compensation through a settlement can decide how to divide up the money they are awarded. If the case is resolved in court, the court will make this decision.
George Salinas Injury Lawyers will help you maximize the compensation available to you and determine how it is apportioned between eligible loved ones of the deceased. Get the legal help you need today to protect your rights as the stakes are high in wrongful death claims due to the devastating loss.
How Can an Austin Wrongful Death Attorney Help You?
An Austin wrongful death attorney will provide invaluable legal support as you navigate the process of resolving a wrongful death case. Some of the different services George Salinas Injury Lawyers can provide to you include:
- Identifying all of the defendants who may be responsible for providing compensation for the death. Sometimes, this can include more defendants than you think. For example, Texas law makes employers vicariously liable for employee acts committed while on duty, so if a death was caused by someone who was at work, you could sue the company employing them.
- Gathering evidence of how the death occurred. Since surviving loved ones must prove the defendant caused the death, it will be important to have evidence of what happened leading up to the incident. This can take the form of police reports, witness statements, and expert testimony, among other things. The available and necessary evidence will vary depending on the type of case. For example, security camera footage may be important in premises liability claims while black box data from a truck would be crucial in truck accident cases resulting in a death.
- Helping you to prove the extent of loss. You must show all of your damages if you want to be “made whole,” for them. This can be difficult to do when some of those damages are intangible and not economic. How do you put a price, for example, on the loss of a parent and child relationship or on the loss of a spouse? An experienced wrongful death attorney can help you to prove the extent of the harm so you can get the maximum compensation for all that was taken from you when your loved one was killed.
- Negotiating a settlement Many wrongful death claims are settled out of court when the defendant’s insurer makes an offer to provide compensation. You want to ensure you get a fair settlement, so having a trusted lawyer negotiating for you can be invaluable. Your attorney knows what your case should be worth and the defendant knows that they can’t take advantage of you when you have a professional legal advocate speaking for you.
- Proving a claim in court. If you cannot settle your case, it will be necessary to go to court and prove the defendant should be held liable for your loved one’s death. You need an experienced litigator who knows how to present evidence, make a compelling claim, and demonstrate how severely you were damaged by your loss.
George Salinas Injury Lawyers has the knowledge and experience necessary to take care of these tasks and to manage all aspects of your legal claim. When you are coping with the death of someone you care about, the last thing that you need is to spend your time and effort trying to navigate a complicated legal system. Let our Austin wrongful death attorneys take care of this for you while you focus on rebuilding.
Call an Austin Wrongful Death Attorney Today
Losing a loved one in a serious accident can be difficult to accept, and money can never truly compensate anyone for a human life. If you have lost a loved one due to someone else’s negligence, you may be able to recover compensation for everything that both you and your loved one went through.
The compassionate Austin wrongful death lawyers at George Salinas Injury Lawyers can determine if you are eligible to file a wrongful death claim or lawsuit. If you are, our experienced attorneys can advocate for your interests every step of the way and help you recover wrongful death damages in your case. To schedule a free consultation and case evaluation, please contact us today at (210) 225-0909, or contact us online.