Losing a loved one is an unimaginable tragedy, a pain that no words can adequately describe. Amid grief, families often find themselves burdened with handling affairs, planning services, and seeking closure.
When a death occurs due to someone else’s negligence or reckless behavior, the anguish deepens. It’s a harsh reality that demands justice and accountability.
If you believe your family member’s passing was due to carelessness, our experienced Austin wrongful death lawyers are here to help. We are committed to seeking the damages your family deserves to begin the healing process.
When you have any questions or uncertainties about pursuing a wrongful death claim, please don’t hesitate to schedule a free consultation with one of our compassionate and skilled wrongful death attorneys. Contact us today to find out how we can help you today. En Español
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Austin Attorneys Helping Grieving Families through Wrongful Death Claims
What Are Wrongful Death and Survival Actions?
Wrongful death lawsuits stem from a loved one’s passing due to the negligent or reckless acts of a person, a business, or a government entity.
In accordance with Texas Civil Practice and Remedies Code Title 4 §71, surviving relatives may file both wrongful death and survival actions in Austin as long as the deceased was not more responsible for the accident than the defendant.
In general, only surviving spouses, children, and parents may file wrongful death claims in Texas, although there are some exceptions for adopted children. Siblings of a decedent may not file a wrongful death or survival action.
The first step in these types of cases is to determine which parties are responsible, such as employees, employers, business owners, etc.
It is also necessary to determine the amount of harm that has been caused. Factors such as financial and economic loss, expenses incurred, pain and suffering, emotional trauma, and possibly punitive damages are added together to determine a recoverable, monetary amount.
Once the responsible parties are identified and damages are determined, the wrongful death case may proceed. Survival and wrongful death actions provide family members with a civil remedy for holding tortfeasors accountable for their actions.
Texas wrongful death laws are in place to help the surviving family recover the decedent’s lost income and expenses incurred because of the sudden death of a loved one.
If the tortfeasor does not offer a full and fair settlement, we may file a petition to initiate court proceedings. It is crucial that you hire wrongful death lawyers in Austin who are familiar with this process and can successfully fight for your rights.
Going to Trial
After the petition is filed, a process known as “discovery” will begin. This allows your legal representative to obtain information from the defendants.
This information is used to prove negligence, show employment records, correspondence, and any other evidence showing that a dangerous situation was created that led to the death of your loved one.
The case will proceed to trial after discovery is completed. A trial will consist of testimony from experts as well as the parties themselves.
The emotional distress caused by the loss of a loved one is difficult enough, but a wrongful death often entails financial burdens as well.
Should your family member have lost their life due to someone else’s carelessness, you will want to reach out to an Austin wrongful death lawyer at the DC Law firm.
Our skilled lawyers can ease some of the legal stresses and assist you and your family in finding closure following the death of a loved one.
Allow us to aid you in seeking compensation for the anguish and hardship your family has suffered due to the sudden loss of a loved one. For assistance in pursuing a wrongful death claim, contact our legal team for assistance.