Nothing can replace the tragic loss of a loved one. Your family may be faced with having to take care of your loved one’s affairs and plan services while trying to grieve. The pain felt from such tragedy is worsened when a death was caused by another’s negligent or reckless act.
If your family member passed away due to someone else’s carelessness, you may be able to seek damages for the harm your family has suffered with the help of our Austin wrongful death lawyers. If you are unsure about whether a claim for wrongful death is feasible, ask one of our steadfast personal injury attorneys.
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Austin Attorneys Helping Grieving Families through Wrongful Death Claims
Wrongful Death and Survival Actions
Wrongful death lawsuits stem from a loved one’s passing due to the negligent or reckless acts of a defendant. 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 a wrongful death claims in Austin, 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 case may proceed. Survival and wrongful death actions therefore provide family members with a civil remedy for holding tortfeasors accountable for their actions and recovering the decedent’s lost income, expenses incurred because of the tragedy, and more. Should settlement not be reached, we may file a petition to initiate court proceedings. It is crucial that you hire an attorney who is familiar with this process.
Going to Trial
After the petition is filed, a process known as “discovery” will begin. This allows your legal representative to obtain information from defendants which is relevant to proving negligence, such as employment records, correspondence, and any other evidence showing that a dangerous situation was created before your loved one’s passing. The case will proceed to trial after discovery is completed. Trial will consist of testimony from experts as well as the parties themselves.
While the emotional pain of losing a loved one is hard enough, the truth is that a wrongful death also comes with financial implications. If your loved one passed away because of another person’s negligence, consider calling an Austin wrongful death lawyer at our firm. Our experienced attorneys may be able to alleviate some of the legal burdens and help you and your family get closure after a loved one’s death.
Let us help you get compensated for the pain and suffering your family has endured as a result of a loved one’s unexpected passing. To file a claim for wrongful death, contact our legal team for assistance.