Losing a family member is a heartbreaking experience that changes your life forever. When that loss happens because someone else was careless, the sense of injustice can be hard to bear. At Lorenz & Lorenz, PLLC, our Austin wrongful death lawyers understand that no amount of money can replace a person you love. However, holding the responsible party accountable can provide your family with the financial support needed to move forward.
If you are sitting at your kitchen table in Austin, trying to figure out how to handle the bills and the future, our legal team is here to help you seek the justice your loved one deserves.
Getting Help Is Simple
We want to make this easy on you. All you have to do is contact our firm today to share your story. If you have a case, we’ll get to work right away.
You Have Rights
You deserve to seek fair and deserved compensation for your loss. Our wrongful death attorneys are here to defend and fight for those rights.
You Owe Nothing Unless We Win
Your case review is completely free – no hidden fees or upfront costs. You won’t owe us a penny unless we win.
Why Choose Lorenz & Lorenz, PLLC, for Your Austin Wrongful Death Claim?
Choosing the right legal representation is a significant decision during a difficult time. At Lorenz & Lorenz, PLLC, we treat our clients like family because you are our top priority. Since 2001, we have focused solely on personal injury and wrongful death cases, which allows us to stay current on the laws that affect your claim. We have the resources, including an in-house investigator and a network of accident reconstruction professionals, to build a strong case on your behalf.
Our approach is built on accessibility and dedication to our community:
- We are available to speak with you 24 hours a day, 7 days a week.
- If your family cannot come to our office near the Texas State Capitol, we will come to your home or hospital room.
- You will work directly with an attorney, as we do not pass cases off to assistants or clerks.
- We operate on a contingency fee basis, meaning there is no fee unless we win your case.
Our firm has recovered over $500 million in settlements for our clients, demonstrating our commitment to holding negligent parties accountable. We focus on the legal details so you can focus on healing with your family in the Austin community. This dedicated focus on your well-being helps ensure that your voice is heard throughout the legal process.
What Defines a Wrongful Death in Texas?
In simple terms, a wrongful death occurs when a person dies because of the "wrongful act, neglect, carelessness, unskillfulness, or default" of another person or company. Under Texas Civil Practice and Remedies Code Section 71.002, the law allows certain family members to bring a legal action to seek damages. This is a civil case, which is different from a criminal case. While a criminal case focuses on punishment or jail time, a civil case with Austin wrongful death lawyers focuses on providing financial support to the grieving family.
Negligence is the most common foundation for these cases. Negligence is a legal term that essentially means someone failed to act with the level of care that a reasonable person would have used in the same situation.
For example, if a driver is distracted by their phone while driving down MoPac Boulevard and causes a fatal crash, their failure to pay attention is considered negligence. When this carelessness results in a loss of life, the law provides a pathway for the family to hold that driver accountable.
By working with Lorenz & Lorenz, PLLC, you can gain clarity on how these statutes apply to your specific situation and what steps are necessary to move forward.
Who Can File an Austin Wrongful Death Claim?
Not everyone who knew or loved the person who passed away can file a lawsuit. Texas law is very specific about which family members have the legal right to bring a claim. These individuals are often referred to as "statutory beneficiaries." In Austin and throughout Texas, the following people are eligible to file:
- The surviving spouse of the deceased person.
- The children (including adult children and legally adopted children) of the deceased person.
- The parents of the deceased person.
If none of these family members file a claim within three months of the death, a personal representative or executor of the estate may file instead, unless the family specifically asks them not to. It is important to note that siblings and grandparents typically do not have the right to file a wrongful death lawsuit in Texas.
Our team at Lorenz & Lorenz, PLLC can help you determine who the proper party is to initiate the legal process. Identifying the correct person to file the claim ensures that the case is handled according to Texas legal standards from the very beginning.
Common Causes of Fatal Accidents in the Austin Area
Austin is a vibrant city, but our busy roads and construction zones can be dangerous. Fatal accidents happen every day on major thoroughfares like I-35, Highway 183, and the Loop 360. When these accidents are caused by another person's poor choices, the family left behind has the right to take action.
At Lorenz & Lorenz, PLLC, we handle cases involving a wide variety of fatal incidents, including:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Rideshare Accidents
- Drunk Driving Accidents
Whether the incident happened in a busy intersection or a quiet neighborhood, we investigate the facts to find the truth. Our goal is to provide a clear picture of what happened so that the responsible parties cannot avoid the consequences of their actions.
Damages Available in an Austin Wrongful Death Lawsuit
When you work with our Austin wrongful death attorneys, we will help you calculate the "damages" associated with your loss. Damages is a legal term for the money requested to compensate for the losses you have suffered. These are generally divided into two main categories: economic and non-economic.
Economic damages are the measurable financial losses resulting from the death. These may include:
- Loss of the deceased person's expected earning capacity.
- Loss of inheritance (what the person would have saved and left to the family).
- Loss of support and maintenance the person provided to the family.
- Medical expenses incurred before the person passed away.
- Funeral and burial costs.
Non-economic damages are more personal and deal with the emotional impact of the loss. These include loss of companionship, love, and comfort. While these losses do not have a receipt or a price tag, they are often the most significant part of a wrongful death claim.
In some rare cases, "exemplary damages" (also known as punitive damages) may be available. These are intended to punish a person or company for "gross negligence" or a willful act. This sends a message that such behavior will not be tolerated in our community.
Our team at Lorenz & Lorenz, PLLC works to ensure that every type of loss your family has experienced is recognized and valued correctly. This comprehensive approach helps provide the financial stability your family needs during this transition.
Timeline for Filing a Claim: The Statute of Limitations
When you are grieving, the last thing on your mind is a deadline. However, Texas has a law called the "statute of limitations" that sets a strict time limit on how long you have to file a lawsuit. In most wrongful death cases, you have two years from the date of the person's death to file a claim in court.
If you miss this window, you may lose your right to seek compensation forever. There are very few exceptions to this rule, such as if the person filing the claim is a minor child. Because investigating a fatal accident takes time—collecting video footage from Austin traffic cameras, interviewing witnesses, and examining vehicle data—it is best to start the process as soon as you feel ready.
Starting the process early also helps preserve evidence that might otherwise disappear. Our attorneys at Lorenz & Lorenz, PLLC can manage the timeline for you, ensuring all paperwork is filed correctly and on time. This allows you to focus on your family's personal needs while the legal details are managed by professionals.
How We Investigate Fatal Accidents in Austin
To win a case, we must prove that the other party was responsible. This requires a thorough investigation. When you hire an Austin wrongful death attorney from Lorenz & Lorenz, PLLC, we begin gathering evidence immediately. We don't just wait for a police report; we take active steps to uncover what really happened.
Our investigative process often includes:
- Sending our in-house investigator to the scene of the accident.
- Securing electronic data from "black boxes" in commercial trucks or modern cars.
- Obtaining cell phone records to see if a driver was texting or calling.
- Reviewing maintenance records for vehicles or safety logs for companies.
- Working with accident reconstructionists to recreate the crash scene.
By building a solid foundation of facts, we put your family in a stronger position when talking to insurance companies. These companies often try to pay as little as possible, but having clear evidence of their client's negligence makes it harder for them to deny your claim. Our goal is to present a clear and honest account of the events to secure a fair outcome. This thorough preparation is a hallmark of how we represent our clients in the Austin area.
Standing Up to Insurance Companies
After a fatal accident, you might hear from an insurance adjuster. They may seem helpful or concerned, but it is important to remember that their primary goal is to protect their company's profits. They may offer a quick settlement that seems like a lot of money, but it often does not cover the long-term needs of a family that has lost a primary breadwinner.
At Lorenz & Lorenz, PLLC, we handle all communication with the insurance companies for you. We know the tactics they use to delay or minimize claims. By letting us speak on your behalf, you avoid the stress of these negotiations. We will not be pushed into accepting an unfair settlement; we are prepared to take your case as far as necessary to get the results you deserve.
We believe that your family should not have to pay for someone else’s mistake. This advocacy provides a barrier between you and the insurance companies, allowing you the space to process your loss in peace.
FAQs for Austin Wrongful Death Lawyers
If you have questions about your rights after a fatal accident, you are likely looking for clear and direct information. Below are some of the most common questions we hear from families in the Austin area regarding wrongful death claims.
What happens if the person responsible for the death is also facing criminal charges?
A wrongful death lawsuit is a civil matter and can proceed even if there is a criminal case happening at the same time. The two cases are separate. A criminal case determines if a person broke the law and should face jail or fines paid to the government. A civil case determines if the person is liable for damages and should pay compensation to the family. You can still win a civil case even if the person is not convicted in criminal court because the burden of proof is lower in civil cases.
Can I still file a claim if my loved one was partially at fault for the accident?
Yes, you may still be able to file a claim under the Texas "proportionate responsibility" rule. If your loved one was less than 50% responsible for the incident, the family can still recover damages. However, the total amount of money awarded will be reduced by the percentage of fault assigned to the deceased person. If they are found to be more than 50% at fault, the law prevents the family from recovering damages from the other party.
What if the person who died did not have a will?
Even if your loved one did not have a will, the legal heirs (spouse, children, and parents) still have the right to file a wrongful death claim under Texas state law. The absence of a will does not change the fact that a negligent person caused a loss. The recovery from a wrongful death claim goes directly to the statutory beneficiaries, while a survival action recovery would go into the estate to be distributed according to Texas intestacy laws.
Contact an Austin Wrongful Death Lawyer at Lorenz & Lorenz, PLLC, Today
If you have lost a family member in a fatal accident, you do not have to manage the legal process on your own. The Austin wrongful death lawyers at Lorenz & Lorenz, PLLC are ready to listen to your story and explain your options.
We provide a free, confidential consultation to help you understand the next steps without any financial pressure. Our team is available 24/7, and we are committed to helping your family seek the compensation and accountability you deserve.
Contact Lorenz & Lorenz, PLLC today to get started on your case. We are on top of it, and we will fight to protect your family’s future.