Austin Wrongful Death Lawyer
Have you suffered the loss of a loved one in a fatal Austin accident? Contact Lorenz & Lorenz, LLP for a free consultation. You can learn about the benefits of filing a wrongful death lawsuit. Our compassionate Austin wrongful death lawyers will help you understand your rights and answer the questions you have. If you want to file a claim, we’ll fight to get you the money you deserve during this difficult time.
After an accident, family members may have the right to obtain compensation for their loss. While money won’t bring a loved one back, it can help limit the accident’s financial impact. It can also provide a little sense of justice by holding the person who caused the fatal accident responsible.
What is Wrongful Death?
Wrongful death means that a person’s “wrongful act, neglect, carelessness, unskillfulness, or default” causes the death of another person. Simply put, a wrongful death occurs when someone is killed in an accident. The death is not intentional, but rather a result of careless or negligent behavior.
At Lorenz & Lorenz, LLP, our Austin personal injury attorneys have decades of experience handling wrongful death cases. We’ve successfully recovered compensation for families of victims killed because of:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
- Defective products
- Medical malpractice, and
- Other acts of negligence.
If someone else was negligent and caused your loved one’s death, you can pursue damages through a wrongful death claim.
Who Can File a Wrongful Death Lawsuit?
Only certain people will have the right to file a wrongful death lawsuit. Under Texas state law, this right is reserved for surviving:
- Children, and
If the victim has no surviving spouse, child, or parent, or if those individuals fail to file a claim within three months of death, an executor of the victim’s estate can initiate a claim.
When Do I Have to File a Wrongful Death Lawsuit?
The sudden death of a loved one can be devastating. You may find that you lose interest in things you once loved. It can be hard to get up and live your life. Even small tasks can be hard to accomplish. Despite this, you’ll have to take action fairly quickly if you want to recover compensation from the person responsible for your loved one’s death. The state limits the amount of time you have to file a claim.
The statute of limitations for wrongful death claims in Texas is two years. So, you’ll have two years from the date of your loved one’s death to file a lawsuit. It’s the date of your loved one’s death, and not necessarily the date of the accident, that matters. You will lose the right to obtain a financial award if you wait too long to initiate your claim.
Protect your rights and increase the odds of getting the money you deserve by calling an Austin wrongful death lawyer at Lorenz & Lorenz, LLP for help. We’re here for you in your time of need.
What Damages Are Available in a Wrongful Death Case?
Losing a loved one doesn’t just cause emotional distress and suffering. It can also create a financial nightmare. Without the victim’s income and support, families are often left wondering how they’ll make ends meet. Fortunately, families can recover compensation from the responsible person to ease these troubles.
Family members may be able to recover monetary damages to compensate for:
- Funeral and burial costs
- Medical expenses incurred after the accident and before death
- Lost value of income and benefits
- Lost value of services or goods
- Loss of inheritance
- Mental anguish
- Pain and suffering
- Loss of companionship, love, guidance, and training, and
- Loss of consortium.
Punitive damages might be available if the negligent party acted with willful or gross negligence.
What If My Loved One Contributed to the Fatal Accident?
There are times when a victim will contribute to the accident that causes his or her own death. Does this mean families can’t file a wrongful death claim and recover compensation? Not necessarily. Texas is a modified comparative negligence state. This means:
- Fault doesn’t automatically bar you from a financial recovery, and
- More than one person can be liable for an accident.
Families are entitled to compensation as long as the victim is not more than 50 percent responsible for his or her fatal injuries. If the victim does share fault, the family’s financial award will be reduced. For example, if the victim shares 30 percent of the blame for a fatal accident, the family’s financial award will be reduced by 30 percent.
Get Help From an Austin Wrong Death Lawyer at Lorenz & Lorenz, LLP
You’re dealing with a devastating loss. You shouldn’t have to try to navigate a complex legal claim by yourself. Hiring an attorney can give you time to grieve while also putting you in the best position to maximize your financial award. At Lorenz & Lorenz, our attorneys know how important a wrongful death recovery can be. We’ll fight to hold the person who has caused you to suffer responsible for what they’ve done.
Contact our Austin law firm to schedule a free, no-obligation case assessment. When you call, we’ll discuss your options and do our best to answer the questions you have. You have a limited amount of time to act, so take the time to call our wrongful death lawyers for help today.