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. An Austin wrongful death lawyer from Lorenz & Lorenz can help you pursue compensation and protect your rights.
However, holding the responsible party accountable can provide your family with the financial support needed to move forward. Our legal team can investigate what happened, explain your family’s rights, and handle the claim while you focus on the people who need you most.
Call Lorenz & Lorenz at (512) 477-7333 or contact us through our online form for a free consultation with an Austin wrongful death attorney.
Why Choose Lorenz & Lorenz for Your Austin Wrongful Death Claim
At Lorenz & Lorenz, we treat our clients like family because you are our top priority. We focus 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’re available to speak with you 24/7.
- If your family can’t come to our office, we’ll come to you.
- We offer free consultations.
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 Texas, a wrongful death occurs when an injury causes a person’s death and the injury was caused by another person or a company’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
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 can be evidence of 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, 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?
Texas law allows the surviving spouse, children, and parents of the deceased person to bring a wrongful death claim. These individuals are often referred to as “statutory beneficiaries.”
If none of these family members file a claim within three months of the death, the executor or administrator of the estate must generally file the action unless all eligible family members ask them not to. Siblings and grandparents are not included among the family members authorized to bring a Texas wrongful death action.
Our Austin wrongful death attorneys 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
Wrongful death claims in Austin can arise from fatal car, truck, motorcycle, pedestrian, rideshare, and drunk driving accidents. When these accidents are caused by another person’s poor choices, the family left behind may have the right to pursue a wrongful death claim.
Car accidents often lead to wrongful death claims in Austin, and the reason is simply how much force is involved when two vehicles meet at highway speed. Fatal accidents occur on major thoroughfares like I-35, Highway 183, and Loop 360.
Commercial truck accidents often result in fatal injuries for the same reason, only more so — a loaded 18-wheeler can weigh many times more than a passenger car does.
At Lorenz & Lorenz, we handle cases involving a wide variety of fatal incidents, including:
- Car crashes
- Truck accidents
- Motorcycle collisions
- Pedestrian accidents
- Rideshare crashes
- 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.
What Damages Are Available in an Austin Wrongful Death Lawsuit?
A Texas wrongful death lawsuit can seek compensation for the financial and personal losses eligible family members suffer because of their loved one’s death. When you work with our Austin wrongful death attorneys, we’ll help you calculate the damages, which 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 that the person provided to the family.
- Loss of household services that the person would have provided.
Non-economic damages are more personal and deal with the emotional impact of the loss. These include loss of companionship, love, and comfort. Mental anguish can also be recoverable. While these losses don’t have a receipt or a price tag, they are often the most significant part of a wrongful death claim.
In some cases, exemplary damages (also known as punitive damages) may be available when the legal requirements are met, including when a death was caused by a willful act or omission or gross negligence.
Our results include a $1 million wrongful death recovery and a $200,000 outcome. Past results don’t guarantee a similar outcome, but they show the types of serious cases our firm has handled.
Our team at Lorenz & Lorenz works to ensure that every type of loss your family has experienced is recognized and valued correctly. This comprehensive approach helps us pursue compensation that reflects the full impact of your loss.
How Long Do You Have to File a Wrongful Death Claim in Texas?
In most Texas wrongful death cases, you have two years from the date of your loved one’s death to file a lawsuit. Texas law provides that an action for an injury resulting in death generally accrues on the date the injured person dies.
If you miss this window, you could lose your right to seek compensation. Limited exceptions can affect the deadline in some cases. Since investigating a fatal accident takes time—collecting available video footage, interviewing witnesses, and examining vehicle data—it’s best to start the process as soon as you feel ready.
Starting the process early also helps preserve evidence that might otherwise disappear. Our Austin wrongful death attorneys at Lorenz & Lorenz 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 Lorenz & Lorenz Handles an Austin Wrongful Death Claim
We build an Austin wrongful death claim by gathering evidence, identifying who was responsible, and handling the insurance company on your family’s behalf. When you hire an Austin wrongful death attorney from Lorenz & Lorenz, we begin investigating what happened instead of relying only on the initial police report.
Our work can include:
- 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 when they are relevant and legally available.
- Reviewing maintenance records for vehicles or safety logs for companies.
- Working with accident reconstructionists to recreate the crash scene.
That evidence helps us build a clearer picture of what happened and puts your family in a stronger position when dealing with the insurance company. Insurers have a financial interest in limiting what they pay, and they may dispute fault, minimize losses, or push for a quick settlement before the full impact of the death is clear.
At Lorenz & Lorenz, we handle those communications and negotiations for you. We present the evidence supporting your claim, respond to the insurer’s arguments, and work to pursue compensation that reflects your family’s losses. If the insurance company will not agree to a fair resolution, we are prepared to take the case further.
Your family shouldn’t have to manage an insurance claim alone after losing someone because of another party’s negligence. We handle the legal pressure so you can focus on your family.
FAQ for Austin Wrongful Death Lawyers
What Happens if the Person Responsible for the Death Is Also Facing Criminal Charges?
A criminal case doesn’t prevent your family from pursuing a wrongful death lawsuit. The two cases serve different purposes: prosecutors handle the criminal case, while a wrongful death claim is a civil action seeking compensation for the family’s losses.
The outcome of one case doesn’t automatically determine the outcome of the other. An Austin wrongful death lawyer can track both proceedings and determine how evidence from the criminal case may affect your civil claim.
Can I Still File a Claim if My Loved One Was Partially at Fault for the Accident?
Your family may still be able to recover compensation if your loved one shared responsibility for the accident. Texas uses a proportionate responsibility system, which can reduce recoverable damages based on the percentage of responsibility assigned to the claimant. A claimant generally can’t recover if that percentage is greater than 50%.
Since insurers may try to place more responsibility on the person who died, evidence showing how the accident happened can become especially important.
What if the Person Who Died Didn’t Have a Will?
A will is not required for eligible family members to bring a Texas wrongful death claim. The right to bring the claim comes from Texas wrongful death law, which identifies the surviving spouse, children, and parents as the beneficiaries.
A will can still matter for separate estate and survival issues, so our attorneys can identify which claims belong to the family and which may belong to the estate.
How Long Do Austin Wrongful Death Lawyers Have to File a Claim for My Family?
Texas families generally have two years to file a wrongful death claim, measured from the date of death rather than the date of the crash. Those two dates are not always the same, and when a loved one survives in the hospital for weeks or months after a collision, the later date is the one that starts the clock.
Limited exceptions can affect the deadline in some cases, so it is important not to assume additional time applies. Your Austin wrongful death lawyers can confirm exactly which date applies to your family’s situation.
Does a Wrongful Death Claim Cover a Fatal Crash Caused by a Commercial Driver?
A fatal commercial vehicle crash can lead to a wrongful death claim against the driver, the company, or both. When someone dies in a crash with a delivery van, a work truck, or an 18-wheeler, the company that employed the driver may face liability based on the driver’s conduct or its own actions involving matters such as hiring, training, or scheduling.
Contact an Austin Wrongful Death Lawyer at Lorenz & Lorenz, Today
If you have lost a family member because of someone else’s negligence, an Austin wrongful death lawyer can investigate what happened, explain your family’s rights, and handle the legal process on your behalf. Lorenz & Lorenz is 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 pursue the compensation and accountability you deserve.
Call Lorenz & Lorenz at (512) 477-7333 or contact us online for a free consultation.