Wrongful Death Attorney in Austin, TX

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Austin Wrongful Death Lawyer

Wrongful Death Lawsuit in Texas

There is nothing more difficult than dealing with the loss of a loved one. When your loved one’s death resulted from someone else’s negligent or wrongful conduct, you need answers, and you deserve justice.

At Chris Morrow Law, PLLC, we represent individuals and families throughout the Austin area who are facing unimaginable tragedy. Chris Morrow is dedicated to being the advocate you and your family need. While no amount of financial compensation can ever negate the loss you have suffered, a successful wrongful death lawsuit can provide you with much-needed closure, as well as the resources you need to heal.

On This Page:

What Is a Wrongful Death in Texas?

In Texas, “wrongful death” is defined as any death caused by “[a] wrongful act, neglect, carelessness, unskillfulness, or default” (Texas Statutes section 71.001). Essentially, when a person would have had grounds to file a personal injury lawsuit had he or she lived, his or her death is classified as “wrongful.”

Wrongful deaths frequently arise from a variety of accidents and other harmful events, including but not limited to:

If you believe your loved one died due to someone else’s negligent or wrongful conduct, reach out to our firm to learn how our Austin wrongful death lawyer can help you and your family.

How Long Do You Have to File a Wrongful Death Lawsuit in Texas?

Like other types of personal injury claims, wrongful death lawsuits are subject to a statute of limitations in Texas. This means you have a specific deadline by which you must bring a wrongful death action; if you fail to file a lawsuit within the specified timeline, you will nearly always be prohibited from recovering wrongful death damages.

The statute of limitations for wrongful death cases in Texas is two years. This means you have two years from the date of death to file your claim. There are very few exceptions to this rule—do not wait until it is too late to contact an attorney for help with your wrongful death case.

How Our Wrongful Death Attorney in Austin, TX Can Help

Dealing with the unexpected loss of a family member is an overwhelming process. As your wrongful death attorney, Chris Morrow understands that taking legal action may be the last thing on your mind. In fact, he believes that you should focus on other things, like spending time with your loved ones and healing.

He also believes that you—and your loved one—deserve justice. When you trust your case to our firm, you can have peace of mind knowing that our wrongful death attorney in Austin will handle every last legal detail, allowing you to dedicate your energy to navigate the grieving process. He will do everything necessary to investigate the accident or incident that caused your loved one’s death, evaluate the full impact of your loss on your life, and aggressively negotiate for the maximum compensation you are owed. When you turn to Attorney Chris Morrow, he will be there for you every step of the way.

We provide free, private consultations in person and over the phone and assist clients in both English and Spanish. We also offer contingency fees, meaning you do not owe any upfront or out-of-pocket expenses when you work with our firm. Instead, we only collect attorney’s fees if we successfully recover compensation on your behalf.

Who Can File a Wrongful Death Claim in Texas?

In Texas, only certain individuals are eligible to file a wrongful death claim. Additionally, certain individuals are given priority, meaning they have the right to bring a claim before other eligible individuals.

Within the first three months after the deceased’s death, the following individuals are given priority to bring a wrongful death claim:

  • The deceased’s surviving spouse
  • The deceased’s surviving child/children (including adult and adopted children)
  • The deceased’s surviving parent(s) (including adoptive parents)

The deceased’s surviving spouse, children, and/or parents may file the claim individually or together. If none of them file a claim within three months, however, the personal representative or executor of the deceased’s estate may bring the wrongful death claim.

Additionally, in Texas, a surviving family member is permitted to specifically request that no wrongful death claim be filed. This prevents the personal representative or executor of the deceased’s estate from bringing a wrongful death action if no previous action has been brought by the deceased’s surviving spouse, child, or parent.

What Damages Can Be Recovered in a Wrongful Death Lawsuit?

Wrongful death lawsuits are different from criminal proceedings that may or may not occur against the person or party that caused the death. In a civil wrongful death claim, eligible surviving family members can recover financial compensation for the various losses they have suffered due to their loved one’s death.

In Texas, you may be able to recover the following damages in a wrongful death lawsuit:

  • Medical costs associated with the deceased final treatment and care
  • Funeral/burial expenses
  • The value of support and services provided by the deceased
  • Lost income/earning capacity
  • Lost inheritance, including expected future earnings
  • Mental and emotional pain, suffering, and anguish
  • Loss of love, comfort, companionship, guidance, counsel, and society

Generally speaking, the purpose of a wrongful death lawsuit is to compensate surviving family members—not to punish the at-fault party. However, it may be possible in some cases to seek exemplary damages (also known as “punitive damages”), which are awarded when the defendant is found to have caused the death through gross negligence or a willful act or omission.

Let Chris Morrow Help You!

At Chris Morrow Law, we work for you and we won’t stop until you get the compensation you deserve.

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