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Wrongful Death Attorney in Austin, TX

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Austin Wrongful Death Lawyer

Wrongful Death Lawsuit in Texas

Welcome to Chris Morrow Law, PLLC – the firm where experience meets dedication in pursuit of justice. For nearly three decades, we have fought tirelessly for the rights of injured Texans, providing dedicated guidance, robust representation, and a true understanding of our clients’ difficulties. Our unwavering commitment and record of success have made us a trusted choice among Austin wrongful death lawyers.

A “wrongful death” in Texas is a fatality caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity, according to Texas law. When such tragedies occur, surviving family members are often left grappling with unimaginable grief and sudden, unexpected financial burdens. This is where a wrongful death claim comes in – it provides a legal pathway for the bereaved to seek compensation for their loss.

Navigating the complexities of a wrongful death claim process can be challenging, particularly when you’re dealing with the emotional trauma of losing a loved one. At this difficult time, having a dedicated and experienced wrongful death attorney on your side can make all the difference, ensuring that your rights are protected and that you have the best possible chance of securing the compensation you deserve.

We understand the gravity of what you’re going through, which is why at Chris Morrow Law, PLLC, we handle your case with the utmost empathy and professionalism. We operate on a no-win, no-fee basis – meaning we don’t get paid unless we win your case. Furthermore, we offer free and confidential consultations.

Call us today at 512-520-8100.

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What Is a Wrongful Death in Texas?

In the realm of personal injury law, a wrongful death is defined as one that occurs due to the negligence, wrongful act, or default of another. This essentially means that if a person dies directly due to someone else’s recklessness, intentional actions, or failure to act responsibly, the incident can form the basis of a wrongful death claim.

The individual responsible for the wrongful death may be held accountable for their actions through civil litigation, regardless of whether they are facing criminal charges for the same act. It’s important to note that a wrongful death claim is separate from any criminal proceedings and follows a different set of legal standards.

Wrongful death can occur in a range of scenarios, including but not limited to:

  • Motor Vehicle Accidents Car, motorcycle, truck, and other motor vehicle accidents caused by another’s negligence or reckless behavior often result in wrongful death claims.
  • Workplace Accidents If an employer’s negligence leads to fatal accidents at work, it could be grounds for a wrongful death suit.
  • Gross Negligence – Situations where someone’s extreme carelessness or disregard for the safety of others results in a fatality.

Austin, like other bustling cities, unfortunately, sees its share of wrongful death cases. From traffic accidents on I-35 to workplace accidents at local construction sites, the circumstances are as varied as they are tragic. As experienced Austin wrongful death attorneys, we at Chris Morrow Law, PLLC, have handled a wide array of such cases, helping distressed family members navigate through their most challenging times.

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.

Why Do I Need an Austin Wrongful Death Lawyer?

In the aftermath of a loved one’s death, the idea of legal proceedings can seem daunting. Having a wrongful death attorney is crucial in this emotionally charged period. They can guide you through the complex legal landscape, ensuring all necessary steps are taken promptly and correctly. An experienced lawyer possesses local knowledge and understands the unique aspects of Texas law that can influence your case.

An experienced wrongful death attorney is also essential for dealing with insurance companies. These companies often aim to minimize payouts, and a knowledgeable lawyer can help you navigate their tactics, ensuring you get the compensation you rightfully deserve.

The Role of Austin Wrongful Death Attorneys

A wrongful death lawyer serves a vital role in representing the interests of the deceased and their surviving family members. This responsibility involves several key tasks:

  • Assisting Family Members – Wrongful death lawyers serve as a vital support system for family members grappling with their loss. They guide the family through the intricacies of the legal process, answering their questions, and addressing their concerns along the way. They strive to ensure the family understands their rights and options and work to secure the compensation they deserve to help with medical expenses, funeral costs, loss of income, and other associated damages.
  • Investigation – The attorney thoroughly investigates the circumstances of the death, collecting the necessary evidence to build a robust case against the responsible party.
  • Negotiation – Most wrongful death cases involve negotiations with insurance companies, who may attempt to limit their liability. An experienced lawyer can effectively counter these tactics and work towards achieving a fair settlement.
  • Litigation – The case may go to trial if a fair settlement can’t be reached through negotiation. The lawyer presents the case before the court, arguing passionately for the rights and interests of the bereaved family members.

Compensation in Wrongful Death Cases

In a wrongful death case, the surviving family members can seek compensation for several types of losses:

  • Economic Damages – These include expenses related to the incident including medical expenses, funeral and burial expenses, loss of income, and loss of potential earnings. Medical expenses, often substantial in cases of wrongful death, form a major part of the claim. This includes the costs of emergency care, hospital stays, surgeries, and any other medical treatment the deceased received before their death.
  • Non-Economic Damages – Compensation for the pain and suffering of the deceased before they died and the emotional distress suffered by the family members. Non-economic damages, such as emotional distress, loss of companionship, and pain and suffering, can also be significant.
  • Punitive Damages – In cases of gross negligence, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.

Experienced Austin wrongful death lawyers play a crucial role in helping the family recover financial compensation. They work tirelessly to build a strong case, negotiating with insurance companies and representing the family’s interests in court. Their aim is to ensure the family receives the maximum compensation possible.

Why Choose Chris Morrow Law, PLLC?

At Chris Morrow Law, PLLC, we are committed to seeking justice for those who have lost a loved one due to someone else’s wrongful act. With over 25 years of experience in personal injury law, Chris Morrow provides an unparalleled combination of knowledge, dedication, and personal care. As a local Austin wrongful death attorney, Chris understands the nuances of Texas law and uses this experience to build a compelling case for his clients.

Proven Track Record of Success

Chris Morrow Law, PLLC has a proven track record of success in handling wrongful death cases. We have consistently helped our clients recover the financial compensation they need to cope with the devastating aftermath of losing a loved one.

Chris Morrow: The “Attorney That Works”

Chris Morrow has built his reputation as the “Attorney That Works.” His relentless dedication, meticulous attention to detail, and deep empathy for his clients’ situations all contribute to his success. When you choose Chris Morrow Law, PLLC, you can rest assured that your case is in the hands of a seasoned attorney who genuinely cares about your cause and will fight tirelessly for your rights.

No-Win-No-Fee Structure

At Chris Morrow Law, PLLC, we believe that all personal injury victims in Austin deserve access to high-quality legal representation. That is why we offer a free consultation and work on a no-win-no-fee basis. You only pay if your case is successful, as a percentage of your settlement. If your case does not succeed, then we will not receive anything.

Austin Wrongful Death FAQs

Texas law does not generally place a cap on the amount of compensation that can be awarded in a wrongful death lawsuit. However, the exact amount varies from case to case, depending on the specific circumstances.

The duration of a wrongful death lawsuit can vary widely, depending on the specifics of the case, the parties involved, and the legal process. It could take anywhere from a few months to a few years. An experienced wrongful death attorney can provide a more precise timeline based on the details of your case.

A wrongful death claim is brought by the surviving family members for their own losses due to the death of a loved one, such as loss of companionship or financial support. A survival action, on the other hand, is brought by the estate of the deceased for the pain and suffering the deceased experienced before death and for the financial losses related to the death.

In Texas, only certain family members – specifically, the spouse, children, and parents of the deceased – have the legal standing to file a wrongful death claim. However, the executor or personal representative of the deceased’s estate can file a survival action if the family does not file a wrongful death claim within three months of the death.

Yes, a wrongful death claim can be filed if the death resulted from a work-related accident. However, this often involves navigating both the workers’ compensation system and the civil court system, which can be complex. Having an experienced wrongful death attorney by your side can be invaluable in such cases.

Punitive damages, which are meant to punish the negligent party and deter similar behavior in the future, are not awarded in every wrongful death lawsuit. They are typically reserved for cases where the defendant’s actions were particularly reckless or egregious. It ultimately depends on the specific circumstances of each case. An attorney like Chris Morrow can advise you on whether punitive damages may be a possibility in your case.

Chris Morrow Law, PLLC can offer comprehensive legal support in a wrongful death case. This includes conducting a thorough investigation, identifying liable parties, negotiating with insurance companies, and representing you in court, if necessary. With their experience, dedication, and understanding of Texas law, they can help you seek the justice you deserve.

Trust the Experience of a Wrongful Death Attorney

When faced with the devastating loss of a loved one due to someone else’s negligence, turning to an experienced wrongful death attorney like Chris Morrow can make all the difference. With a deep understanding of Texas law and a commitment to fighting for the rights of the bereaved, we provide the experience and compassion you need in this challenging time.

Wrongful deaths can bring immense trauma and loss. At Chris Morrow Law, PLLC, we understand this deep pain. Our goal is to shoulder the legal burdens, so you can focus on healing and remembering your loved one.

We focus on your case, so you can focus on healing. Our team works tirelessly to gather evidence, consult with experts, and build a case that seeks the highest compensation for you and your family.

Begin your journey toward justice today. Contact Chris Morrow Law, PLLC, for a free, confidential consultation. We are here to guide you through this difficult time, providing the legal guidance and emotional support you need.

Call us at 512-520-8100 for a free consultation today.

Who Can File a Wrongful Death Claim in Texas?

Under Texas law, a wrongful death claim can be filed by specific individuals closely related to the deceased. The process begins when the wrongful death is identified, and the claim must typically be filed within two years of the person’s death.

The immediate family members of the deceased are often the ones most directly affected by the loss, both emotionally and financially.

In Texas, the following family members are eligible to file a wrongful death claim:

  • Spouses – A surviving spouse can file a wrongful death claim, whether the marriage was formal or common-law.
  • Children – Both minor and adult children can file a wrongful death claim for the loss of a parent.
  • Parents – The parents of a deceased minor or adult child can also bring a wrongful death action.

It’s important to note that siblings are not allowed to file wrongful death claims in Texas, regardless of whether they are related by full or half blood.

The Legal Standing of the Surviving Spouse

Texas law provides a unique position for the surviving spouse in wrongful death actions. If a spouse chooses to file a wrongful death claim, they may do so on behalf of themselves and other surviving family members. This means they can seek compensation not only for their personal loss but also for the losses suffered by the deceased’s children or parents.

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.

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