Losing a loved one is hard enough. What’s even more tragic is knowing their death was caused by the carelessness of another.
No amount of money will ever make up for your loss, but it can help with some expenses and give you a sense of justice. Regardless of the circumstances of their death, an Austin wrongful death lawyer can help.
Relevant Factors for Your Austin Wrongful Death Lawsuit
The death of a family member can provoke a deep sense of injustice for the surviving relatives. In addition, it can also cause significant economic hardship.
When a loved one dies, there are costs associated with the funeral and other legal matters. But it doesn’t stop there, however, as the income lost by the death of a loved one can also have a great impact.
If you’re considering filing an Austin personal injury claim after the death of a loved one, it’s important to understand the law surrounding this type of civil action. In particular, it’s essential to point out that not every death necessarily qualifies for a wrongful death suit.
In order for your wrongful death lawsuit to be successful in Texas, the following must be true and able to be proved:
- The death of a human being occurred
- The death was caused either by someone else’s negligence or an intention to harm
- Surviving family members and dependents suffer financial damages from the loss
- A personal representative has been appointed for the estate of the deceased
Similar to a personal injury lawsuit, proving negligence (or intent for wrongful death cases) is the cornerstone of the case.
Examples of Wrongful Death in Austin
Because wrongful death can be the result of an accident or an intentional act, the forms that it can take can also vary drastically. In some cases, a wrongful death civil suit will follow the events of a criminal trial. Some of the most common types of Austin wrongful death cases include:
- Car, truck, or motorcycle accidents
- Criminal acts, such as homicide
- Death during a supervised activity
The investigations to prove wrongful death in your loved one’s case can be different for each of the above. Beyond looking at the facts of your, the use of expert testimony or eyewitnesses may also be required. If you have any questions about investigating your case, a wrongful death lawyer in Austin can help.
Recovering Damages for Your Loved One
When someone dies from a preventable accident or action, their family is often left to suffer the consequences. In that sense, wrongful death suits exist to allow surviving family members and dependents to offset the financial impact of their loved one’s passing.
Damages should be considered fair and just compensation, and can include things such as lost financial support or services, lost potential inheritance, and medical and funeral expenses for the deceased.
A variety of factors can determine the final awarded damages in your loved one’s case. A jury might consider things including the age, occupation, earnings, health, and intelligence of your family member when considering damages. Sometimes, losing a parent can qualify dependents for special damages, such as loss of parental guidance.
Additionally, a jury could take survival damages into consideration, which are related to the deceased’s own pain, anxiety, and suffering and could increase the amount of damages.
Although it can be difficult to understand the full extent of potential damages, an experienced personal injury lawyer in Austin can help.
Timeline for Filing a Wrongful Death Claim in Texas
Receiving fair compensation in an Austin wrongful death lawsuit can help surviving family members—but you should be aware of the time limits if you’re considering taking action.
In Texas, the statute of limitations for a wrongful death lawsuit is two years. Any action taken after the statute expires will likely be thrown out, which means it’s never too soon after the death of your loved one to start preparations for your claim.
Settling your wrongful death case can take months or even years. Starting early can also give you the time you need to negotiate a fair settlement out of court.
If you’re worried about the deadline for your family’s wrongful death claim, contact a wrongful death lawyer in Austin to help you get started today.
Contact an Austin Wrongful Death Attorney Today
When a loved one passes away due to the negligence or misconduct of another, know that you have options. Gibbs & Crivelli, Slingshot Law is dedicated to fighting for the rights of wrongful death victims and their families in Austin, and we can help you get justice for your damages.
Ready to speak with an Austin wrongful death lawyer from our firm? Call 800-488-7840 to schedule your hassle-free, no-obligation consultation.