Did you lose a loved one in a fatal accident in Austin, TX? Our team at Heaton McLean Personal Injury Lawyers can help you fight for compensation. Call (512) 503-4878 to schedule a free consultation with an experienced Austin wrongful death lawyer today.
Between us, our attorneys have over 32 years of combined experience helping grieving families fight for justice. Our Austin personal injury attorneys have successfully recovered millions of dollars for our efforts.
Your family may deserve compensation for lost financial support, medical bills, and loss of your loved one’s company and guidance. We’re prepared to help you hold the responsible parties accountable. Call our law offices in Austin, Texas, to learn more about legal representation today.
Why Choose Heaton McLean Personal Injury Lawyers to Handle a Wrongful Death Claim in Austin?
Insurance companies and negligent parties never want to pay the compensation victims deserve. That’s even more true in wrongful death cases, where families have experienced the most painful loss possible.
Our Austin personal injury lawyers are prepared to put our experience to work for you. When you hire Heaton McLean Personal Injury Lawyers, you benefit from attorneys who have been recognized as “Super Lawyers” and “Rising Stars” for our success.
When you hire our Austin wrongful death attorneys, you won’t have to handle this painful fight alone. You’ll have an award-winning legal team in your corner. To learn more about the benefits of hiring an attorney to handle your case, call us for a free case review today.
What Is a Wrongful Death in Texas?
Under Texas law, a wrongful death is any death caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another.
In plain English, Texas wrongful death laws allow surviving parties to seek compensation. That right arises any time a death is caused by another party’s careless, reckless, or intentional actions.
Texas state laws govern who can file a lawsuit, what damages they can seek and the time limits that apply.
How Are Wrongful Death Lawsuits in Texas Handled?
Most of the time, wrongful death claims aren’t meant to punish a defendant. They’re designed to compensate families for accidental deaths. Survivors can file a claim for compensation, much like in a personal injury case.
Under Texas law, certain parties have the right to sue for damages after a fatal injury.
In order of priority, the following parties can typically seek compensation:
- The victim’s surviving spouse
- Children, including biological and adoptive children
- The victim’s parents
- The victim’s personal representative, who distributes the compensation according to the victim’s will or Texas intestate laws
Wrongful death cases are civil matters that are decided in civil court. Often, a settlement can be negotiated with insurance.
That said, criminal charges may also apply, depending on the circumstances of your loved one’s death. When criminal charges are brought, they’re completely separate from your family’s wrongful death claim.
What Is My Austin Wrongful Death Case Worth?
No amount of money can ever truly make up for the loss of a loved one. Still, it’s important to know what you’re getting into. No two cases are identical, so it’s difficult to estimate how much your case is worth without evaluating the facts.
When calculating your case value, our lawyers will weigh a number of factors, including:
- The circumstances of your loved one’s death
- Your loved one’s age at the time of death
- How your loved one contributed to the household, both financially and otherwise
- Your loved one’s earning potential at the time of death
- The victim’s surviving dependents, considering a spouse and young children’s losses
- Your family’s suffering, grief, and non-financial losses
- The nature of the at-fault party’s actions
- Whether shared fault is an issue
For most survivors of fatal accident victims, an insurance claim is the first step. Dealing with insurance is rarely a pleasant experience. Our lawyers can handle the negotiations on your behalf. Once we understand the facts, we can give you a better understanding of how much your case is worth.
What Types of Damages Are Available By Filing a Wrongful Death Lawsuit in Austin?
Any loss your family has suffered should be accounted for. The nature of your damages will therefore depend on your unique experience.
Both economic damages and non-economic damages may be available, including:
- The medical expenses your family incurred between the date of injury and the date of death
- Lost financial support
- Lost employment benefits, including retirement and health benefits
- Loss of anticipated inheritance
- The value of household services and childcare provided by the victim
- Loss of your loved one’s care, companionship, support, and guidance
- Funeral expenses
- Burial costs
Punitive damages in Texas are rare. Punitive damages punish defendants for intentional wrongdoing or extremely reckless behavior. As such, they’re reserved for the worst cases where a defendant intentionally harmed your loved one or acted with reckless indifference to their safety.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Texas?
You can hire Heaton McLean Personal Injury Lawyers on a contingency fee basis. Before you hire our law firm, you’ll agree to pay a percentage of any settlement or verdict that we recover. If we don’t recover compensation, you won’t be responsible for attorneys’ fees.
Losing a loved one can create significant financial turmoil, in addition to your emotional suffering. Legal bills shouldn’t add to the burden. We can answer any questions about this payment structure during a free consultation.
Can I Recover Damages for Wrongful Death if My Loved One Has Been Blamed for a Fatal Accident in Texas?
Texas’s modified comparative negligence laws can impact wrongful death cases. If the defense can prove that your loved one was more than 50% responsible, your family typically cannot recover damages.
Assuming the defense can prove your loved one shared some fault—but less than 51%—your family’s damages may be reduced by their percentage of fault.
Victim-blaming can have a significant impact on your family’s ability to recover fair compensation. You may not fully understand the circumstances that led to your loved one’s death. When in doubt, hire an attorney who can help you fight against unfair allegations that your loved one caused their own death.
What Causes Most Wrongful Deaths in Austin?
Austin sees too many wrongful deaths. These cases are even more heartbreaking if your loss may have been entirely preventable.
Some common causes of wrongful deaths include:
- Car accidents, including those caused by speeding, distracted drivers, and drunk drivers
- Slip and fall accidents
- Dangerous property conditions and matters of premises liability
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Construction accidents
- Workplace accidents
- Defective products, under Texas product liability laws
- Medical malpractice
- Nursing home abuse and neglect
- Firearm violence and assault
Each wrongful death case has its own set of facts and legal challenges. As a survivor mourning the loss of a loved one, you deserve to know why your loss occurred and who is responsible.
Our Texas wrongful death attorneys can help with any challenges you face. After the tragic loss of a loved one, call our team to arrange a free case review today.
How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
Strict time limits apply in wrongful death cases. Survivors lose their right to pursue compensation if they allow the statute of limitations to expire.
Under Texas law, surviving families generally have two years to file a wrongful death lawsuit. The two-year clock starts to run on the date of your loved one’s death.
How Common Are Fatal Accidents in Texas?
Deadly accidents are unfortunately common in Texas. Motor vehicle accidents are a top cause of injury-related death in Texas.
In 2024 alone, 4,150 people died in traffic accidents across the state of Texas. That number includes 768 pedestrian deaths and 78 bicyclist fatalities. In Austin alone, 98 people died in motor vehicle crashes in 2024.
How Do I Prove My Family Deserves Compensation for Wrongful Death in Texas?
You must establish liability to recover compensation for wrongful death. As is the case for personal injury victims, most survivors must prove negligence.
Negligence is the failure to exercise a proper level of caution under the circumstances. It is similar to carelessness.
The four elements of a negligence-backed lawsuit include:
- A duty of care existed.
- A breach of that duty occurred.
- The breach caused someone’s death.
- Damages can be established as a result.
Our attorneys in Austin have the resources to conduct a detailed investigation. Count on our team to uncover any evidence that can be used to prove your family’s case.
Contact Our Austin Wrongful Death Lawyers for a Free Consultation
Losing a loved one is always an incredibly painful experience. Navigating the complexities of a wrongful death case can seem impossible on top of everything else. Our team at Heaton McLean Personal Injury Lawyers is prepared to handle the legal and insurance issues.
Call us today to learn how an experienced Austin wrongful death lawyer can help your family get the money you deserve.