Austin Wrongful Death Lawyer

Texas law on wrongful death

The Texas wrongful death laws are located under Chapter 71 of the Texas Civil Practice and Remedies Code . These statutes outline who can file claims, what damages may be recovered, and the timeframes within which claims must be filed. The statutory language serves two primary purposes: to compensate close family members for their losses and to deter similar conduct by others in the future.

In order to successfully prove a wrongful death claim, you and your attorney must establish the following.

1. The deceased was owed a duty of care by the defendant. 
2. That duty was breached through negligence, recklessness, or intentional misconduct.
3. The wrongful death was caused by this breach of duty. 
4. The surviving family of the deceased has suffered damages as a result of this wrongful death. 

The statute of limitations for filing a wrongful death lawsuit in Texas is generally two years from the date of death — but there are exceptions that might extend or shrink this window, which is why it’s essential to meet with an experienced Austin personal injury attorney as soon as possible. 

Are wrongful death cases hard to win?

Yes. Wrongful death cases are hard to win. Why? They present unique challenges that require specialized knowledge and experience, and are often fought against large teams of attorneys with significant resources at their disposal. Wrongful death claims tend to be more complex than normal personal injury cases for a few reasons:

• Complex liability. Many wrongful death cases involve multiple potentially responsible parties, each with their own defense teams and insurance companies.
• Extensive damage calculations. Quantifying the financial and emotional impact of a person's death, including lost future income and contributions, requires both advanced economic analysis and compelling presentation from your attorney.
• Significant opposition. Especially if insurance companies or trucking companies are involved, you can expect formidable defense teams, extensive legal research, and extended litigation.

Our attorneys have the experience and resources necessary to overcome these challenges. We work with medical experts, accident reconstruction specialists, economists, and other professionals to build powerful cases that establish liability and fully demonstrate the extent of your family's losses. 

Do most wrongful death cases settle?

The majority of wrongful death cases do settle before reaching trial, but this doesn't mean settlement is guaranteed — or is even the best option for your family. Sometimes, going to trial for what you truly deserve is worth the additional time and resources required for litigation, but only your attorney will be able to advise you on the matter. 

A few factors that will likely influence whether or not your case will settle (and for what amount) include the following:

• Strength of evidence. Cases with clear liability and well-documented damages are more likely to settle for favorable amounts, as defendants recognize the risk of a larger jury verdict.
• Insurance coverage limits. Available insurance coverage can influence settlement negotiations, particularly in cases where the defendant has limited personal assets beyond their insurance.
• Your family's goals. Some families want a faster resolution and guaranteed compensation, while others feel strongly about having their day in court and creating a public record of the wrongdoing.
• Defendant's approach. Some defendants and insurance companies are more inclined to settle than others, based on their internal policies and risk assessment.

At Smith & Vinson, we prepare every case as if it will go to trial — even if we think a settlement is reachable. Why? Opposing parties are often more likely to offer fair settlements when they know that you’re ready to go to court. When they see Smith & Vinson is representing you, they’ll know you’re prepared to go to court and fight. 

Common causes of wrongful death cases

Wrongful death cases can arise from any incident in which negligence or misconduct violates a duty of care and leads to fatal injuries. That being said, there are some more common causes of wrongful death claims in Texas.

• Motor vehicle accidents. Car, truck, and motorcycle crashes caused by distracted driving, speeding, drunk driving, or reckless behavior are a leading cause of wrongful death claims. Commercial truck accidents are particularly devastating due to the size and weight disparity between trucks and passenger vehicles.
• Medical malpractice. Fatal medical errors, including surgical mistakes, misdiagnosis, medication errors, and birth injuries, can lead to wrongful death claims against healthcare providers and facilities.
• Workplace accidents. Fatal accidents in high-risk industries like construction, manufacturing, and oil and gas extraction often support wrongful death claims, particularly with non-subscribers to worker’s compensation or when third parties are involved.
• Premises liability incidents. Property owners who fail to maintain safe conditions may be liable for deaths resulting from slip and falls, swimming pool accidents, inadequate security leading to criminal acts, or structural failures.
• Defective products. Manufacturers and distributors can be held accountable for deaths caused by dangerous or defective products, from automobiles and medical devices to household products and children's toys.
• Criminal acts. Even when criminal charges have been filed, families may pursue separate wrongful death claims against perpetrators of intentional acts like assault or homicide.

Whether you’re looking for an Austin car accident lawyer, a truck accident attorney, or a civil rights lawyer after police misconduct, if your loved one suffered injuries or tragically passed because of another’s negligence or misconduct, the attorneys at Smith & Vinson can help.

Wrongful death damages

How much you will receive from your wrongful death claim, whether you settle before or win at trial, will be determined by the calculation of the damages you’ve suffered. In Texas, surviving family members are able to seek several types of damages after the death of a loved one, divided into economic, non-economic, and exemplary damages. 

Depending on the type of accident that caused the death of your loved one, or who the responsible parties are, there may be caps imposed on how much compensation you can receive — but Texas does not impose caps on compensatory damages in most wrongful death cases.

Pursuing a wrongful death claim in Texas

The process of pursuing a wrongful death claim can be long, winding, and arduous, but it’s often much easier with a skilled attorney you can trust. The steps from consultation to settlement typically look like this:

1. Initial consultation. The process begins with a consultation in which an attorney evaluates the facts of your case.
2. Investigation. This step may include your attorney gathering police reports, medical records, witness statements, expert opinions, surveillance footage, and other evidence that establishes how the death occurred and who is liable.
3. Case filing. Your attorney will file a wrongful death petition naming all defendants and outlining the basic facts and legal theories of your case.
4. Discovery. Both sides exchange information through written questions, document requests, and depositions of witnesses, experts, and parties.
5. Settlement negotiations. Most cases involve settlement discussions, either informally or through mediation. Your attorney will present evidence of liability and damages to seek fair compensation before going to trial.
6. Trial. If the settlement offered isn’t sufficient, you’ll have to go to trial.

Most attorneys can handle your case, but few can prepare to win a trial. Make sure you hire an attorney who has experience preparing for trial, litigating tough cases, and winning them.

What to look for in an attorney for wrongful death claims

Choosing the right attorney for a wrongful death claim is one of the most important decisions you'll make during this difficult time. Consider these factors when selecting your representation:

• Experience with wrongful death cases. Look for attorneys who have specific experience handling wrongful death claims, not just general personal injury cases. Ask about their track record with cases similar to yours.
• Resources for thorough case development. Wrongful death cases require substantial resources for investigation, expert witnesses, and case preparation. Ensure the firm has the financial capacity to fully develop your case.
• Trial experience. While most cases settle, you need an attorney prepared and willing to take your case to trial if necessary. Ask about the attorney's trial experience and outcomes.
• Clear communication. Your attorney should explain complex legal concepts in understandable terms and keep you informed throughout the process.
• Personal connection. The bottom line is that you should feel comfortable with your attorney, and confident in their commitment to your case. Trust your instincts after a consultation, as your first impression of a lawyer can tell you a lot.

At Smith & Vinson, we believe in building strong relationships with our clients based on trust, respect, and open communication. Schedule a free consultation with our attorneys and put our reputation for excellence in the courtroom in your corner.