Wrongful Death Austin Trial Lawyers

Leander Wrongful Death Lawyer

Guidance for Families After a Preventable Death

When a person dies because of another party's wrongful act, negligence, carelessness, or other legally actionable conduct, Texas law may allow certain surviving family members to bring a wrongful death claim.

At Smith & Vinson Law Firm, our trial lawyers represent families facing serious personal injury and wrongful death matters throughout Central Texas. We investigate what happened, identify the individuals or businesses that may be legally responsible, preserve available evidence, and prepare claims for negotiation or litigation based on the facts.

A wrongful death case cannot undo the loss. Its legal purpose is to hold responsible parties accountable and address the financial and personal losses Texas law recognizes for surviving family members.

If you’ve lost a family member due to someone else’s actions, call Smith & Vinson Law Firm today at (512) 359-3743 or use our contact form to schedule a free consultation.

Who Can File a Wrongful Death Claim in Texas?

Texas Civil Practice and Remedies Code Chapter 71 limits wrongful death claims to specific family members.

The statutory beneficiaries are:

The surviving spouse
The deceased person's children
The deceased person's parents

One or more of those beneficiaries may bring the action for the benefit of all eligible beneficiaries.

Siblings, grandparents, and other extended family members are not included among the beneficiaries authorized by the Texas Wrongful Death Act, even when they had a close relationship with the person who died.

Our broader Leander personal injury practice also handles serious injury matters that may involve related liability issues before or after a death.

What Happens If the Family Does Not File the Claim?

Texas law contains a specific rule for situations in which the surviving spouse, children, or parents do not begin the wrongful death action.

If none of the eligible beneficiaries has filed within three calendar months after the death, the executor or administrator of the deceased person's estate generally must bring and prosecute the action unless all eligible beneficiaries request that the representative not do so.

That three-calendar-month rule should not be confused with the statute of limitations. It governs who may be responsible for bringing the action after the initial period. The separate limitations period determines how long there is to file the lawsuit.

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

Texas law generally requires a wrongful death lawsuit to be filed within two years after the date of death.

Specific exceptions can affect the calculation in some circumstances, so families should not assume that every deadline can safely be determined without reviewing the facts.

There is also a practical reason to investigate early. Records can be lost, surveillance footage overwritten, vehicles repaired, witnesses become harder to locate, and other evidence can change long before the legal deadline expires.

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Wrongful Death and Survival Claims Are Different

Texas law recognizes wrongful death and survival claims as distinct causes of action, even though both may arise from the same fatal incident.

A wrongful death claim addresses losses suffered by the deceased person's surviving spouse, children, and parents because of the death.

A survival claim preserves certain legal claims that the deceased person could have pursued if they had lived. Those claims pass to the heirs, legal representatives, or estate.

This distinction matters when evaluating damages. Medical expenses incurred before death, the deceased person's conscious pain or suffering before death, and certain other losses involving the estate may belong to a survival claim rather than to the beneficiaries' wrongful death damages.

Both claims may sometimes be pursued in the same lawsuit, but they compensate different legal injuries.

What Damages Can Wrongful Death Beneficiaries Recover?

Texas wrongful death damages focus on how the death affected the statutory beneficiaries.

Depending on the evidence and the relationship involved, recoverable damages may include:

Pecuniary Loss

Pecuniary loss can include the care, maintenance, support, services, advice, counsel, and financial contributions the beneficiary would reasonably have received from the deceased person.

Loss of Companionship and Society

This addresses the loss of the love, comfort, companionship, and positive benefits that flowed from the family relationship.

Mental Anguish

Mental anguish damages address the emotional pain and suffering experienced because of the family member's death.

Loss of Inheritance

A beneficiary may also seek the present value of what the deceased person, in reasonable probability, would have accumulated and left to the beneficiary had the premature death not occurred.

The availability and value of these damages depend on the evidence. There is no fixed formula that determines what a particular family's loss is worth.

Can Exemplary Damages Be Available?

Texas law also permits exemplary damages in qualifying wrongful death cases when the death is caused by a willful act or omission or by gross negligence.

Exemplary damages serve a different purpose from compensatory damages. They are intended to punish particularly culpable conduct rather than compensate beneficiaries for a specific economic or emotional loss.

Texas imposes separate statutory standards and limitations on exemplary damages, so their availability depends on the conduct alleged and the evidence supporting the claim.

Certain categories of cases, including health care liability claims, can also be subject to separate statutory limitations. The applicable damages rules therefore depend on the type of underlying claim and defendant.

A $810,000 Wrongful Death Result

Smith & Vinson's documented case results include an $810,000 wrongful death result involving the death of a young child.

According to the firm's published result, an intruder entered the family's home and attacked the child. A parent heard the struggle and attempted to intervene, but the child had already suffered catastrophic injuries. The child was transported to the hospital and later died.

The result demonstrates that the firm has handled a serious wrongful death matter involving complex and traumatic circumstances.

Past results do not determine what another claim will recover. Every wrongful death case depends on its own evidence, liability issues, available defendants, damages, and legal circumstances.

Case Dismissed Aggravated Assault w/ Deadly Weapon
Our client, a veteran with no criminal history, allegedly got into an altercation at a gas station after an argument about politics that started verbal turned physical. The client drove away before the other parties called police. Police caught up to him and arrested him, not only for the alleged altercation, but on suspicion of Driving While Intoxicated.
Case Dismissed Assault Family Violence
Our client received an arrest warrant for an alleged assault on his brother’s girlfriend. He needed the warrant cleared so that he could be considered for a job he was applying for. Our firm worked with his brother’s girlfriend and found inconsistencies between her statements and those made by our client, his brother, and another eyewitness. We challenged the State’s attorney on these inconsistencies and case was ultimately dismissed.
Cases Dismissed Aggravated Assault with a Deadly Weapon and Misdemeanor Assault With Bodily Injury
Our client was accused of attacking another man on two separate occasions, once with his hands and once with a knife in our client’s home. Our client had told the man to stay away from his family because the man had made romantic advances toward his wife, but the man persisted. Our client was charged with both misdemeanor Assault and Aggravated Assault with a Deadly Weapon.
Charges Dismissed Assault Bodily Injury Family Violence
Case Dismissed Aggravated Assault With a Deadly Weapon
Our client was charged with felony Aggravated Assault with a Deadly Weapon for allegedly pulling a boxcutter out during an altercation with another man. Our client had no prior contact with law enforcement. We thoroughly investigated the other party, and found that he had a history of violence and assault.
Case Dismissed POCS Felony
Our client was charged with a State Jail Felony while stopped for traffic violation in Williamson County. The officers searched the car and found THC oil pens. He was arrested for a felony. We found issues with the search and our investigation uncovered additional issues with the investigation. We pressed the prosecutor on these issues and, coupled with the clean UA’s we had our client take, the case was dismissed.

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FAQs About Leander Criminal Defense

If you are arrested in Leander, it is critical to remain calm and exercise your right to remain silent until you speak with an attorney. Communicating coerced or thoughtless statements under duress can jeopardize your defense. Request to contact Smith & Vinson Law Firm immediately, where our attorneys can guide you through each step. We stress the importance of understanding your rights fully, and our team will ensure that law enforcement handles your situation in accordance with legal protocols. We are available 24/7 and can offer immediate assistance.
Having a defense team familiar with Leander's local laws and court practices can significantly affect your defense strategy. Local knowledge offers insights into common prosecutorial approaches and potential community biases. Smith & Vinson Law Firm uses its understanding of local courts to anticipate and counteract possible opposing strategies effectively, adding an invaluable asset to your defense.
Following a criminal charge in Texas, the process generally involves arrest, arraignment, hearings, plea negotiations, and potentially a trial. Each stage has its own nuances, often requiring strategic navigation to obtain the best possible outcome. At Smith & Vinson Law Firm, we are experienced in every stage of this process. From organizing bail to preparing for trial, we provide comprehensive service that ensures you are supported throughout your legal challenge.
In some cases, charges can be dismissed before reaching trial through thorough investigation, identifying procedural errors, or negotiating with the prosecution. Identifying these opportunities is a critical part of the services provided by Smith & Vinson Law Firm. Our commitment to examining every detail may uncover flaws or oversights by the prosecution that can lead to charge dismissal or reduction.
Choosing the right criminal defense attorney requires evaluating their experience, reputation, and approach to handling similar charges. It's essential to select a law firm that offers personalized attention and demonstrates a comprehensive understanding of your specific legal challenges. At Smith & Vinson Law Firm, our history of client satisfaction and proven courtroom defense make us a trusted choice in Leander. We encourage potential clients to schedule a consultation to determine if our services align with their legal needs.

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“I am incredibly grateful for the care and support I have received from this law firm. After my car accident, they have treated me with respect and kindness and have exhibited genuine compassion during a very traumatic time. Jarrod took the time to explain processes clearly and was patient when answering all of my questions. Between him and his paralegal, Paloma, I have felt comfortable and informed every step of the way. I cannot thank this team enough for all they have done and continue to do during this difficult time. If you are searching for a team that will stand by you and put in the effort to reach the best possible outcome, I cannot recommend Smith & Vinson enough.”

- Mariah S.
My experience with this law firm was fantastic
“From the first call to the last, they stayed in communication with me and let me know every step of the way. The attorneys at this office and the support staff got my case dismissed with no problems. If you find yourself in a situation, I highly recommend calling this firm.!”

- Lyndsey O.
If you’re in Travis County and facing charges, I’d absolutely recommend giving this firm a call.
“Brad really takes the time to get to know your situation. He was sharp, respectful, and didn’t sugarcoat anything.”

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It’s clear they care about the people they work with, not just the legal outcome.
“I’ve worked with a few law offices over the years, but Smith and Vinson made the biggest impression. From the first time I heard and met with them, they were professional, kind, and genuinely attentive.”

- Thomas A.
Highly Recommend - Professional, Compassionate, and Responsive Team!
“I had a very positive experience working with Smith and Vinson Law Firm. Jarrod and his paralegal, Paloma, were very organized, professional, responsive, and kept me informed throughout the process. Jarrod is very knowledgeable and experienced, and I especially appreciate his thoughtful consideration and genuine compassion during a very traumatic personal injury time.
Jarrod was always accessible and prompt whenever I had questions or when matters needed attention, which made a meaningful difference throughout the process.
Everything was handled with care and attention to detail, and I would highly recommend Jarrod and his team.
”

- Ravi K.
Smith and Vinson were incredibly helpful when I needed legal advice.
“They didn’t waste time, explained everything clearly, and were super prepared. If you need a criminal defense lawyer in Austin, this is a firm you can trust!”

- Keira C.

Can There Be a Wrongful Death Case Without a Criminal Conviction?

Yes. A wrongful death claim is a civil action.

Texas law expressly provides that a wrongful death action is not barred simply because the death resulted from a felonious act or because a criminal proceeding may also exist.

The civil and criminal systems address different legal questions and use different standards of proof. A family may therefore have a civil claim even if criminal charges are never filed or a criminal prosecution does not result in a conviction.

The existence of criminal conduct also does not automatically establish civil liability against every potential defendant. Each civil claim still requires a legal basis supported by evidence.

Fatal Incidents That May Lead to Wrongful Death Claims

Wrongful death claims can arise from many different forms of actionable conduct.

Depending on the circumstances, a claim may involve:

Fatal car collisions
Commercial truck crashes
Dangerous property conditions
Negligent security allegations
Defective products
Other negligent or wrongful conduct that causes death

The underlying cause matters because different claims can involve different legal standards, defendants, insurance coverage, defenses, and procedural requirements.

For example, a fatal collision presents different liability questions from a negligent-security case or a death involving a defective product. Our attorneys evaluate the underlying cause rather than treating every wrongful death matter as the same type of lawsuit.

Call us at (512) 359-3743 or submit a message through our contact form. We’re ready to listen to what happened and tell you honestly what your family’s case may be worth.

Where Can a Leander Wrongful Death Case Be Filed?

Leander extends into both Williamson and Travis counties.

For that reason, a wrongful death lawsuit involving a Leander incident does not automatically belong in one particular Williamson County court.

The proper venue can depend on where all or a substantial part of the events occurred, where a defendant resides, where a business defendant maintains its principal office, and other Texas venue rules that may apply to the case.

If Williamson County is the proper venue, different civil courts may have jurisdiction depending on the claims and circumstances. It would be inaccurate to assume in advance that every case is assigned to the same set of district courts simply because the incident occurred in or near Leander.

The correct court should be determined from the actual facts and parties involved.

How We Prepare a Fatal-Injury Claim

Serious death cases can involve multiple sources of evidence.

Depending on what happened, an investigation may involve:

Police or incident reports
Photographs and video
Vehicle or property evidence
Medical and emergency records
Witness accounts
Insurance information
Business or maintenance records
Electronic communications
Expert analysis when justified by the facts

Our attorneys use that information to evaluate liability, identify potential defendants, understand available claims, and assess the losses Texas law permits the family or estate to pursue.

Smith & Vinson approaches serious injury litigation with trial preparation in mind rather than assuming a case will resolve through an early settlement.

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