Austin Wrongful Death Lawyer When a family loses a loved one due to someone else's negligence, recklessness, or wrongful conduct, the difficulties extend far beyond emotional grief. At Smith & Vinson, we understand that no amount of financial compensation can truly heal the wounds left by an unexpected death — but pursuing justice through a wrongful death claim can provide essential relief and a form of justice during this devastating time.
Our Austin wrongful death lawyers represent families in Travis County and throughout Central Texas with compassion, dedication, and an unwavering commitment to justice. We have the experience and resources required to stand up to powerful insurance companies, trucking companies, and other liable parties, and are prepared to take your story all the way to trial.
We understand the unspeakable difficulties that follow the death of a loved one, but you don’t have to go it alone. Call Smith & Vinson 512-368-9044
Can you sue for wrongful death in Texas? Yes, Texas law explicitly permits certain family members to file a wrongful death lawsuit when a person's death results from another party's "wrongful act, neglect, carelessness, unskillfulness, or default." Under Texas law, the following family members have the legal right to pursue a wrongful death claim:
Surviving spouses Children (including adopted children and adult children) Parents (including adoptive parents) It's important to note that siblings, grandparents, and other extended family members generally cannot file wrongful death claims in Texas, regardless of how close their relationship was with the deceased.
Texas law on wrongful death The Texas wrongful death laws are located under Chapter 71 of the Texas Civil Practice and Remedies Code
In order to successfully prove a wrongful death claim, you and your attorney must establish the following.
The deceased was owed a duty of care by the defendant. That duty was breached through negligence, recklessness, or intentional misconduct. The wrongful death was caused by this breach of duty. 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
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 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.
Damage type
Common examples
Economic damages
These cover the quantifiable financial losses resulting from the death.
Lost earning capacity and income the deceased would have provided Medical expenses related to the final injury or illness Funeral and burial costs Loss of the deceased's services, maintenance, support, and care Loss of benefits like health insurance or pension plans Non-economic damages
These are intended to address the intangible emotional and psychological impacts of your loved one’s death.
Mental anguish Pain and suffering Loss of companionship, comfort, and society Loss of consortium (for spouses) Loss of parental guidance and nurturing (for children) Loss of love and emotional support Punitive damages
These are often awarded when the death resulted from gross negligence, malice, or willful conduct. These damages are designed to punish particularly egregious behavior and deter similar conduct in the future.
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:
Initial consultation. The process begins with a consultation in which an attorney evaluates the facts of your case.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.Case filing. Your attorney will file a wrongful death petition naming all defendants and outlining the basic facts and legal theories of your case.Discovery. Both sides exchange information through written questions, document requests, and depositions of witnesses, experts, and parties.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.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.
The Austin wrongful death lawyers at Smith & Vinson are here for you Losing a loved one unexpectedly is one of life's most painful experiences. While nothing can ever truly compensate for your loss, you don’t have to navigate the pain and uncertainty alone. Our Austin wrongful death lawyers approach each case with both compassion for your family's suffering and determination to hold responsible parties accountable.
If you've lost a loved one due to someone else's negligence in Austin or anywhere in Central Texas, we’re here to help. We take care of everything so that you and your family can focus on healing and honoring the memory of your loved one.
Call Smith & Vinson today at 512-368-9044 or contact us online for a free, confidential consultation. We'll listen to your story, explain your options, and help you determine the best path forward for you and your family.
