Austin Fatal Accident Attorney

If you’ve recently lost a loved one to a fatal accident in Austin, TX, the team at Loewy Law Firm extends you our sympathy. No one should have to go through what you’ve endured. However, it’s important during this difficult time to understand that you have legal rights, and that by asserting them, you can honor your loved one’s memory by getting accountability from the person whose actions led to their death and financial security for your family’s future. We want to help you do both.

Adam Loewy has been supporting families like yours since he started our firm in 2005. Over the past two decades, he has recovered millions of dollars in compensation for clients in a wide range of accident-related personal injury cases. His success on behalf of his clients and his city has earned him ongoing recognition as a Texas Super Lawyer and the David H. Walter Community Excellence Award from the Austin Bar Association.

Contact us at (512) 280-0800 today for a confidential consultation. The consult is free and if we take your case, you’ll pay nothing unless we recover compensation.

How an Austin Fatal Accident Attorney Can Help You

No one should have to face a loved one’s death alone. If you’ve found yourself in this painful position, know that Loewy Law Firm is here to help. While you take the time to mourn your loss and honor your loved one’s memory, we can get to work on your behalf by:

• Investigating the fatal accident to recover critical evidence before it has a chance to get lost or “conveniently” go missing
• Reviewing this evidence with experts in fields like medicine and accident reconstruction to better understand what happened and why
• Identifying all responsible parties and possible sources of compensation
• Dealing with those at-fault parties and their insurance companies so that you don’t have to
• Calculating the full value of your case so we know how much to demand on your behalf
• Protecting your rights by filing your wrongful death claim within the two-year deadline
• Negotiating for a fair settlement to protect your privacy       
• Taking your case to trial if you want your day in court, or if that becomes the best way to secure you maximum compensation

Throughout this process, we will support you, keep you informed of your case’s progress, and answer any questions you might have. You’ll have direct access to Adam Loewy and can text him any time, day or night. And because we work on contingency, you will only pay us if and when we win your case. You do not have to pay out of pocket to get the help you deserve from a fatal accident attorney in Austin. Contact us today to get started with your free consultation.

Causes of Fatal Accidents in Austin, TX

Any mishap has the potential to turn deadly. Our Austin fatal accident team can handle cases, including, but not limited to:

• Car Accidents
• Motorcycle Accidents
• Truck Accidents         
• Bus Accidents
• Pedestrian Accidents 
• Bicycle Accidents
• Boating Accidents
• Railroad Accidents
• Nursing Home Abuse
• Injuries to Children
• Dog Bite
• Slip & Fall Accidents
• Premises Liability Incidents
• Construction Accidents
• Serious/Catastrophic Injuries

Regardless of the specific circumstances, if you believe that someone else is responsible for the accident that led to your loved one’s death, please reach out to us at your earliest convenience. We can review what happened and advise you on whether you have a case.

When Fatal Accidents Lead to Wrongful Death Claims in Austin

Under Texas law, fatal accidents can give rise to wrongful death actions when one person’s “wrongful act, neglect, carelessness, skillfulness, or default” results in someone else’s death. Wrongful death actions allow a decedent’s surviving family members to hold an at-fault party accountable for the injuries they have suffered because of that party’s harmful behavior. A fatal accident can also give rise to a separate type of legal claim called a survival action, which compensates a decedent’s estate for what that person suffered prior to their death.

Who Can Bring a Wrongful Death Claim in Texas?

Texas law allows any of a decedent’s surviving spouse, children, or parents to initiate the wrongful death claim. Alternatively, several people can bring action collectively. If none of these parties has brought a claim within three months of the decedent’s passing, the decedent’s personal representative (generally the executor of their estate) can do so instead, unless all of the above individuals request them not to.

What Compensation Is Available in a Wrongful Death Claim in Texas?

A successful wrongful death claim in Texas can compensate survivors for the harms they suffered because of their loved one’s passing, including:

• Lost income and other forms of financial support the deceased provided
• Loss of inheritance that would have descended to them
• The cost of replacing the household services the deceased provided
• Loss of the loved one’s love, guidance, and companionship
• Pain and anguish caused by their loved one’s death

Wrongful death claims can also include punitive damages in cases where gross negligence causes the fatal accident. For example, a car crash caused by a perennial drunk driver could rise to the level of gross negligence. Punitive damages punish the person who caused the fatal accident rather than compensate survivors for something specific they suffered, with the goal of deterring this egregious behavior in the future.

Some states put a cap on how much compensation survivors can recover through wrongful death claims, particularly through punitive damages. However, Texas only caps certain damages in cases of medical malpractice. Other fatal accidents do not have a maximum recoverable amount.

Who Gets the Compensation from a Wrongful Death Claim in Texas?

Texas law also specifies that the parties entitled to bring a wrongful death claim—that is, a surviving spouse, children, and parents—are also entitled to the compensation recovered by that claim. When wrongful death cases go to trial, juries can divide awards in shares according to each based on the specific harm each party suffered because of their loved one’s death. Families can divide settlements as they see fit.

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

Texas has a statute of limitations on wrongful death claims that provides a two-year deadline for bringing an action. The cause of action accrues on the day the person dies, meaning you have two years from the date of their passing, not their injury, to start your claim. For example, if your loved one was injured in a car accident on January 1, 2026, but did not pass until February 1, 2026, you would have until February 1, 2028, to bring a wrongful death claim against the driver who hit them.

If you attempt to take action after the deadline has passed, the at-fault party can file a motion with the court to dismiss your case as untimely. The court will likely agree to this motion unless specific exceptions apply. If it does, you will lose your right to compensation, even if you have clear proof that the other person was to blame for what happened.

You deserve accountability and compensation, and your loved one deserves justice. Protect your right to them by speaking with Austin fatal accidents attorney Adam Loewy right away. Loewy Law Firm can get to work immediately investigating what happened and preparing your case.

How Texas’s Modified Comparative Negligence Rule Affects Wrongful Death Claims in Austin

Sometimes, the person who suffers fatal injuries in an accident is partially to blame for what happened. Texas law acknowledges that other at-fault parties should not have to pay for the portion of an accident that was not their fault. When a wrongful death goes to trial, the court will weigh evidence and assign a percentage of fault to both the decedent and the defendant. Any compensation they award to survivors is reduced in proportion to the percentage assigned to the decedent. And if the court decides the decedent was more than 50 percent at fault, it cannot award compensation at all.

The insurance companies responsible for paying out compensation take advantage of this modified comparative negligence rule as a way of limiting how much they have to spend. Don’t accept their side of the story. Instead, get help from an experienced Austin fatal accident lawyer like Adam Loewy. He can fight back against attempts to blame your loved one for what happened and demand the full measure of justice you and your family deserve.

Wrongful Death vs. Survival Actions in Texas

Fatal accidents can give rise to two different types of claims: wrongful death actions and survival actions. Wrongful death claims compensate a decedent’s surviving family members for the harms they’ve suffered because of their loved one’s passing. Survival actions, on the other hand, allow the decedent’s estate to pursue the personal injury lawsuit that the decedent can no longer pursue themselves.

• Medical expenses the deceased accrued between their injury and their passing    
• Lost wages the deceased could not earn because of their injuries
• Pain, suffering, and emotional distress that   the deceased experienced prior to their passing

The same parties who can bring a wrongful death case can also initiate a survival action.

Why Choose Loewy Law Firm After a Fatal Accident in Austin

There are many fatal accident attorneys in Austin, but not every one offers the same quality of service. You deserve to have a lawyer who will go the extra mile to secure justice and accountability on behalf of your family and your departed loved one. Here are a few reasons we think Loewy Law Firm is the right choice during this difficult time:

• Our approach – Adam Loewy genuinely cares about our clients. He keeps a smaller       caseload than other firms so that he can devote the time and attention to each individual person he helps. You’ll get his personal cellphone number so that you can reach out by text whenever     you have questions or concerns.
• Our reputation – Our clients regularly praise us for the results we achieve on their behalf. In addition to the many positive reviews they’ve left us, we maintain a perfect 10.0 Avvo rating.
• Our awards – Adam Loewy has been singled out by the Multi-Million Dollar          Advocates Forum for the successes he has achieved for his clients. The Austin Bar Association recognized him with the David H. Walter Community Excellence Award, and he has been named a Texas Super Lawyer for nine consecutive years.
• Our commitment to our community – We’re proud to call Austin home. Adam and his wife, Phil, have donated millions of dollars to local charities and are particularly         proud of the Loewy Family Playground in the Northwest Hills. Adam opened the Loewy Law Firm Garden Building at the Central Texas Food Bank in 2022. He endowed the Loewy Law Firm Scholarship at the University of Texas School of Law in 2024, the same year he donated $100,000 to the Ronald McDonald House’s capital campaign.

Contact Loewy Law Firm today at (512) 280-0800 to speak with a compassionate, committed Austin fatal accident attorney at no cost or obligation. We’ll discuss what happened, review your options, and explain what we can do to pursue the full compensation you’re entitled to.