Austin Wrongful Death Lawyer

Texas law gives the family of someone killed by another party’s negligence the right to pursue a wrongful death lawsuit and hold the responsible party accountable. At Loewy Law Firm, Adam Loewy has spent over two decades fighting for Austin families in wrongful death cases and understands what it takes to build a compelling case and pursue the full compensation your family deserves. Call (512) 280-0800 or send us an email for a free consultation.

Grounds for a Wrongful Death Lawsuit in Texas

The Texas Wrongful Death Statute lists specific elements that need to be present for a successful wrongful death case. Texas Statutes section 71.001 stipulates that a death has to be caused by one or more of the following to be considered wrongful:

• The carelessness of another party: This includes situations where someone acts carelessly and causes an accident resulting in another person’s death.
• The neglect of another party: This includes any failure to provide care or attention that results in the victim’s death.
• The default of another party: This refers to a failure to fulfill an obligation.
• The unskillfulness of another party: This refers to lack of skill or expertise by a professional, resulting in the victim’s death. Examples include medical malpractice cases like botched surgery or inadequate treatment by a doctor.
• The wrongful act of another party: This refers to any intentional actions resulting in the victim’s death, including murder, assault, and other crimes.

Family Members Eligible to Pursue a Wrongful Death Lawsuit

Under Texas Civil Practice & Remedies Code § 71.004, the right to pursue a wrongful death lawsuit belongs to the surviving spouse, children, and parents of the deceased.

Eligible Parties

• Surviving spouse [verify: common law spouse]
• Children (biological and adopted)
• Parents (biological and adoptive)

Not Eligible to Pursue a Wrongful Death Lawsuit

• Siblings
• Grandparents
• Step-parents
• Foster parents and foster children
• Long-term unmarried partners

Eligible family members may pursue a wrongful death lawsuit jointly, or one family member may bring the action on behalf of all. If no eligible party has pursued a lawsuit within three calendar months of the death, the executor or administrator of the estate may bring the action unless all eligible parties request otherwise.

Common Causes of Wrongful Death

Wrongful death occurs when another person’s negligence or intentional act causes someone’s death. Some of the common causes of wrongful death in Austin, Texas, include:

• Construction Accidents: Even when workers’ compensation covers an on-the-job death, the family may still pursue a wrongful death lawsuit against a third party (e.g. a subcontractor, equipment manufacturer, or property owner) whose negligence contributed to the fatal accident.
• Car Accidents: Liability in a fatal crash can extend beyond the driver to an employer (if the driver was working at the time), a vehicle manufacturer in defective vehicle cases, or a government entity responsible for unsafe road conditions.
• Boating Accidents: A fatal accident on Texas waters can support a wrongful death lawsuit against the boat operator, the vessel’s owner, or a manufacturer when defective equipment is a factor.
• Motorcycle Accidents: Insurance companies frequently argue that a motorcyclist bears partial fault for a fatal crash. An attorney who knows how to counter those arguments can protect the family’s right to full compensation.
• Premises Liability: A property owner’s duty of care depends on the visitor’s legal status (invitee, licensee, or trespasser) and Texas law sets different standards for each. When an owner fails to meet the applicable standard and someone dies as a result, a wrongful death lawsuit may follow.
• Bicycle Accidents: When a driver strikes and kills a cyclist, liability can come down to right-of-way violations, distracted driving, or failure to maintain a safe passing distance under Texas Transportation Code § 545.053.
• Industrial Accidents: Workers’ compensation generally covers on-the-job deaths in Texas, but it doesn’t preclude a wrongful death lawsuit against a negligent third party like an equipment manufacturer, contractor, or property owner.

Loewy Law Firm has handled wrongful death cases arising from a wide range of situations, and the strategy for each one is built around the specific facts of what happened and the best path to maximum compensation for your family.

What is the Difference Between a Wrongful Death Claim and a Survival Action?

A wrongful death lawsuit may not address all the financial details associated with the sudden death of a loved one. In Texas, survivors of the deceased may choose to file a survival action alongside a wrongful death claim. In a survival action, the compensation is similar to what the victim could have recovered had they survived and filed the lawsuit themselves.

A survival action allows plaintiffs to sue for the pain and suffering the deceased experienced before their wrongful death, medical bills incurred due to the incident, lost wages, and property damage. By bringing both claims together, families can seek justice for their loved one’s wrongful death and compensation for medical costs and other damages.

Possible Damages in Wrongful Death Claims

When a wrongful death occurs, families may face considerable financial hardship. Medical bills, funeral costs, and the sudden loss of a household income can compound an already devastating situation. A wrongful death lawsuit may allow the family to recover:

• Mental distress: Mental distress refers to emotional suffering caused by losing a loved one.
• Loss of inheritance from the decedent’s life being cut short in the accident: This refers to any money or assets that the deceased would have likely left behind had they not been killed.
• Loss of income: Loss of income refers to any earnings or benefits the deceased would have received had they lived, including wages, salary, pension, and other benefits that would have been available to the deceased had they lived.
• Loss of companionship and consortium: Children and parents may recover for the loss of the deceased’s companionship, comfort, and guidance. A surviving spouse may also recover for loss of consortium, which covers the loss of intimacy, affection, and the marital relationship.
• Loss of household services: This refers to any services the deceased provided around the house, including childcare, maintenance and repairs, housekeeping, and other services the deceased would have provided had they lived.
• Exemplary damages: In cases where the death resulted from a willful act or gross negligence, the court may award exemplary damages under § 71.009 — available to the surviving spouse and children, though not to parents.

The Wrongful Death Case Process

Pursuing a wrongful death lawsuit is a multi-step process, and knowing what to expect can make it easier to move forward. At Loewy Law Firm, Adam Loewy guides families through each step while handling the legal demands so you can focus on your family.

1. Evaluating your claim and identifying liable parties: First, an experienced wrongful death attorney will evaluate whether you have a valid wrongful death claim and identify all liable parties. This includes researching applicable state laws and regulations, gathering evidence, interviewing witnesses, and establishing negligence on the part of the responsible party.
2. Calculating the damages: After determining who is liable for the death, an attorney will help you calculate the damages you can seek from the wrongful death, including compensation for medical bills, funeral costs, lost wages, loss of consortium, and pain and suffering.
3. Filing an insurance claim: Your lawyer may then file an insurance claim seeking compensation from the at-fault party’s insurance company.
4. Negotiating a settlement: An experienced attorney can negotiate with the insurance company toward a fair and favorable settlement.
5. Filing a wrongful death lawsuit: Your attorney and the insurance company may not be able to reach a settlement. If this happens, your attorney can help you file and pursue a wrongful death lawsuit against the responsible party.

Wrongful Death Claims vs. Criminal Cases

When a wrongful death occurs, the responsible party can sometimes face criminal charges. However, criminal cases aim to punish the wrongdoer and not to help the deceased’s family recover. A wrongful death lawsuit can be pursued regardless of whether criminal charges are filed or a conviction is reached.

How an Austin Wrongful Death Attorney Can Help

Attorney Adam Loewy has represented Austin families in wrongful death cases for over two decades. He knows how insurance companies fight these cases and what it takes to build a case that holds every responsible party accountable. When a settlement isn’t fair, he takes cases to trial. Adam has a long track record of maximizing recovery for his clients. 

Schedule a Free Consultation Today

Families dealing with wrongful death deserve straight answers. Loewy Law Firm offers free consultations so you can understand your options and decide on the right path forward for your family. If we take your case, you pay nothing unless we recover compensation. Contact our Austin wrongful death attorney today at (512) 280-0800 to schedule and appointment.