Austin Wrongful Death Lawyers

A Compassionate Legal Team You Can Trust

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The grief of losing a loved one is only compounded when their death was wrongful. If you lost someone due to another’s negligence in Austin, Thompson Law can help. With over 15 years of experience, our wrongful death lawyers fight for the families of wrongful death victims across Austin.

The experienced Austin wrongful death lawyers at Thompson Law offer FREE CONSULTATIONS so there’s no risk, CALL TODAY about your case. With timing being so important, our Austin wrongful death lawyers are READY TO SUPPORT YOU 24/7 in pursuing maximum compensation.

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How to Find a Qualified Austin Wrongful Death Attorney

When a loved one dies tragically because of someone else’s negligence, you need an attorney with experience, skill and compassion on your side. At Thompson Law in Austin, our dedicated wrongful death lawyers have decades of combined experience helping families in Austin and throughout Texas.

Our injury lawyers approach each case with a focus on compassion for our clients while aggressively pursuing maximum compensation in their cases. We are trial lawyers, and we are not afraid to take on big companies and other powerful defendants when necessary to get justice for our clients. If you lost a loved one in a wrongful death in the Austin area, let our qualified wrongful death lawyers review your case today.

The qualified Austin wrongful death lawyers at Thompson Law give FREE CONSULTATIONS so there’s no risk, CALL TODAY concerning your case. With timing being so essential, our wrongful death lawyers are READY TO ASSIST YOU 24/7 in pursuing maximum compensation.

 

Wrongful Death in Austin Explained

Wrongful death claims in Texas arise when the negligence, recklessness, or intentional actions of another person or entity result in someone’s death. Surviving family members may be eligible to pursue compensation through a wrongful death lawsuit. The most common causes of wrongful death in Texas include:

  • Motor Vehicle AccidentsDeaths resulting from collisions involving drunk drivers, distracted drivers, overly drowsy drivers, and other negligent motorists. Survivors would sue the at-fault driver.
  • Medical Malpractice:  Deaths occurring due to surgical errors, misdiagnoses, delayed treatment, insufficient informed consent, and other forms of medical negligence. Survivors can sue hospitals, doctors, nurses, and other providers.
  • Defective Products:  Deaths caused by dangerous prescription drugs, defective vehicles, and other unsafe consumer products. Manufacturers and retailers may be held liable.
  • Workplace Accidents:  Occupational deaths resulting from explosions, electrocutions, falls, trench collapses, and exposure to hazardous materials. Employers may be sued for negligence.
  • Premises Liability:  Deaths occurring due to unsafe property conditions like wet floors, poor lighting, broken stairs, lack of security, etc. Property owners can be held responsible.

Texas wrongful death laws allow certain surviving family members, such as spouses, children, and parents of the deceased, to recover damages for their own losses as well as damages the deceased would have been able to recover if they survived.

The accomplished wrongful death lawyers at Thompson Law extend FREE CONSULTATIONS so there’s no risk, CALL TODAY about your case. With timing being so crucial, our Austin wrongful death lawyers are READY TO SUPPORT YOU 24/7 in chasing maximum compensation.

flower on a grave - Austin Wrongful Death Lawyers

Main Sources of Wrongful Fatalities in Austin

According to the Texas Department of Transportation, in 2021 there were 3,896 fatalities from motor vehicle traffic crashes in Texas. This translates to approximately 13 motor vehicle accident deaths per day.

TxDOT data shows that the leading causes of fatal traffic crashes in Texas are:

  • Failure to stay in lane – 14.4%
  • Speeding – 13.7%
  • Failed to control speed – 11.5%
  • Alcohol involvement – 26%

In addition to auto accidents, other common causes of preventable deaths in Texas include:

  • Workplace accidents – 454 fatal occupational injuries
  • Medical negligence – up to 300,000 injuries/deaths per year

A skilled Austin wrongful death lawyer can determine if a wrongful death was caused by someone’s negligence or misconduct.

The adept Austin wrongful death lawyers at Thompson Law provide FREE CONSULTATIONS so there’s no risk, CALL TODAY regarding your case. With timing being so important, our  wrongful death attorneys are READY TO ASSIST YOU 24/7 in seeking maximum compensation.

Sources:  CDC, NHTSA, TXDOT, TDI

How We Assist With Wrongful Death Cases

The experienced wrongful death attorneys at Thompson Law provide compassionate legal guidance and representation to families who lost a loved one due to another party’s negligence in Austin and across Texas. Here is how we can help:

  • Conduct a thorough investigation into how your loved one died.
  • Build a strong wrongful death case to prove liability and damages.
  • Negotiate aggressively with insurance companies.
  • Take cases to trial when fair settlements cannot be obtained.
  • Guide you through the complex legal process.
  • Keep you updated on the status of your case every step of the way.

Our goal in every wrongful death case is to ease the burden on grieving families while pursuing the maximum compensation they deserve.

Our expert wrongful death attorneys give FREE CONSULTATIONS so there’s no risk, CALL TODAY concerning your case. With timing being so vital, our Austin wrongful death lawyers are READY TO SUPPORT YOU 24/7 in pursuing maximum compensation.

Who Can Make a Wrongful Death Claim in Austin?

Under the Texas Wrongful Death Act, the following people may be entitled to file a wrongful death claim:

  • The spouse of the deceased
  • The children of the deceased
  • The parents of the deceased
  • The siblings of the deceased

The law establishes a priority order for recovery by these potential plaintiffs. If the deceased was married, the spouse typically has first priority. Otherwise, adult children typically have priority. An experienced Texas wrongful death lawyer can advise you on your rights and eligibility to bring a claim after a tragic loss.

The proficient Austin wrongful death lawyers at Thompson Law extend FREE CONSULTATIONS so there’s no risk, CALL TODAY about your case. With timing being so crucial, our wrongful death lawyers are READY TO ASSIST YOU 24/7 in chasing maximum compensation.

Determining Fault in Wrongful Death Accidents

In some cases, the loved one you lost might have been partly responsible for the accident that took their life. Texas is a modified comparative fault state, meaning you could still be entitled to compensation if they were less than 51% at fault.

Determining fault and percentages can be challenging, but an experienced Austin wrongful death attorney can help. Though multiple parties could be negligent, and the award may be reduced, your family could still recover damages after the accident. Both monetary claims and non-monetary claims will be taken into consideration.

If you are mourning the loss of a family member due to the negligent actions of someone else, do not try to handle your case alone. Wrongful death claims are typically complex, and often involve multiple layers of insurance policies. Our Austin wrongful death lawyers have the expertise to investigate and recover every penny your wrongful death claim is worth.

What Can a Wrongful Death Lawyer Prove?

Your wrongful death attorney will work tirelessly to establish liability and determine the damages your family may be entitled to after the accident. They will consult with you, gather evidence, and investigate to build a strong case on your behalf. Experienced lawyers from reputable firms understand how to navigate the complexities of wrongful death claims and deal with insurance companies to pursue the best outcome for you.

Here are some key terms you may encounter during your case:

  • Liability: Legal responsibility for the accident or injury.
  • Joint Liability: When multiple defendants share full responsibility for the incident.
  • Several Liability: When each defendant is responsible only for their share of fault.
  • Damages: The injury or loss suffered by a person or property.
  • Compensatory Damages: Quantifiable losses such as medical bills, lost wages, or property replacement.
  • General Damages: Non-monetary losses like pain and suffering or reduced quality of life.

Punitive Damages: Damages awarded to punish the defendant for particularly reckless or intentional misconduct.

Common Causes of Wrongful Death in Austin

Wrongful death happens when someone loses their life due to the negligence or intentional actions of another person or organization. This tragic event leaves surviving family members dealing with overwhelming grief and loss, as well as complex legal issues. Some of the most common causes of wrongful death include:

In Texas, damages in a wrongful death case can cover a wide range of losses. An Austin wrongful death attorney can help your family get the fair compensation they deserve after a tragic event.

The Compensation We Seek in Wrongful Death Cases

In a Texas wrongful death lawsuit, the decedent’s family members or estate can pursue two main categories of damages from the liable defendant(s):

Survival Damages

These damages could have been recovered by the deceased if they survived. Survival damages seek to compensate for losses sustained by the deceased from the time of injury until death. Common survival damages include:

  • Medical expenses incurred treating the injuries prior to death:  This covers ambulance fees, hospital bills, prescription medications, rehabilitation, and more.
  • Loss of income starting from the time of injury until death:  Calculations account for wages, benefits, bonuses, commissions, and earning capacity lost during treatment.
  • Pain and suffering experienced prior to death:  This compensates for physical pain and mental/emotional anguish resulting from the injuries.
  • Funeral and burial costs:  Damages cover expenses like the casket, headstone, plot, transportation, flowers, etc.

Wrongful Death Damages

These damages address the losses suffered by the surviving family members as a direct result of losing their loved one. Wrongful death damages can include:

  • Loss of companionship and consortium:  Compensates for losing positive aspects of the relationship like love, comfort, affection, society, etc.
  • Loss of financial support:  Replaces future income the deceased would have earned and contributed to the family.
  • Mental anguish and grief:  Provides solace for the bereavement, trauma, depression suffered by mourning relatives.
  • Loss of inheritance:  Repays for the inheritance lost when the deceased died prematurely.

The competent wrongful death lawyers at Thompson Law provide FREE CONSULTATIONS so there’s no risk, CALL TODAY regarding your case. With timing being so important, our Austin wrongful death lawyers are READY TO SUPPORT YOU 24/7 in seeking maximum compensation.

Understanding Austin Survival Damage Claims

Survival damages are a critical component that our experienced wrongful death lawyers can help grieving families recover after the tragic loss of a loved one. These unique damages represent the continuation or “survival” after death of legal claims that the deceased individual would have been able to bring related to the injuries they sustained.

More specifically, survival damages seek to compensate for losses suffered by the deceased person between the time of the negligent or reckless act that ultimately led to their death and the moment of death itself. Some of the key types of compensation that survival damages cover include:

  • Medical expenses:  This includes ambulance fees, hospital bills, costs of surgery, medications, physical therapy, and any other medical treatment the deceased required for their injuries prior to death.
  • Lost income:  Calculations account for any wages, benefits, bonuses, commissions, and diminishment of earning capacity the deceased experienced from the time they were injured until they passed away.
  • Pain and suffering:  Provides compensation for any physical pain, disfigurement, disability, loss of enjoyment of life, mental anguish, or emotional trauma endured by the deceased as a result of their injuries.
  • Funeral and burial costs:  Damages can reimburse expenses related to the memorial service, cremation, casket, transportation, burial plot, headstone, flowers, etc.

Austin Wrongful Death Lawyers Go to Bat for You

At Thompson Law, we approach every wrongful death case with compassion and unwavering commitment to seeking justice for grieving families. Some of the Law Firm Honors:

Ryan leads an exceptional team of trial lawyers with the skill and experience to stand up to big companies and powerful defendants. We have taken cases representing victims of  trucking accidents, automobile accidents, premises liability accidents, on the job accidents, and many other personal injury related claims across Texas and the entire United States. Our ability to try cases and willingness to go to court when necessary gives us leverage in negotiating fair settlements for families. Let us put our experience to work fighting for you after your tragic loss.

The skilled wrongful death lawyers at Thompson Law extend FREE CONSULTATIONS so there’s no risk, CALL TODAY about your case.

How We Leverage Our Wrongful Death Expertise

Thompson Law has handled numerous complex wrongful death cases over our 15+ year history, recovering substantial compensation for grieving families. Here are some examples of our wrongful death case results:

  • $1.6 million settlement for the death of a construction worker at a worksite accident
  • $850,000 verdict after a woman died from complications of medical negligence during surgery
  • $500,000 workplace oilfield accident settlement

These are just a few examples of the results we have achieved through aggressive litigation when at-fault parties refuse reasonable settlement offers.

 

What Factors Determine the Value of a Wrongful Death Claim?

The value of a wrongful death claim depends on several unique factors that insurance companies and courts evaluate when determining compensation. These include:

  • Type and Severity of the Accident: Whether it was a car accident, medical malpractice, or another event.
  • Deceased’s Age and Health: Younger individuals with a longer life expectancy generally result in higher claims.
  • Occupation and Income: The deceased’s earning capacity and job are critical factors.
  • Financial Support: How much financial assistance the deceased provided to their family.
  • Dependents: Whether the deceased had minor children or other dependents relying on their support.
  • Community Involvement and Relationships: The deceased’s role within their family and community.

These factors influence whether a settlement is increased or reduced. For example:

  • A claim may result in lower compensation if the deceased was elderly, had no dependents, or shared fault in the accident.
  • A claim may be higher if the deceased was young, entirely faultless, and left behind a spouse and minor children relying on them for emotional and financial support.

Each wrongful death case is unique, and understanding these factors can help build a stronger claim to ensure your family receives the justice and compensation they deserve.

Get the Legal Help You Need

Losing a loved one is hard enough without having to fight on your own for compensation. The wrongful death attorneys at Thompson Law are here to shoulder that burden for you. We offer free, no obligation case evaluations to anyone who lost a family member due to another party’s negligence in Austin or anywhere in Texas.

CALL TODAY about your case. With timing being so important, our Austin wrongful death lawyers are READY TO SUPPORT YOU 24/7 in pursuing maximum compensation.

Call for Your Free Consultation

(844) 308-8180

Contact Thompson Law

If you are grieving the loss of a loved one due to an accident, defective product, medical mistake or violent crime in the Austin area, we are here to help. Thompson Law offers compassionate guidance and dedicated legal representation to families harmed by wrongful death. Contact us today to schedule a FREE CONSULTATION with our skilled wrongful death attorneys in Austin.

Thompson Law no win no fee - Austin Wrongful Death Lawyers

Frequently Asked Questions

Losing a loved one under tragic circumstances leaves you with many questions about your legal rights and options. Here are answers to some of the questions we commonly hear from wrongful death clients:

How long do I have to file a wrongful death claim in Texas?

You generally have 2 years from the date of death to file a wrongful death lawsuit. An attorney can advise you on deadlines.

Will filing a wrongful death claim impact my family member’s estate?

No, a wrongful death claim is separate and does not affect probate of the estate.

What if the at-fault party who caused my loved one’s death does not have insurance?

We can pursue other avenues of recovery, including suing their employer or seeking damages from your own underinsured motorist coverage.

Who pays for funeral expenses in a wrongful death case?

Funeral costs can typically be recovered as part of the survival damages in a case. We can also help arrange insurance advances.

How long do wrongful death cases take to resolve?

Most settle within 1-2 years, but complex cases can take longer. There are no guarantees on timing.

Other Wrongful Death FAQs

Wrongful Death

In Texas, you have two years from the date of death to file a wrongful death suit. This differs from the statute of limitations for typical personal injury claims not involving death, which allows two years from the date of the accident to file a lawsuit. Our skilled wrongful death attorneys can help ensure you meet all the legal requirements and deadlines necessary. If a wrongful death lawsuit is not filed by the proper person within the time allowed by law, you will lose your right to recover monetary damages.

Knowing the applicable statutes of limitations, understanding the elements of negligence and proximate cause, and gathering evidence to establish liability are all crucial factors that can influence the outcome of a wrongful death case.

Wrongful death cases can be highly emotional and complex, making it crucial to determine who is at fault. In these cases, liability is determined by analyzing the evidence to identify who acted negligently or intentionally caused the death. This often involves investigating the circumstances leading up to the incident, such as whether the victim was in a safe environment and whether there were any contributing factors to the death. Additionally, insurance policies and state laws may also come into play when determining fault. It’s important to have a skilled attorney who can guide you through the legal process and help you receive the compensation you deserve. While nothing can bring back a loved one, accountability can bring some closure and justice for the family.

The loss of a loved one can be a devastating experience, especially when the death was caused by another person’s negligence or intentional harm. In such situations, the surviving family members may be entitled to file a wrongful death lawsuit against the responsible individual or entity. The process for filing a wrongful death lawsuit typically involves gathering evidence, hiring an attorney, filing the complaint, and going through the discovery process which involves exchanging information and evidence with the opposing party. The case may then proceed to trial or settle outside of court. It is important to remember that each state has its own laws and procedures for filing a wrongful death lawsuit, so it’s recommended to consult with an experienced attorney to help guide you through the process.

While many wrongful death cases settle out of court, anyone filing a lawsuit should prepare for the possibility of having to go to trial. A skilled wrongful death attorney can litigate on your behalf to ensure the best possible outcome for you and your family.

In Texas, damages for wrongful death can include funeral and burial expenses, loss of financial support, loss of possible inheritance, pain and suffering, and loss of society, companionship, support, and care. In some instances, punitive damages might be sought. These are damages intended to punish the guilty party and deter other parties from engaging in the same conduct.

In Texas, the surviving spouse, children, or parents can file a wrongful death claim. If no family members file, an executor of the deceased person’s estate may file. Here is a complete guide to wrongful death claims in Texas.

Thompson Law Guarantee

Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.

Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.