Understanding Your Rights After Losing a Loved One in Austin

Austin wrongful death lawyers help families seek justice and compensation when a loved one dies due to someone else’s negligence or wrongful actions. Under Texas Civil Practice and Remedies Code §§ 71.001–71.003, surviving family members have the legal right to file a wrongful death claim within two years of their loved one’s death.

Quick Answer for Austin Families:
– Who can file: Surviving spouse, children, parents, or estate representative
– Time limit: 2 years from date of death (with some exceptions)
– Recoverable damages: Lost earnings, funeral costs, loss of companionship, mental anguish
– Typical timeline: 6 months to 2 years to resolve
– Attorney fees: Most work on contingency (30-40% of recovery)
– Settlement rate: Over 90% of cases settle without trial

Losing a family member is devastating. When that loss happens because of someone else’s carelessness, recklessness, or intentional harm, Texas law provides a path for justice and financial recovery.

The legal process can feel overwhelming while you’re grieving. That’s why understanding your rights and finding the right legal representation is crucial. An experienced Austin wrongful death attorney can handle the complex legal work while you focus on healing and supporting your family.

Texas wrongful death law is specific about who can file claims, what damages you can recover, and strict deadlines you must meet. Missing these deadlines or filing incorrectly can mean losing your right to compensation forever.

What Counts as Wrongful Death in Texas?

When someone dies because of another person’s actions or failures, Texas law recognizes this as a wrongful death. Under § 71.001-71.003 What Qualifies as a Wrongful Death in Texas?, a wrongful death happens when someone’s wrongful act, neglect, carelessness, unskillfulness, or default causes a person to die.

This legal definition might sound formal, but it covers situations that happen every day in Austin. A driver who runs a red light and kills someone. A doctor who misses a critical diagnosis. A company that ignores safety rules and causes a workplace death. These are all examples of wrongful death.

Motor vehicle crashes are sadly common on Austin’s busy roads like I-35 and MoPac. When drivers text while driving, drive drunk, or simply aren’t paying attention, the results can be devastating. Texas reported 3,896 traffic crash fatalities statewide in 2020 alone.

Medical malpractice cases arise when healthcare providers fail to meet professional standards. This might be a surgeon making a preventable error, a doctor failing to diagnose cancer, or a hospital giving the wrong medication. When medical professionals don’t provide the care they should, and someone dies as a result, families may have a wrongful death claim.

Workplace accidents are another serious concern, especially in Austin’s growing construction and industrial sectors. When employers cut corners on safety or ignore OSHA regulations, workers pay the ultimate price. Nationwide, someone dies on the job every 96 minutes according to recent Bureau of Labor Statistics data.

Defective products can also cause wrongful deaths. This includes everything from faulty car parts to dangerous medications to defective medical devices. When companies put profits before safety, innocent people suffer.

Premises liability deaths occur when property owners fail to keep their premises safe. This could be a slip and fall at a business, inadequate security leading to a violent crime, or a swimming pool accident where proper safety measures weren’t in place.

Intentional acts like assault, domestic violence, or other criminal behavior also qualify as wrongful death. Even if the perpetrator faces criminal charges, families can still pursue a civil wrongful death claim.

Elements You Must Prove

Winning a wrongful death case isn’t just about proving someone died. Austin wrongful death lawyers must establish four specific legal elements to build a successful case.

First, we must show duty of care. This means the person or company responsible owed your loved one a legal obligation to act reasonably. Drivers have a duty to follow traffic laws. Doctors have a duty to provide competent medical care. Property owners have a duty to maintain safe conditions. These duties exist to protect people from harm.

Next comes breach of duty. We must prove the responsible party failed to meet their obligation. Maybe they were speeding, ignored safety protocols, or failed to diagnose a treatable condition. The key is showing they didn’t do what a reasonable person would have done in the same situation.

Causation is often the most complex element. We must prove the breach of duty directly caused your loved one’s death. This means showing that if the person had acted properly, your loved one would still be alive. We also need to prove the death was a foreseeable result of their actions or failures.

Finally, we must demonstrate damages. The death must have caused measurable losses to surviving family members. This includes lost income, funeral expenses, and the loss of love, companionship, and guidance your loved one provided.

Evidence supporting these elements includes accident reports, medical records, witness statements, expert testimony, photographs, and documentation of your loved one’s income and family relationships. Building this evidence takes time and expertise, which is why having experienced legal representation matters so much.

Statute of Limitations & Special Deadlines

Texas law gives families exactly two years from the date of death to file a wrongful death lawsuit under Section 16.003 statute of limitations. This deadline is firm. Miss it, and you typically lose your right to seek compensation forever.

Two years might seem like plenty of time when you’re grieving, but it passes quickly. Legal investigations take months. Gathering evidence, consulting experts, and building a strong case all require time. That’s why contacting austin wrongful death lawyers as soon as possible is so important.

Some situations can extend this deadline, but they’re complex and fact-specific. The findy rule applies when the cause of death wasn’t immediately apparent. For example, if someone dies from cancer that should have been diagnosed earlier, the two-year period might start when you finded the medical malpractice, not when your loved one died.

Government entity claims have even stricter deadlines. When suing a city, county, or state agency, you may need to provide special notice within six months. These government notice requirements are technical and unforgiving.

The statute of limitations may be tolled for minor children until they reach age 18. Military service can also affect deadlines if the responsible party is on active duty.

These exceptions are complicated and don’t apply in every case. The safest approach is to assume the standard two-year deadline applies and act accordingly. Waiting to seek legal help is one of the biggest mistakes families make after losing a loved one to someone else’s negligence.

Who Can File & What Compensation Is Available?

When tragedy strikes and you lose a loved one due to someone else’s actions, understanding who can seek justice becomes crucial. Texas law is very specific about this—not everyone can file a wrongful death claim, even if they deeply loved the person who died.

Your surviving spouse has the right to file, including common-law spouses who meet Texas requirements. Children can also bring claims, whether they’re biological, adopted, or stepchildren. Parents of the deceased, including adoptive parents, also have this legal standing.

Here’s something that surprises many families: siblings, grandparents, aunts, uncles, and other extended family members cannot file wrongful death claims in Texas. This is true even if they were financially dependent on the deceased or had an extremely close relationship.

If none of the eligible family members file a claim within three months of the death, the personal representative or executor of the deceased’s estate can step in and bring the lawsuit.

Wrongful death claims are completely separate from survival actions. Wrongful death claims compensate you and other surviving family members for your losses—like lost income and companionship. Survival actions recover damages the deceased could have claimed if they had lived, such as pain and suffering they experienced between the time of injury and death.

Both types of claims can be filed together, and experienced Austin wrongful death lawyers often pursue both to maximize recovery for families.

Economic & Non-Economic Damages Breakdown

Texas wrongful death law recognizes that your losses go far beyond just money, though financial recovery is certainly important for your family’s future security.

Economic damages represent the tangible financial losses your family faces. Lost earning capacity is often the largest component—this includes all the income your loved one would have earned over their lifetime. We calculate this using their age, health, education, work history, and career prospects. Lost inheritance covers the money and property your loved one would have accumulated and eventually left to family. Funeral and burial expenses for reasonable final arrangements are recoverable, along with medical expenses related to the fatal injury.

Non-economic damages address the profound personal losses that can’t be measured in dollars but are just as real. Loss of companionship compensates for the emotional support, guidance, love, and relationship your loved one provided to your family. Loss of services covers household contributions like childcare, home maintenance, and other non-financial support. Mental anguish acknowledges the emotional pain and suffering you experience as a survivor.

Punitive damages are available in cases involving gross negligence or intentional harm. These damages punish the wrongdoer and deter similar conduct. However, Texas caps punitive damages at two times the economic damages plus non-economic damages up to $750,000, or $200,000—whichever amount is greater.

Comparative Fault’s Impact on Recovery

Texas follows what lawyers call a “modified comparative negligence rule with a 51% bar.” This means that if your loved one contributed to the accident that caused their death, your family’s recovery gets reduced by their percentage of fault—but only if they were less than 51% responsible.

Let’s say your loved one was 20% at fault for a fatal car crash and total damages equal $1 million. Your family would recover $800,000. However, if your loved one was 51% or more at fault, Texas law bars any recovery at all.

Insurance companies and defense attorneys know this rule well. They often try to shift blame to the deceased person to reduce what they have to pay your family. They might claim your loved one was speeding, not wearing a seatbelt, or somehow contributed to their own death.

This is where experienced wrongful death attorneys make a real difference. We know how to counter these blame-shifting tactics and protect your family’s interests. We gather evidence, work with accident reconstruction experts, and build a strong case showing the true cause of the tragedy.

Austin Wrongful Death Lawyers: Key Qualities to Look For

When you’re dealing with the devastating loss of a loved one, the last thing you want to worry about is whether your attorney has what it takes to get justice for your family. The reality is that choosing the right austin wrongful death lawyers can make the difference between a fair settlement and walking away empty-handed.

Trial experience is absolutely crucial, even though most cases never see a courtroom. Here’s why: insurance companies know which lawyers are actually prepared to fight in front of a jury. When they’re facing an attorney with a proven trial record, they’re much more likely to offer fair settlements. It’s like poker—you need to be willing to call their bluff.

Your attorney also needs serious resources for investigation. Wrongful death cases aren’t won on sympathy alone. They require accident reconstruction experts, medical specialists, economists to calculate lost earnings, and sometimes private investigators. These experts don’t work for free, and not every law firm has the financial backing to hire the best.

Specialization matters more than you might think. While your cousin’s divorce lawyer might be brilliant in family court, wrongful death claims have unique damage calculations, specific procedural requirements, and emotional complexities that require focused experience. You want lawyers who handle these cases regularly and understand the nuances.

Local knowledge can provide real advantages in Austin. Understanding how Travis County courts operate, knowing the local judges’ preferences, and having relationships with area experts can streamline your case and improve outcomes.

Communication style becomes incredibly important during this difficult time. You need attorneys who explain complex legal concepts in plain English, return your calls promptly, and keep you informed without overwhelming you with unnecessary details.

Most importantly, look for a compassionate approach that balances aggressive advocacy with genuine understanding. The best wrongful death attorneys know when to be bulldogs in negotiations and when to simply listen as you share memories of your loved one.

Bilingual support can be essential for many Austin families, ensuring nothing gets lost in translation during this critical time. The legal process is complicated enough without language barriers adding extra stress.

Questions to Ask Prospective Austin Wrongful Death Lawyers

The initial consultation is your chance to evaluate whether an attorney is right for your family. Don’t be shy about asking tough questions—any lawyer worth hiring will welcome your scrutiny.

Start with their case track record: “How many wrongful death cases have you handled in the past five years, and what were the outcomes?” You want specific numbers, not vague promises about fighting for you.

Ask about their expert networks: “Do you have established relationships with medical experts, economists, and accident reconstruction specialists?” The best attorneys have built these professional relationships over years, not scrambled to find experts when your case starts.

Get clarity on fee percentages and whether they change if the case goes to trial. Some firms charge higher percentages for trial work, which you should know upfront.

Understand the expected timeline: “How long do you anticipate my case taking, and what factors could cause delays?” Experienced attorneys can give you realistic expectations based on similar cases.

Finally, ask about resources: “Does your firm have the financial capacity to fully investigate and prosecute my case without cutting corners?” This question separates firms that talk big from those that can actually deliver.

austin wrongful death lawyers and Contingency Fees Explained

The contingency fee system exists specifically for situations like yours. When you’re grieving and potentially facing financial hardship from lost income, the last thing you should worry about is paying attorney fees upfront.

“No win, no fee” means exactly that—if your attorney doesn’t recover compensation for your family, you don’t owe attorney fees. This arrangement aligns your lawyer’s interests with yours and ensures they only take cases they believe in.

Typical percentages range from 30-40% of any recovery, depending on case complexity and whether settlement happens before trial. While this might seem like a large percentage, experienced attorneys often recover significantly more than families could obtain on their own.

Transparency matters when it comes to fees and costs. Your attorney should explain exactly what percentage they charge, how case expenses are handled, and what happens if no recovery occurs. At Gibbs & Crivelli, we believe in clear communication about fees from day one.

The costs are typically advanced by the law firm, covering everything from expert witness fees to court costs and investigation expenses. This means you can pursue justice without worrying about upfront expenses that could easily reach tens of thousands of dollars in complex cases.

Step-by-Step Claim Process in Austin

The wrongful death claim process might feel overwhelming when you’re grieving, but understanding each step helps you know what to expect. Think of it as a roadmap through a difficult journey—one that Austin wrongful death lawyers can steer with you.

The first 48-72 hours are critical. Your attorney will help preserve evidence from the accident scene, obtain police reports, and gather witness contact information before memories fade or evidence disappears. If an autopsy is performed, those reports become essential pieces of your case puzzle.

During the investigation phase (typically weeks 1-8), your legal team becomes detectives. They’ll review every piece of available evidence, consult with experts who can explain what really happened, and analyze medical records line by line. Witness statements are taken while details are still fresh, and sometimes accident reconstruction specialists recreate the incident to understand exactly how your loved one died.

The formal claim filing phase (months 2-6) is when the legal machinery really starts moving. Your attorney files the wrongful death petition with the court and notifies all insurance companies involved. The findy process begins—this is where both sides share evidence and take depositions of key witnesses under oath.

Settlement negotiations (months 6-18) often feel like a chess match.** Your attorney presents settlement demands based on the evidence gathered, and insurance companies respond with their offers. Multiple rounds of negotiation typically occur, and sometimes mediation brings both sides together with a neutral third party to find common ground.

If settlement negotiations fail, trial preparation intensifies (months 12-24). Expert witnesses are prepared to testify, trial strategies are refined, and your legal team gets ready to present your case to a jury. Most trials last 1-2 weeks, ending with a jury verdict that determines compensation.

The good news? Most wrongful death cases take between 6 months to 2 years to resolve, and over 90% settle without needing a trial.

Austin Wrongful Death Lawyers and Evidence You’ll Need

Building a strong wrongful death case is like constructing a house—you need a solid foundation of evidence. Every piece tells part of your loved one’s story and helps prove what really happened.

Official reports form the backbone of most cases. Police accident reports capture the immediate aftermath and initial findings. Medical examiner or coroner reports explain the cause of death from a medical perspective. If your loved one died at work, OSHA filings might document safety violations that contributed to the tragedy.

Medical documentation tells the complete health story. Hospital records from any treatment before death show the medical team’s efforts and timeline. Autopsy reports provide definitive answers about cause of death. Medical expert opinions help juries understand complex medical issues in plain language.

Witness testimony brings cases to life. The witness statements rule requires proper documentation, so your attorney will carefully record eyewitness accounts of the incident. Character witnesses help juries understand who your loved one was and what their loss means to your family. Expert witnesses explain technical aspects that most people wouldn’t understand.

Financial records prove economic losses. Employment records and pay stubs show earning capacity. Tax returns demonstrate income history over time. Benefits documentation reveals the full compensation package your family has lost. Evidence of financial support helps calculate what your loved one contributed to the household.

Physical evidence makes abstract concepts concrete. Photographs of accident scenes help juries visualize what happened. Damaged vehicles or equipment show the force of impact. Product defect evidence proves manufacturing problems. Safety violation documentation demonstrates negligence.

The sooner evidence is preserved, the stronger your case becomes. That’s why contacting an attorney immediately after a suspicious death is so important—evidence can disappear quickly.

Typical Timeline & What Causes Delays

While most wrongful death cases resolve within 6-24 months, several factors can extend this timeline. Understanding these potential delays helps set realistic expectations.

Complex cases naturally take longer. Multi-vehicle accidents with several defendants require more investigation. Medical malpractice cases need extensive expert review. When multiple parties share blame, sorting out each person’s responsibility takes time.

Insurance companies sometimes use delay tactics. They might request excessive documentation, dispute obvious liability, or simply take their time responding to settlement demands. These tactics pressure grieving families into accepting lower settlements, but experienced attorneys know how to counter them.

Court schedules affect timing. Travis County courts stay busy, and trial dates might be months away when cases don’t settle. Your attorney will work within these constraints while pushing your case forward.

Family disagreements can slow progress. When multiple family members have competing interests in the wrongful death claim, resolution gets delayed while these issues are worked out. Sometimes families disagree about settlement offers or litigation strategy.

Findy disputes create roadblocks. Disagreements over what evidence must be shared can stall cases while judges make rulings. Expert witness scheduling also affects timing—busy specialists might have limited availability for depositions and testimony.

Your attorney should keep you informed about any delays and work diligently to move your case forward as efficiently as possible. Some delays actually benefit your case by allowing time for thorough investigation and preparation.

Frequently Asked Questions about Austin Wrongful Death Claims

Families dealing with wrongful death claims often have similar concerns and questions. Here are the most common questions we hear from Austin families, along with honest answers based on our experience.

How long do most cases take to resolve?

The timeline for wrongful death cases varies significantly, but most Austin families can expect their case to take 12 to 24 months to reach resolution. This might feel like a long time when you’re grieving and facing financial pressures, but there are good reasons why these cases take time to develop properly.

Simple cases with clear liability might settle in 6 to 8 months. These typically involve situations where fault is obvious—like a drunk driver causing a fatal crash—and the insurance company cooperates with the claim process.

Complex cases often take 2 years or more to resolve. These include situations with multiple parties involved, disputed liability, or cases requiring extensive expert testimony to prove medical malpractice or product defects.

Several factors influence how long your specific case will take. Case complexity plays the biggest role—a straightforward car accident moves faster than a complicated medical malpractice claim. Insurance company cooperation makes a huge difference too. Some insurers work reasonably with families, while others drag their feet hoping you’ll accept a low offer.

Court scheduling in Travis County can also create delays, especially if your case needs to go to trial. The need for expert witnesses in medical or technical cases adds time, as these professionals often have busy schedules.

Your Austin wrongful death lawyers should keep you updated on realistic timelines and any delays that arise. While waiting is difficult, taking the time to build a strong case usually results in better compensation for your family.

Do most wrongful death cases settle or go to trial?

The good news is that over 90% of wrongful death claims settle before trial. This statistic often surprises families who assume they’ll end up in a courtroom, but settlement offers several real advantages during an already difficult time.

Settlement provides faster resolution for grieving families who need financial stability and emotional closure. You’re guaranteed compensation without the risks that come with jury trials, where outcomes can be unpredictable. Legal costs stay lower when cases settle, and privacy is protected since settlements can remain confidential.

Most importantly, settlement allows families to avoid the emotional stress of a lengthy trial where the deceased’s life and the family’s loss become public courtroom discussion.

However, some cases must go to trial. This happens when insurance companies refuse fair settlement offers, when liability is heavily disputed, or when damages are extremely high and complex. Sometimes families specifically want public accountability for the wrongdoing that caused their loss.

At Slingshot Law, we prepare every wrongful death case as if it will go to trial. This preparation actually helps us secure better settlements because insurance companies know we’re ready and able to fight in court. Trial-ready attorneys get more respect and better offers during settlement negotiations.

The key is having lawyers who aren’t afraid of the courtroom but also know when settlement serves your family’s best interests.

What is the difference between a wrongful death claim and a survival action?

This question comes up frequently because both legal actions can arise from the same incident, but they serve different purposes and compensate different losses.

Wrongful death claims compensate surviving family members for what they’ve lost due to their loved one’s death. These damages include loss of financial support, loss of companionship and guidance, and mental anguish experienced by survivors. The focus is entirely on how the death has impacted the surviving family.

Survival actions recover damages the deceased person could have claimed if they had survived their injuries. These include pain and suffering your loved one experienced between the injury and death, medical bills incurred during treatment, and lost wages from the time of injury until death.

Think of it this way: wrongful death claims ask “What did the family lose?” while survival actions ask “What did the deceased person suffer?”

Who can file each type of claim differs too. Wrongful death claims can be filed by the surviving spouse, children, parents, or estate representative. Survival actions must be filed by the estate representative on behalf of the deceased person’s estate.

Both claims can be pursued simultaneously, and they often are when the deceased person survived for some time after the initial injury. For example, if your loved one was injured in a crash and died three days later in the hospital, you might pursue both the wrongful death claim for your family’s losses and a survival action for the pain and medical expenses your loved one endured.

Understanding these distinctions helps ensure your family pursues all available compensation. Experienced Austin wrongful death lawyers will evaluate whether both types of claims apply to your situation and handle the legal complexities of pursuing multiple actions.

Conclusion & Next Steps

Losing a loved one because of someone else’s carelessness changes everything. The grief feels overwhelming, and suddenly you’re facing financial worries on top of emotional pain. While nothing can bring back your loved one, pursuing a wrongful death claim can provide the financial stability your family needs and ensure the responsible party faces consequences for their actions.

The legal system might seem intimidating right now, but you don’t have to steer it alone. Austin wrongful death lawyers who truly understand these cases can handle the complex legal work while you focus on healing and supporting your family through this difficult time.

What makes the difference in wrongful death cases? Experience matters. Insurance companies know which attorneys are prepared to fight and which ones aren’t. They offer better settlements when they know your lawyer has the trial experience and resources to take them to court if necessary.

At Slingshot Law (Gibbs & Crivelli), we’ve built our reputation fighting insurance companies for fair compensation. We understand the tactics they use to minimize payouts, and we know how to counter them effectively. Our team has the trial experience and financial resources necessary to fully investigate your case and pursue maximum compensation for your family.

We serve families throughout the Austin area, including Cedar Park, Georgetown, Round Rock, and San Marcos. Every family deserves justice, regardless of where they live or their financial situation. That’s why we work on contingency—you pay no attorney fees unless we win your case.

Time is critical in wrongful death cases. Texas law gives you only two years from the date of death to file your claim, and evidence can disappear quickly. The sooner you contact us, the better we can preserve important evidence and protect your rights.

Your next steps are simple: Contact us today for a free consultation. We’ll review your case, explain your rights under Texas law, and help you understand your options. There’s no pressure and no cost to learn how we can help your family.

While you’re grieving, we’ll handle the insurance companies, gather evidence, and fight for the compensation your family deserves. You shouldn’t have to worry about legal deadlines and complex paperwork during this painful time.

More info about wrongful death representation

Your loved one’s life mattered. Let us help you seek justice and secure your family’s future. Contact Slingshot Law today—we’re here to fight for you when you need it most.