Wrongful Death Attorneys in Austin

There is nothing more difficult than dealing with the death of a family member. Knowing that your loved one's death could have and should have been prevented can make the healing process even more difficult. At Howry Breen & Herman, we strive to hold negligent parties liable for their actions. With nearly 25 years of legal experience, our Austin wrongful death attorneys can help you fight for the justice and recovery you deserve. We understand how difficult your situation is, which is why we provide compassionate, personalized legal services and uncompromising representation you can count on. We are here to help you navigate the legal system so that you can focus on grieving, honoring the lost one, and moving forward.

To discuss your case with our attorneys, call us at (512) 430-4844 or contact us online.

What Is "Wrongful" Death?

Wrongful death refers to a legal claim brought against a person or entity (such as a company or organization) whose negligent, reckless, or intentional actions result in someone's death. It is a civil action filed by the surviving family members or beneficiaries of the deceased seeking compensation for the losses they have suffered due to the death. There are many different types of incidents that can lead to a wrongful death.

At Howry Breen & Herman, we have handled wrongful death claims resulting from:

• Aviation accidents
• Bicycle accidents
• Bus accidents
• Car accidents
• Golf cart and utility vehicle accidents
• Construction accidents
• Defective products
• Defective drugs
• Oilfield accidents
• Medical malpractice
• Motorcycle accidents
• Unsafe premises
• Truck accidents

If your loved one was killed, and you believe negligence played a role, our firm can help. Our Austin wrongful death lawyers will look at every aspect of your situation in order to determine the best course of action. No matter how complex or difficult your case may be, we can provide answers to your questions as we work to build a strong case on your behalf.

An Overview of Wrongful Death Law

Experiencing the loss of a loved one due to someone else's negligence is an incredibly painful ordeal. At Howry, Breen & Herman, LLP, we believe that understanding your legal rights in such tragic circumstances is crucial for your peace of mind and for seeking justice. Our compassionate team is here to guide you through the complexities of wrongful death claims, ensuring that you are informed every step of the way.

Here are some key points to consider regarding your rights:

• Right to Compensation: You may be entitled to seek compensation for medical expenses, funeral costs, lost income, and emotional suffering.
• Statute of Limitations: It's important to be aware of the time limits for filing a wrongful death claim in Texas. Typically, you have two years from the date of death to initiate legal proceedings.
• Who Can File: In Texas, only certain individuals, such as immediate family members, can file a wrongful death claim. Understanding your standing is essential.
• Proving Negligence: To succeed in a wrongful death case, you must demonstrate that the death resulted from another party's negligence or wrongful actions.

Our experienced attorneys will work diligently to gather evidence, build a strong case, and advocate for your rights in negotiations or court. We understand that this is a sensitive time, and we are committed to providing you with the support you need.

Contact us today for a free consultation to discuss your situation and learn how we can help you seek justice for your loved one.

Who Can File a Wrongful Death Lawsuit in Texas?

Texas law states who can—and who cannot—file a wrongful death claim. A surviving spouse, child, or parent of the decedent may file a claim. An adopted child or the adoptive parent(s) of the decedent may also file a claim if the adoption was legal and fully completed prior to the accident. Unfortunately, Texas law does not allow siblings to file a wrongful death claim if their brother or sister is killed.

The surviving spouse, child, or parent of the decedent may pursue certain damages, including but not limited to:

• Medical treatment for injuries prior to death
• Funeral/burial expenses
• Pain, suffering, and emotional distress
• Lost earning capacity
• Lost inheritance
• Loss of companionship/love

It is also important to note that the statute of limitations for filing a wrongful death claim in Texas is two years. This means that surviving family members have two years from the date of death to file a claim.

Proving a Wrongful Death Lawsuit in Texas

In Texas, proving a wrongful death claim involves establishing several key elements. These elements typically include:

• Duty of Care: The plaintiff (the person bringing the lawsuit) must demonstrate that the defendant (the person or entity being sued) owed a duty of care to the deceased. This duty of care can vary depending on the circumstances but generally refers to a legal obligation to act reasonably to prevent harm to others.
• Breach of Duty: The plaintiff must show that the defendant breached their duty of care owed to the deceased. This means proving that the defendant failed to act in a reasonable manner or otherwise acted negligently or wrongfully.
• Causation: The plaintiff must establish that the defendant's breach of duty was the direct cause of the deceased's death. This involves demonstrating that the defendant's actions (or inaction) were a substantial factor in bringing about the death.
• Damages: The plaintiff must provide evidence of the damages resulting from the death, including both economic and non-economic losses. Economic damages may include medical expenses, funeral costs, and loss of financial support, while non-economic damages could encompass pain and suffering, loss of companionship, and emotional distress.

Compassionate Legal Counsel. Aggressive Advocacy.

At Howry Breen & Herman, we sit down with each and every client for an in-depth consultation. We listen with an empathetic ear, working to understand your personal objectives and goals. From there, we can help you begin to build a case centered on in-depth analysis, thorough investigation, and careful examination of the facts. We offer open, honest communication and uncompromising representation every step of the way. With decades of litigation experience, we are fully prepared to take your case to trial if necessary. We have handled thousands of cases and obtain full and fair compensation for our clients throughout Austin, Georgetown, and the surrounding areas.

Contact us at (512) 430-4844 to schedule your free, no-obligation consultation today.