Austin Wrongful Death Lawyer
Losing a family member is traumatic for you and your relatives. Seek the justice they deserve by enlisting the help of a lawyer for your Austin wrongful death claim.
When you’ve lost a loved one, you’re likely reeling from the grief and devastation you and your family are experiencing. The pain can feel overwhelming, but when you believe someone else was responsible for their death, the sense of injustice can feel insurmountable.
Fortunately, Texas laws allow families to file a wrongful death claim as a way to secure justice for their deceased loved one. Winning a fatal injury claim isn’t easy, but your Austin wrongful death lawyer can help. Reach out to our attorneys at Crain Brogdon, LLP. if you’re struggling to obtain the compensation your family deserves.
Eligibility to File
When you’re considering a wrongful death claim, one of your first concerns might be whether you’re eligible to file. The person who was harmed is no longer alive to ensure justice is served. Who, then, should file in their stead?
Because eligibility can be complex, Texas lawmakers have narrowed the people who are eligible to file down to a short list of family members. This includes the following:
- The surviving spouse
- Children, including adopted children
- Parents of the deceased
Once you’ve determined that you’re the party responsible for filing the claim, you’ll then need to identify who should be liable for the damages. This is the person your lawyer will name as the defendant. Identifying the liable party is, of course, a crucial part of your wrongful death claim.
Typically, the person responsible will depend on what caused the fatal injuries. For example, if your loved one was killed in a car accident, the other driver might have been the one responsible for the crash. However, if they were in a single-car accident, they might have been fatally injured because the car manufacturer didn’t ensure their products were safe, for example.
If you’re not sure what factor or factors led to your loved one’s death, reach out to an Austin lawyer. Your attorney can investigate the accident and use all available resources to determine the person responsible and ensure they are brought to justice.
Compensation for Your Family
When you’ve lost a loved one, the effect on your life goes beyond emotional. You will also be looking at unplanned expenses, such as final medical costs and burial expenses. These items can add up quickly, and leave you struggling to manage both your grief and the additional financial strain.
Fortunately, your wrongful death compensation should cover all of those damages. Your damages will be categorized as either economic or non-economic. The former relates to the ways your life has been and will be affected by the fatal injury. This includes items such as the loss of future income and burial expenses, for example.
Non-economic damages cover the mental and emotional ways you’ve suffered as a result of the wrongful death. Because they’re intangible, these types of losses can be difficult to quantify without the help of an attorney. It’s important to remember that these intangible losses, such as grief and suffering, are just as important as financial damages, and they should be compensated accordingly.
Texas Time Limits Will Affect Your Claim
Keep in mind that you’ll have deadlines for filing your claim. As an eligible family member, if you don’t file within three months of the death, the personal representative of the estate will be eligible to file. If a claim isn’t filed within two years of death, you could be barred from recovery.
Although there are some exceptions to this rule, you’ll need to speak to a Texas attorney if you’re nearing the deadline. By enlisting the help of a qualified and highly trained attorney, you can ensure that your claim will be filed without errors and within the allotted time frame. Your lost loved one deserves justice for their life insensibly ending too soon.
Contact a Texas Attorney After a Wrongful Death
The loss of a family member is never easy, and when someone is at fault for their death, it can feel especially unfair. Fortunately, that’s where Texas’ wrongful death laws can help. If you’re struggling to recover a loved one died because of the actions of a negligent person, you have the chance to seek justice through monetary compensation.
At Crain Brogdon, LLP., we understand how difficult it can be to secure the full funds you deserve for a fatal accident. That’s why we offer free consultations. You’ll know what to expect from us before you sign anything.
Struggling with your family’s loss? Seek out the help you need by calling an Austin wrongful death lawyer. Our team can be reached by calling 214-522-9404 or by filling out the online form below.