Austin Wrongful Death Lawyers
Compassionate Legal Support for Families Seeking Justice
Losing a loved one is devastating—especially when their death was caused by someone else’s negligence, recklessness, or wrongdoing. While no amount of money can replace what you’ve lost, pursuing a wrongful death claim can provide financial stability, hold the at-fault party accountable, and help your family begin to move forward.
At Law Offices Of Vic Feazell, P.C., our compassionate and skilled attorneys are here to stand by your side. If you are searching for an experienced wrongful death lawyer, our team has the knowledge, resources, and dedication needed to help families throughout Austin obtain justice.
Have you lost a loved one due to someone else’s negligence? Call Law Offices Of Vic Feazell, P.C. today at (254) 938-6885 or contact us online for a FREE consultation!
What is Wrongful Death?
A wrongful death occurs when a person’s life is taken due to the negligent, careless, or intentional actions of another party. Instead of the victim filing a personal injury claim, their surviving family members or estate representative can pursue compensation on their behalf.
Common causes of wrongful death include:
- Car, motorcycle, and truck accidents
- Drunk driving crashes
- Pedestrian and bicycle accidents
- Workplace and construction accidents
- Medical malpractice
- Defective or dangerous products
- Violent crimes and negligent security
- Nursing home abuse or neglect
Wrongful death claims serve two essential purposes:
- Providing financial compensation to the surviving family.
- Holding the responsible party legally accountable for their actions.
If you believe your loved one’s death could have been prevented, speaking with our Austin wrongful death lawyer can help you understand your legal options.
Texas Wrongful Death Laws
Wrongful death cases in Texas are governed by Texas Civil Practice and Remedies Code § 71.001–71.012. These laws outline who can file a claim, what damages may be recovered, and the deadline for taking legal action.
Texas Statute of Limitations
Most wrongful death lawsuits in Texas must be filed within two years from the date of death. Missing this deadline typically means losing the right to recover compensation. However, some exceptions exist, especially in cases involving minors, fraud, or delayed discovery of the cause of death.
Survival Actions vs. Wrongful Death Claims
Texas recognizes two separate types of claims:
- Wrongful Death Claim: Brought by surviving family members for their own losses.
- Survival Action: Filed on behalf of the deceased person’s estate for the losses the victim suffered prior to death (such as medical bills, pain and suffering, or property damage).
Your attorney can help determine whether you should pursue one or both types of claims.
Who Can File a Wrongful Death Lawsuit in TX?
Under Texas law, only certain individuals are allowed to file a wrongful death claim. Eligible parties include:
- Surviving Spouse: A spouse—whether legally married or common-law—can pursue a wrongful death case.
- Children: Biological and legally adopted children may file. Adult children may also bring a claim.
- Parents: Biological and adoptive parents have the right to pursue compensation.
If none of these individuals file a lawsuit within three months of the victim’s death, the executor or personal representative of the estate may file, unless the family specifically requests that no action be taken.
Siblings, grandparents, and other relatives cannot file wrongful death claims under Texas law.
Compensation for Wrongful Death
While no amount of money can undo a tragic loss, financial compensation can help ease future burdens and ensure your family has the support it needs.
Compensation in a Texas wrongful death claim may include:
Economic Damages
- Loss of financial support
- Loss of household services
- Funeral and burial costs
- Medical expenses related to the final injury
Non-Economic Damages
- Mental anguish and emotional suffering
- Loss of companionship
- Loss of parental guidance
- Loss of consortium
Exemplary (Punitive) Damages
In cases involving gross negligence, recklessness, or intentional wrongdoing, a court may award exemplary damages to punish the defendant and deter similar behavior.
Our Austin wrongful death attorney will work with experts to calculate the full impact of your family’s loss and pursue maximum compensation.
Wrongful Death FAQs
How do I know if I have a wrongful death case?
If your loved one died due to someone else’s negligent or intentional actions, you may have grounds for a claim. An attorney can evaluate the evidence and advise you on your options.
How long does a wrongful death case take?
Timeframes vary widely. Some cases settle in a matter of months, while others—especially those involving disputes over liability—can take a year or more.
Do wrongful death claims go to trial?
Many settle out of court. However, if negotiations fail, your attorney must be prepared to take the case to trial.
How are wrongful death settlements divided among family members?
Texas courts typically divide compensation based on each family member’s level of loss. Families can also agree on their own distribution.
What if my loved one was partially at fault?
Texas follows a modified comparative negligence rule. As long as the deceased was less than 51% responsible, the family may still recover compensation.
Speak With Our Austin Wrongful Death Attorney Today
If you’ve lost someone due to negligence, you should not have to navigate the legal system alone. Let Law Offices Of Vic Feazell, P.C. protect your rights, handle the legal complexities, and pursue justice for your family.
Don’t face this difficult time alone. Let our dedicated Austin wrongful death lawyers help you seek the compensation and closure you deserve. Contact us now!