Wrongful Death

Wrongful Death Lawyer Serving Austin, TX Victims, and Their Families

A death in a family is an extremely difficult thing to deal with. Even more so when your loved one is the victim of wrongful death. Wrongful death by definition is the death of a person due to the wrongful or negligent conduct or action of another. Where the legal industry is concerned, it represents a civil action wherein damages are sought by surviving members of the family, against a responsible party. The laws that govern wrongful death suits may vary by state. This makes it even more important that you reach out to a skilled Austin Wrongful Death Lawyer. At Treviño Trial Law, PLLC, our compassionate and trusted attorneys know how to seek the compensation you deserve.

Common Causes In Wrongful Death

  • Medical malpractice
  • Car collisions, including drunk driver accidents
  • Motorcycle accidents
  • Defective or dangerous products
  • Defective or dangerous drugs or medical devices
  • Truck accidents, including 18-wheeler collisions
  • Violent criminal act
  • Work-related accidents

Because wrongful death lawsuits seek to provide compensation for the family members of those who have died as a result of reckless and negligent acts, willful or otherwise, by another person or entity, it stands to reason that an actual legal claim must be made. Who may initiate these suits can vary from state to state. In Texas, spouses, adult children, and parents may file a claim. This can be done singularly or as a group. There are additional provisions designed to address extended family, adoptive family members, and others as follows:

CAN – Adopted child. If the child of a wrongful death victim was legally and fully adopted, they may file. However, that adopted child may not similarly file a claim for the wrongful death of his or her biologically-related parent.

CAN – Adoptive parents. Similarly to the above, the adoptive parents may file suit in connection to the loss of their legally adopted child.

CAN – Personal representative or executor. If not otherwise filed by an immediate family member, a personal representative or executor can file a claim within three months of the date of death, unless it is specifically requested by the family member that they do not.

CANNOT – Siblings, grandparents, non-marital or same-sex partners. At this time, Texas law prevents the assertion of a wrongful death claim by siblings, grandparents, non-marital or same-sex partners.

Like in many personal injury cases, Texas has set forth a Statute of Limitations for when a wrongful death claim must be filed. Per Tex. Civ. Prac. & Rem. Code § 16.003(b) “A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person”.

Damages in a Wrongful Death Case

While nothing can bring back your loved one or even possibly make up for their loss, wrongful death suits can help ease the financial burden you and your family may encounter in the weeks, months, and years following their untimely passing. Some of the economic and non-economic damages that can be sought in a claim include:

  • Loss of income and earning capacity.
  • Loss of future inheritance, or what the deceased may reasonably have saved and left to surviving family members.
  • Loss of household services (care, maintenance, support, and advice or counsel that would have been provided by the victim).
  • Loss of love, companionship, comfort, etc.
  • Emotional or mental anguish, pain and suffering.

How Austin Wrongful Death Attorney Jaime Treviño Can Help

At Treviño Trial Lawyers, PLLC we cannot erase the pain grieving families feel, but we can help obtain the justice they deserve and make their future more secure. Our goal is to maximize your recovery and help you get your life back on track after tragedy strikes.

Call Treviño Trial Lawyers Today

While is it not legally required that you retain an attorney after a wrongful death in Texas, it is highly recommended. The skilled and compassionate Austin Personal Injury attorneys at Treviño Trial Law, PLLC will put their years of experience to work for you. Call today at (512) 401-3444 or contact us online. We offer free, confidential consultations.