Austin Wrongful Death Attorneys

Securing Justice for Families After Tragic Loss in Austin

Following the sudden loss of a loved one due to another party’s negligence, families face unimaginable grief and financial devastation. A wrongful death claim is the only way to hold the at-fault party accountable for your losses. 

At LGR, our Austin wrongful death attorneys provide compassionate advocacy and aggressive legal action. Contact us today for a free, confidential consultation.

What Is a Wrongful Death in Texas?

Under Texas law, a wrongful death occurs when an individual dies due to another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” The law allows certain family members to file a civil lawsuit for damages when the deceased would have been entitled to file a personal injury claim had they survived.

Defining the Texas Wrongful Death Act

A wrongful death claim is founded on the idea that the death was preventable and resulted from negligence or recklessness. The claim operates independently of any criminal charges that may be filed against the defendant.

Proving Liability and Damages in Wrongful Death Claims

To succeed in a wrongful death claim, the survivors must prove four elements by a preponderance of the evidence (more likely than not):

1. Duty of Care: The defendant owed the deceased a legal duty to act reasonably (e.g., a driver’s duty to follow traffic laws).
2. Breach of Duty: The defendant violated that duty (e.g., distracted driving or speeding).
3. Causation: The breach directly caused the death.
4. Damages: The surviving family members suffered quantifiable losses as a result of the death.

Who Can File a Wrongful Death Lawsuit in Austin, Texas

The right to file a wrongful death lawsuit is strictly limited to statutory beneficiaries:

• The deceased’s surviving spouse.
• The deceased’s children (biological and legally adopted).
• The deceased’s parents (biological and legally adoptive).

Siblings, grandparents, and divorced spouses generally cannot file a claim. 

If statutory beneficiaries do not file a claim within three months of the death, then the decedent’s personal representative (an executor or administrator of the estate) can file a lawsuit on behalf of the family.

What Is a Wrongful Death vs. Survival Action?

In Texas, survivors often file two separate but related claims:

• Wrongful Death Lawsuit: Compensates the surviving family members for their losses from the date of death onward
• Survival Action: Filed on behalf of the deceased person’s estate. This claim recovers damages the deceased suffered between the moment of injury and the time of death. The recovered funds go to the estate for distribution.

Do I Need an Austin Wrongful Death Attorney to File a Claim?

Hiring an experienced wrongful death attorney in Terrell or Austin is critical to successfully filing a claim, particularly due to the profound legal and financial stakes involved.

Navigating Strict Texas Wrongful Death Law

Wrongful Death claims are governed by Texas Civil Practice and Remedies Code Chapter 71, which is strict regarding who can sue and specific deadlines related to the claim. 

Insurance companies aggressively exploit any procedural error to dismiss these high-value claims. An Austin wrongful death lawyer at LGR ensures compliance with all deadlines and legal requirements, protecting the family’s right to pursue compensation.

Valuing Lifetime Losses in Wrongful Death Claims

The compensation sought in a wrongful death suit is complex, including lost future financial support and non-economic damages (grief, loss of companionship) over the decedent’s expected lifetime. 

A skilled attorney can work with forensic economists to accurately value these losses and pursue maximum recovery, including seeking punitive damages against grossly negligent parties like a drunk driver.

LGR’s Proven Process in Austin Wrongful Death Claims

Navigating a wrongful death lawsuit in Austin and Terrell requires a meticulous, multi-stage legal process designed to gather irrefutable proof of negligence and accurately calculate the family’s immense, lifelong losses. 

Immediate Evidence Preservation and Investigation

We understand that critical evidence vanishes quickly, particularly in fatal accident cases. The moment we are retained, we initiate our aggressive investigative protocol.

• Securing the Scene: We send investigators to document the accident site (whether a car crash, job site, or premises) and issue Spoliation Letters to all defendants to prevent the destruction of physical evidence, vehicle data, or surveillance footage.
• Proving Negligence: We secure time-sensitive documents, including police reports, autopsy results, and toxicology reports (critical in DWI cases), to establish the at-fault party’s clear liability and gross negligence.

Comprehensive Loss Valuation and Expert Testimony

Since compensation is calculated over the decedent’s expected lifetime, accurate financial modeling is essential. We focus on valuing both the economic and non-economic void left behind.

• Financial Expertise: We partner with forensic economists to calculate the present-day value of lost future income, lost inheritance, and lost pension benefits that the deceased would have contributed to the family.
• Non-Economic Loss Documentation: We gather emotional and relational evidence—testimony from family members, counselors, and friends—to demonstrate the loss of love, comfort, companionship, and guidance suffered by the spouse, children, and parents. This is vital for maximizing mental anguish damages.

Aggressive Pursuit of Maximum Recovery

Our trial preparation distinguishes our firm. We approach every wrongful death claim as if it will go before a Travis County jury, which gives us maximum leverage during negotiation with corporate insurance carriers. 

We aggressively pursue punitive damages when warranted, ensuring the final settlement provides financial stability for the family’s future while delivering a necessary measure of accountability.

Compensation in Texas Wrongful Death Cases

Compensation in a Texas wrongful death case is designed to address the catastrophic loss suffered by the decedent’s surviving family members, not just the expenses of the death. 

The final award is often substantial because it covers losses projected over the survivor’s expected lifespan. Civil claims can seek two primary categories of damages.

Wrongful Death Damages

These compensate the statutory beneficiaries for their personal losses, including:

• Lost Earning Capacity: The financial support and inheritance the deceased would have provided.
• Loss of Companionship & Society: Compensation for the grief, love, comfort, and guidance lost by the family.
• Mental Anguish: Damages for the emotional pain and distress suffered by the survivors.
• Funeral and Burial Expenses: Costs related to the final arrangements.

Survival Action Damages

These compensate the deceased person’s estate for losses incurred between the time of injury and death, such as medical bills and conscious pain and suffering. Punitive damages are also recoverable in these actions if the defendant was grossly negligent (e.g., a drunk driver).

Will I Have to Go to Court in an Austin Wrongful Death Lawsuit?

You likely will not have to go to court for a wrongful death lawsuit. While a lawsuit must often be filed to meet legal deadlines, the vast majority of wrongful death claims (over 95%) settle before reaching a trial verdict.

The legal process prioritizes out-of-court resolution, primarily through mediation.

What Is Wrongful Death Case Mediation

In Texas, judges often order mediation before a trial date is set. This is a confidential negotiation process led by a neutral third party (the mediator). 

Mediation allows both sides to discuss the case, settle disputes over compensation, and reach a legally binding agreement without the expense and emotional toll of a public trial.

Trial is a Last Resort in Texas Wrongful Death Cases

A trial only occurs if the defendant’s insurance company refuses to offer a fair settlement that reflects the family’s financial losses and grief. 

Your Austin wrongful death attorney prepares the case for trial to demonstrate strength, which is often the leverage needed to secure a maximum settlement during mediation.