Representing Surviving Families Whose Loved One Passed Away in an Accident

When a life is lost due to the negligence of another person or business, family members often do not know where to turn for help. Above and beyond the emotional turmoil of losing a loved one, surviving families also face overwhelming financial challenges.

Because of this, it is important to have an experienced and compassionate wrongful death attorney at your side. Aaron Allison follows his own father’s career as a personal injury lawyer in Austin. He is ready and able to assist grieving families in the aftermath of an extreme tragedy. Attorney Allison is a trial litigator who will take care of the legal and financial implications of your loved one’s death. This then allows you and your family to focus on your own emotional and physical well-being.

The Definition of Wrongful Death in Texas

The definition of wrongful death is the passing of a person as a result of the wrongful actions of another person. The wrongful actions can be either intentional (such as acts of violence), negligent (such as reckless driving), or death in the course of another criminal act (such as during a robbery).

Multiple parties may be held responsible for a wrongful death. You may be able to sue an individual for their actions but may also be able to recover damages from third parties like an employer, a property owner, an auto manufacturer, a machine parts operator, or other liable entities. Consult with an attorney to determine who can be found at fault in your specific case.

A wrongful death case is a civil case. A surviving loved one or family member of the deceased person may be entitled to compensation for the loss of their loved one and may sue for financial costs, loss of economic support, emotional damages, and more. A private citizen, such as a parent, child, or spouse, can file a wrongful death case against another person, regardless of the status of a criminal case that may be prosecuted by law enforcement.

A wrongful death claim has a lower burden of proof than a criminal case. You must prove your case based on a preponderance of the evidence, which is a lower standard than the reasonable doubt standard in a criminal case. This is why some people are sometimes acquitted in a criminal case but still found liable in a wrongful death lawsuit. However, you still need to gather compelling evidence to prove your case in court.

What Damages Can a Wrongful Death Attorney Secure?

If you are the spouse, child, or parent of the person who has lost their life in an accident, then you are able to file a Texas wrongful death lawsuit under personal injury law against the responsible party. Of course, no amount of money can ever make up for the loss of a person. The only way our justice system works in civil court is to offer the surviving family members compensation for damages. Although this could never make a family whole again, money damages can provide for the future of the surviving family members, including:

• Loss of wages, income, and benefits from the deceased
• Loss of future earnings and loss of inheritance
• Funeral and burial expenses
• Emotional trauma caused by the loss of companionship

Eligible people may also be able to file a separate claim called a “survival action.” A survival action is a civil claim separate from a wrongful death claim, which allows affected family members to recover costs incurred between the loved one’s date of injury and their date of death.

For example, there may have been medical expenses from treatments and care received, lost wages from time missed at work, pain and suffering, or other damages during this period of time. Generally speaking, the executor or administrator of the estate files a survival action on behalf of the deceased person.

During this challenging time, families must bear in mind the importance of an immediate investigation after death. Let our wrongful death attorney use his resources and experience to open a full investigation as to the incident’s cause. The longer family members wait to contact a lawyer, the more likely it is that someone may lose or destroy evidence. Let us help you.

Who Can File a Wrongful Death Claim in Texas?

The rules about who can file a wrongful death claim vary from state to state. In Texas, not all surviving family members can file a wrongful death claim. People who are eligible to file a wrongful death claim are:

• The surviving spouse
• The surviving child or children (minors or adults)
• The surviving parent(s)
• The legally adopted child or children
• The surviving legal adoptive parent(s)
• The representative or executor of the estate

In some states, grandparents and other family members are allowed to file wrongful death claims, but not in Texas. It’s also important to note that stepparents and stepchildren unless they have gone through legal adoption procedures, are unable to file a wrongful death claim in Texas.

Wrongful Death Claim Eligibility

Under Texas law, if the eligible surviving family members do not file a wrongful death claim within three months of the date of the death, then the representative (executor or the administrator) of the deceased person’s estate must file the claim.

If the family of the deceased does not want the executor to file a wrongful death claim, all of the eligible surviving family members must specifically request in writing to not file a claim. If you are an executor or representative who wants to better understand your rights and obligations under Texas law, contact an Austin wrongful death attorney for a free consultation.

Austin-Based Wrongful Death Attorney that Can Help Your Family Move Forward

Wrongful death occurs when the death of a loved one was preventable yet directly caused by the negligence of another person or business. Our Austin personal injury attorney will advise and guide your family on the proper steps to take if your loved one has lost his or her life due to the following:

• Car accident
• Truck accident
• Boating accident
• Bike accident
• Pedestrian accident
• Motorcycle accident
• Workplace accidents
• Death caused by medical malpractice

The Wrongful Death Claims Process and What to Expect

Wrongful death cases in Texas are complex and time-consuming. The process typically takes up to three years and may be much longer with appeals. Here is an overview of the wrongful death claim process.

Determining Eligibility

Who Will File?

Before you consider filing a wrongful death claim, it is important to consider who will file the case and who is eligible to file it. As mentioned above, only parents, children, and surviving spouses are eligible to file a wrongful death claim. While each eligible member may legally file their own wrongful death claim and pursue individual actions, it is more efficient and saves legal costs if the family cooperates and files a single lawsuit and is represented by the same attorney or legal team. If the family wins their case, each survivor will be considered as a separate claimant, and a jury will determine their share of the damages individually.

Who Is the Executor?

Before you determine whether to file your wrongful death case, it is critical to determine whether your loved one left a will. If they left a will, it will probably name the executor or representative of the estate. If they did not leave a will, the court will need to appoint a representative or an administrator.

Who Is at Fault?

Your claim will need to not only hold a specific individual or institution accountable for the death but will need to prove that the death resulted from their negligence, inaction, or intention. Although wrongful death claims have a lower burden of proof than criminal cases, you will still need to gather evidence and prove liability, which can be difficult. It is important to consult with a wrongful death attorney early in the process to determine whether it is possible to prove these claims and hold the person accountable.

Gathering Documentation

Proving the Death

Naturally, before filing a wrongful death claim, you will need to prove that your loved one has passed away. In most cases, this means obtaining a copy of the death certificate.

Investigate the Cause of Death

You will need to obtain documents such as medical records, accident or police reports, witness statements, or other documents related to the cause of death and proof of liability. If possible, you will also want to obtain photos or surveillance footage of the scene. A wrongful death attorney will help you conduct a thorough investigation.

Assess Your losses

Finally, you will need to prove your damages in court. Some of your losses may include things like funeral or burial expenses, medical expenses before death, lost earnings and loss of future income, and other economic damages. Non-economic damages may include loss of companionship or loss of emotional support, and other mental and emotional pain the death may have caused. All of these losses must be proven in court, so retain bills and invoices, pay stubs and receipts, and other items that substantiate your claim.

Filing Your Case

If you and your attorney feel that you have enough evidence to prove your case and that the damages are significant enough to pursue, you will proceed to file the wrongful death lawsuit. The initial complaint will give a general outline of your case, including naming the parties involved, providing the legal basis for your claim, and specifying what you are seeking in compensation.

Subsequent steps may be very different depending on the nature of your case. You may participate in the process of discovery, where you exchange evidence with the defendant. You may engage in negotiations for a settlement. You may begin hearings for a trial. Your attorney will guide you through each of these legal proceedings.

Statute of Limitations for Wrongful Death Claims in Texas

Texas law gives surviving loved ones and family members two years from the date of death in which to file their claim. While two years may seem like a long time, if you review the process above and consider that you must calculate all your damages and conduct a thorough investigation into the death, two years is not long at all. This is why it is important to begin working with an Austin wrongful death lawyer as soon as possible.

In some cases, you may be able to exceed the two-year statute of limitations for your wrongful death claim. If you have special circumstances (for example, if you were unaware that your loved one was deceased or were unable to get the court to declare them legally dead, or if you only recently became aware that their death was due to the negligence of another party), you may be able to get an exception to the statute of limitations. Speak to a wrongful death attorney to determine the next steps in your case.

Offering Compassionate but Aggressive Legal Representation for Wrongful Death

Aaron Allison understands that making the decision to seek legal help after the death of a loved one is challenging. After working in personal injury and accident law for a number of years, Attorney Allison has seen firsthand the extreme emotional turmoil that wrongful death takes on surviving family members.

He understands that each case is unique, and each family needs to be treated with compassion and respect as they go through these complicated issues and legal processes. Attorney Allison is a trial lawyer. This means that if the party at fault does not offer full and fair compensation to settle the case, then he will be an aggressive advocate for your family in court.

Call the Law Offices of Aaron Allison at 512-812-7484 for a free consultation for your case. Alternatively, you can fill out our online form so our office can get back to you shortly. We can evaluate the circumstances surrounding the passing of your loved one. Then, we can explain your options for moving forward.