Wrongful Death

Austin Wrongful Death Attorney

Have You Lost a Family Member Due to Negligence?

A wrongful death is exactly what it sounds like -- it's a death that never should have happened. It's a death that happened because of another party's negligence or carelessness. Had that party acted more responsibly, the deceased individual would still be alive. According to Texas Statutes section 71.001, an action for wrongful death may be brought if the “wrongful act, neglect, unskillfulness, carelessness, or default” of one party causes the death of another person.

At The Stewart Law Firm, PLLC, we provide comprehensive legal help to people whose lives have been affected by the accidental death of a loved one. We understand how a fatality can have a long-term impact on you and your family. Steadfast in the pursuit of justice for accident victims and their families, we are here to provide you with quality legal help. If you have lost a loved one in a fatal accident, the Austin wrongful death lawyer at our firm is here to help.

How can you benefit from hiring our legal team? Consider the following:

  • We are available 24/7 – we’re here whenever you need us
  • We can accommodate both English and Spanish-speaking clients
  • We are trial-tested litigators with decades of experience
  • You won’t be asked to pay any fees unless we win your case

Ready to proceed with your case? Call us at (512) 271-5112 to request a free consultation.

Let Us Help You Seek Justice for Your Loved One

Losing a loved one such as a spouse or child through the wrongdoing of another person or entity can be a devastating experience for anyone. Our firm would like to extend our condolences. Our wrongful death attorneys in Austin would also like you to know that we can provide the compassionate legal services your family deserves. In addition to bringing closure to your family during this difficult time, a wrongful death claim can provide the financial security your family needs.

You may be entitled to compensation for a number of damages, such as:

  • Loss of consortium
  • Loss of benefits / support
  • Loss of companionship

The damages that are recovered in a personal injury case are paid to compensate the victim’s family and estate for any losses that occurred as a result of the incident. In wrongful death cases, exemplary damages may be recovered if there is sufficient evidence to suggest that the death was caused by an act or omission or gross negligence.

Who Can File a Wrongful Death Claim in Texas?

Texas law states that the surviving children, spouse, or parents of the victim can file wrongful death claim, which can be filed as a group or by one individual. While adult and adopted children are allowed to file wrongful death claims over the death of a parent, the law does not allow surviving siblings to file a claim for the loss of a brother or sister.

Should the surviving family members fail to file a wrongful death claim within three months of the incident, a personal representative of the person’s estate may file the claim. Like most personal injury claims, there is a statute of limitations for wrongful death claims – a claim must be filed within two years of the incident by either a surviving family member or a personal representative. After two years, there’s a chance you may not be able to pursue legal action.

The Burden of Proof in Wrongful Death Actions

Wrongful death claims are hinged on proving that another’s negligence, carelessness, or wrongful conduct more likely than not caused a victim’s death. “More likely than not,” also known as a preponderance of the evidence, is the burden of proof used in the civil justice system. In criminal cases, the burden of proof is higher: beyond a reasonable doubt.

Civil and criminal cases are separate from one another, so you may still be able to pursue and win a civil wrongful death claim regardless of whether there is a criminal case or a defendant is found innocent of committing a crime. Eligible family members can work with our legal team to better determine how fault and liability can be established in their case.

Some of the most common causes of wrongful death include:

Call to Arrange Your Free Consultation: (512) 271-5112

Our legal team has the experience and resources to conduct a thorough investigation under any circumstances. Over the years, The Stewart Law Firm, PLLC has handled thousands of personal injury cases. We believe that negligent individuals should be held responsible for their actions – especially when their actions have resulted in a wrongful death. You can reach our Austin wrongful death lawyer 24 hours a day, 7 days a week, so please do not hesitate to call today.

Contact our wrongful death attorneys in Austin to obtain the client-focused representation you deserve.