Losing a loved one because of someone else’s careless actions can leave families grieved, financially stressed, and uncertain about the future. Filing an Austin wrongful death action may allow surviving family members to pursue compensation and hold the responsible party accountable.
A wrongful death attorney can help gather evidence, communicate with insurance companies, review medical and accident records, and manage court filings throughout the wrongful death process. Early legal guidance may also help preserve important evidence and ensure that you do not miss your filing deadlines.
Texas Civil Practice and Remedies Code § 71.004 limits who has the right to pursue a wrongful death claim after a fatal accident, which generally includes the deceased person’s spouse, children, and parents. These claims often arise after car accidents, trucking collisions, workplace incidents, dangerous property conditions, or other fatal negligence.
In situations like these, a wrongful death lawyer in Austin can help determine who has the legal right to pursue compensation in a claim and whether multiple family members should participate in the case together. Damages in these claims may include:
Our attorneys also investigate whether additional parties may share responsibility for the death, such as employers, property owners, or commercial insurance carriers.
Strong evidence is critical when pursuing a wrongful death claim in Austin. Insurance companies often dispute liability or attempt to minimize the value of damages. Building a persuasive case requires collecting and preserving evidence as early as possible.
Our attorneys help families gather:
Acting quickly can make a major difference because evidence may disappear over time. Witness memories can fade, technicians may repair vehicles, and businesses may delete important electronic records. Involving an accident attorney early in the process can protect critical information before it is gone.
In most situations, state law requires the filing of wrongful death lawsuits within two years of the person’s death under Tex. Civ. Prac. & Rem. Code § 16.003(b). Missing this deadline can prevent surviving relatives from recovering compensation entirely.
Although two years may sound like a long time, many families grieving after a sudden loss are also focused on financial issues and daily responsibilities. During this period, insurance companies may already begin preparing defenses against the claim. Meanwhile, a wrongful death claim lawyer in Austin can help ensure you meet filing deadlines while building the strongest possible case for your family.
Some limited exceptions may apply in rare situations, such as cases involving minors or concealed wrongdoing. Because judges apply these exceptions in limited situations, families should seek legal advice as soon as possible.
If your family is considering filing an Austin wrongful death action, our team is ready to help you understand your legal options and pursue compensation on your behalf. At Fleming Law Accident & Injury Attorneys, we have more than 30 years of experience helping families through complex fatal accident claims.
Our firm includes board-certified attorneys who personally handle cases and fight for accountability after serious losses. We understand the emotional and financial challenges families face after losing someone unexpectedly. Contact a seasoned lawyer today for a free consultation.
(713) 221-6800 