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Call for a Free Case Evaluation (512) 474-0222
Call for a Free Case Evaluation (512) 474-0222

Austin Wrongful Death Lawyer

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Austin Wrongful Death Lawyer

If you’ve recently experienced the sudden and tragic death of a family member in an accident in Austin, Texas, call McMinn Personal Injury Lawyers. As a spouse, parent, or child of an accident victim, you may have the right to demand compensation for resulting financial stress and harder-to-value suffering. Our experienced Austin wrongful death lawyers are here to help you make the most of your fight for justice.

Since 2005, grieving families in Austin and throughout Texas have trusted our award-winning law firm to help them fight back after gut-wrenching losses. We’re award-winning trial lawyers with over 40 years of experience who have helped clients win in excess of $500 million in settlements and jury awards.

When you ask for our help after the wrongful death of a loved one in Austin, TX, we’ll do everything in our power to help you get top results, too. Contact our Austin law office today at (512) 474-0222. Your first consultation with our Austin wrongful death attorneys is free.

How McMinn Personal Injury Lawyers Can Help Your Family After a Fatal Accident in Austin, TX

How McMinn Personal Injury Lawyers Can Help Your Family After a Fatal Accident in Austin, TX

Losing someone you love is never easy. You need time to grieve your loss, but that can be hard if you’re also trying to navigate a complex legal claim for damages in Austin, TX. Fortunately, you do not have to go through this season of your life on your own. 

Our Austin personal injury lawyers are here to lend the support, guidance, and advocacy you need to make the best of a terrible situation.

Choosing McMinn Personal Injury Lawyers means working with attorneys who have been recognized as best-in-class litigators by respected organizations such as The National Trial Lawyers, Super Lawyers, Avvo.com, and the American Institute of Personal Injury Attorneys. We strive to have a positive impact on the lives of each and every client we represent, and our case results – which include hundreds of millions in damages – are a testament to the work we do.

Focus on moving forward and trust our top-rated Austin personal injury attorneys to handle the rest:

  • Coordinate a thorough independent investigation into your loved one’s wrongful death
  • Determine causation and liability so that we can begin to build a compelling legal claim on your behalf
  • Gather important pieces of evidence to support your legal claim for damages
  • Enlist expert witnesses to weigh in throughout the claims process
  • Determine the best way to challenge and dispute allegations of contributory negligence
  • Calculate what your wrongful death case is worth
  • Force the defense to engage in productive and honest settlement negotiations or face our award-winning Texas trial attorneys in court

Don’t stress about how you’ll pay for legal help. At McMinn Personal Injury Lawyers, we represent grieving families in Austin on a contingency fee basis. It costs you nothing to hire our personal injury law firm unless we win compensation for your wrongful death case.

Contact our Austin law office today to learn more. There’s no charge for your initial case evaluation with our Austin wrongful death lawyers.

What Is Wrongful Death?

If you get hurt in an accident in Austin, Texas, you would reserve the right to file a personal injury lawsuit against the person (or parties) responsible for your injuries. Just because an accident is fatal does not mean that the responsible party should be let off the hook.

In Texas, wrongful death claims help to ensure that accident-related damages can be recovered even when an accident is fatal.

A wrongful death lawsuit can be raised when a person’s death is the result of another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” 

Just about any act of negligence or act of violence can give rise to a wrongful death claim, including:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Bus accidents
  • Mass transit accidents
  • Boating accidents
  • Slip and fall accidents
  • Dog bites
  • Matters of premises liability
  • Assault
  • Sexual assault
  • Negligent security
  • Defective products
  • Workplace accidents
  • Construction accidents
  • Medical malpractice
  • Nursing home abuse
  • Birth injuries

If you’ve lost a close family member in an avoidable accident or because of an act of criminal violence in Austin, call McMinn Personal Injury Lawyers. We can help you understand your rights and, if appropriate, assert a legal claim to get the compensation you and your family deserve.

Do I Have the Right to File a Wrongful Death Lawsuit in Texas?

Under the state’s Wrongful Death Act, only certain individuals reserve the right to initiate a wrongful death lawsuit.

This includes the victim’s:

  • Spouse
  • Child(ren)
  • Parent(s)

If none of these parties survive the victim, or if one of these parties does not bring a claim within three months of the victim’s death, the personal representative of the victim’s estate can take legal action.

Can Shared Fault Affect a Wrongful Death Settlement?

Texas’s modified comparative negligence statute applies to most civil personal injury cases. This includes matters of wrongful death.

Rather than considering the plaintiff’s shared fault, the decedent’s comparative negligence is a factor when determining how much compensation can be awarded through a settlement or jury award.

Damages can be awarded on a reduced basis when a decedent’s shared fault is less than 51 percent. For instance, if your spouse was killed in an Austin car accident and was assigned 15 percent of the blame for their fatal crash, the damages awarded in a related wrongful death claim would be reduced by 15 percent.

Damages cannot be awarded if a decedent’s shared fault exceeds half. In these situations, families will be unable to recover compensation from a liable third party.

Your loved one is not here to defend themselves against claims of shared fault. They can’t tell their side of the story. Our wrongful death attorneys in Austin will step in and do everything in our power to make sure their good name is protected and that they’re not unjustly assigned responsibility for their fatal injuries. 

The less liability they share, the more money your family can potentially recover when your wrongful death claim is resolved.

What Types of Damages Can Be Awarded in an Austin Wrongful Death Case?

In Texas, a wrongful death lawsuit can be filed to help surviving family members cope with the losses and trauma that arise when a loved one dies unexpectedly.

Two types of compensatory damages can typically be sought in a legal claim: economic and non-economic.

Economic or pecuniary damages are awarded to help surviving family members deal with the harsh financial consequences of a loved one’s death, such as:

  • Value of lost wages, income, and benefits
  • Value of household services provided by the victim
  • Loss of inheritance
  • Funeral expenses

Non-economic  or non-pecuniary damages can be awarded to help a spouse, child, and/or parent deal with much more personal and subjective losses, such as:

  • Loss of love, companionship, society, and comfort
  • Emotional pain and suffering
  • Mental anguish
  • Loss of consortium

An additional category of damages, known as punitive awards, may also be available if your wrongful death lawsuit goes to trial. In these situations, a jury can decide that extra damages are appropriate because a defendant’s conduct was clearly malicious or grossly negligent.

Our Austin wrongful death attorneys will work closely with experts as we assess your damages and calculate what your wrongful death case is worth. When it’s time to negotiate a settlement, we’ll be prepared with solid evidence, expert testimony, and persuasive evidence to help your family secure the top-dollar settlement offer you deserve.

If the defense refuses to make a fair settlement offer, they’ll be left with no choice but to take on our award-winning Texas trial attorneys in court. There, we’ll argue your family’s case passionately in front of a jury and advocate for you to receive a life-changing monetary award.

How Long Do I Have to File a Wrongful Death Lawsuit in Texas?

Texas applies a two-year statute of limitations to most personal injury claims, including cases of wrongful death.

You must have your legal claim filed within the applicable statute of limitations if you want to reserve the right to get compensation for your loss.

Protect your legal rights and financial future by connecting with our top-rated wrongful death attorneys in Austin, Texas, right away. Our team is standing by to take your call right now.

Schedule a Free Consultation With an Experienced Austin Wrongful Death Lawyer

Have you experienced the death of a spouse, child, or parent in an accident in Austin, Texas? Call McMinn Personal Injury Lawyers for help right away. You should have the right to demand monetary justice if someone else was careless and caused your loss. Our experienced Austin wrongful death lawyers can help you make things right.

Families in Texas choose our law firm because we’re award-winning litigators with a proven ability to win tough cases. With over 40 years of combined experience, we have successfully recovered over $500 million in damages for our clients.

Reach out to our Austin, TX, law office to learn more and schedule a time for a complimentary case evaluation. 

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