Austin Wrongful Death Lawyers

Austin Texas Wrongful Death Attorneys.

Compassionate Counseling And Assertive Advocacy here for you in this tragic time


What is Wrongful Death in Texas?

Wrongful death is defined by Texas law if any of the following cause the death:

  • Wrongful act of another party
  • Carelessness of another party
  • Neglect of another party
  • Default of another party
  • Unskillfulness of another party

If you believe a loved one died and that someone else’s conduct was to blame, you should immediately have an Austin wrongful death lawyer evaluate your rights. The law firm of Terry & Kelly, PLLC regularly handles wrongful death stemming from a variety of accidents and incidents. These can include:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle accidents 
  • Boating accidents
  • Premises liability accidents
  • Defective product accidents
  • Assaults
  • Nursing home neglect or abuse

There are many other ways wrongful death can occur, and our firm can evaluate whether a particular fatal accident constitutes wrongful death in Texas. 

Are You Eligible to File a Claim?

Just because you cared for someone who died in an accident does not mean that you have the right to file a wrongful death claim. Texas limits this right to close family members, such as:

  • Surviving spouse
  • Children, including adult or adopted children
  • Parents, including adoptive parents

If any of these parties do not start the claim process within three months of the death, the personal representative of the deceased person’s estate can file a claim (unless they are specifically asked not to do so by close family members). This person will be designated in a last will and testament or by the probate court if there is no will. 

If you believe you might be eligible to file a wrongful death claim, you should not wait to discuss a possible case with a wrongful death lawyer. 

Wrongful Death Claims vs. Criminal Cases

In some situations, the person who caused wrongful death will be charged with manslaughter, homicide, or another criminal offense due to their wrongful conduct. Do not mistakenly believe that this case is a substitute for a wrongful death claim. Criminal cases are intended to punish the wrongdoer, and not necessarily to help the family recover. Instead, a separate action for wrongful death should be filed in civil court to seek damages for the family from the liable party. You can file a wrongful death claim even if there is no conviction in a criminal case or no criminal charges are issued at all. 

What is the Wrongful Death Claim Process?

The wrongful death claim process is similar to the personal injury process, and there can be many steps to take and obstacles that might arise. While each claim is unique, the following are some common steps the right lawyer will take as part of the process:

  • Evaluating whether you have a valid claim and identifying liable parties
  • Calculating the damages you can seek from the wrongful death
  • Filing an insurance claim on your behalf
  • Negotiating a favorable and fair insurance settlement
  • Filing and pursuing a wrongful death lawsuit if no insurance settlement can be reached

It is important to have legal representation during this process so that your family can focus on your emotional recovery from your tragic loss. 

We recognize that losing a loved one due to another person’s negligence is one of the most traumatic things that you can experience in life.

We understand that this loss not only puts you under emotional distress but also leaves you with important questions about how the loss of your loved one’s income will alter your everyday life and affect your financial stability.

Jim Terry and Trent Kelly our Austin wrongful death attorneys represent clients throughout Texas in situations where a loved one has been taken from their families by someone’s careless, or even reckless, actions. We guide you through the entire legal process surrounding a wrongful death claim and serve as trusted counsel at every stage of your case.

Read more on How A Death is Considered Wrongful, to find out if you can take action!

Protecting Your Interests Is Our Main Priority

While Jim and Trent aim to resolve these matters as quickly as possible so that you can move forward and begin the emotional grieving and healing process, they will take your case as far as needed to help you obtain the compensation you deserve and hold the negligent party accountable for the immense loss they caused.

Should trial become necessary, you can rest assured that your case is in good hands; Jim and Trent’s proven courtroom strategies have led to many notable successes, and have given them a reputation with opposing lawyers and insurance carriers as powerful advocates whose clients must be taken seriously. When insurance carriers for the negligent party try to diminish the impact of the loss, or even shift blame to your loved one, we stand up for you and your loved one and fight to protect your interests.

Contact Wrongful death attorney Austin at Terry and Kelly PLLC, today!

If you have lost a loved one in a fatal accident or any other injury-causing scenario caused by someone’s negligence, we can provide you with the representation you need and the answers you deserve.

We will treat your individual case with compassion and confidentiality at all stages. Call 512-910-2000 or fill out our online form to arrange a free consultation.

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We handle cases on a contingency-fee basis, meaning costs come out of your recovery, not your pocket.