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Assisting Families with Filing Wrongful Death Claims in AustinLosing a loved one and dealing with his or her untimely death is difficult under any circumstances. However, when a loved one dies in an accident that was caused by another person’s carelessness or recklessness, it can make the already long grieving process all the more difficult.
If your loved one passed away in an accident that was caused by someone else, then you may be able to file a wrongful death claim or lawsuit against the at-fault party to hold him or her accountable. The Austin wrongful death lawyers at TK Injury Lawyers can assist you with filing a wrongful death claim on behalf of your deceased loved one, and if necessary, litigating the case through the court system. Please call us today to learn more about how we may be able to assist you with filing your wrongful death claim or lawsuit.
A surviving family member can file a wrongful death claim if a loved one passes away as a result of another person or entity’s carelessness, wrongful act, default, neglect, or unskillfulness. In many instances, wrongful death actions arise from drunk driving accidents, distracted driving collisions, or some other type of omission or error.
Wrongful death is defined by Texas law if any of the following causes the death:
If you believe a loved one died and that someone else’s conduct was to blame, you should immediately have a wrongful death lawyer near you evaluating your rights. A top-rated wrongful death lawyer at TK Injury Lawyers regularly handles wrongful deaths stemming from a variety of accidents and incidents. These can include:
There are many other ways wrongful death can occur, and our firm can evaluate whether a particular fatal accident constitutes wrongful death in Texas.
There are several types of damages that a wrongful death claimant may be eligible to recover on behalf of a deceased loved one. The primary purpose of these wrongful death damages is to compensate surviving loved ones for the losses they experienced from the decedent’s premature death. For example, the claimant may be able to recover financial compensation for mental distress, loss of inheritance from the decedent’s life being cut short in the accident, loss of earning capacity, loss of the decedent’s support and companionship, loss of household services, and loss of the decedent’s guidance and support.
In cases where the circumstances of the fatal accident were particularly severe or egregious (such as in a drunk driving accident), the claimant may be able to make a claim for punitive damages. The purpose of these damages is to punish the at-fault party and to dissuade others from committing similar acts of negligence in the future.
Damages for the decedent’s estate (called survival damages) are also permitted under Texas law. Potential survival damages include compensation for the decedent’s mental distress and pain and suffering that the decedent experienced up until the time he or she passed away. Potential survival damages can also include medical expenses leading up to the decedent’s death, as well as burial expenses.
There are several categories of individuals who are eligible to file a wrongful death claim in the State of Texas. Eligible wrongful death claimants include the decedent’s surviving spouse, the decedent’s surviving children, and the decedent’s surviving parents. Sometimes, a decedent’s adopted child may be in a position to bring a claim for wrongful death, in the event the adoption was complete at the time of filing the wrongful death claim. However, in Texas, a decedent’s surviving siblings are not eligible to file a wrongful death claim in the State. This is true regardless of whether the siblings are adopted or natural siblings of the decedent.
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:
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 near you.
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:
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!
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.
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.
In the majority of wrongful death cases, claimants have two years from the date of the decedent’s death (absent very limited circumstances) to bring a wrongful death claim. Consequently, it is important that you have an experienced attorney representing you as early on in the process as possible. The legal team at TK Injury Lawyers can assist you with pursuing a wrongful death claim on your loved one’s behalf and holding the responsible persons or entities who caused the accident accountable.
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.
Our TK Injury Lawyers: Austin Personal Injury Lawyers help with wrongful death cases all around the Austin, Texas area. We have an office in Austin, Texas at 1002 Rio Grande St, Austin, TX 78701, United States. Find us with our GeoCoordinates: 30.274129187629512, -97.7482397424445
Trent Kelly obtained his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice is primarily focused on personal injury matters – particularly those involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death – but he also handles various business litigation matters as well. Click here to take a look at some complex cases Trent has resolved.
Years of experience: +15 years
Location: Austin, TX
I want to express my thanks to Attorney Mr. James Terry and staff for their representation, guidance and assistance settling my case. The insurance company was difficult, however Mr. Terry was able to get full policy limits available. The staff always kept me up to date and never left me in the dark. My case was settled within a satisfactory time frame and I got fully compensated for my injuries.
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Settlement amounts for a wrongful death case in Texas can vary significantly depending on several factors, including the specific circumstances of the case, the extent of damages the family incurred, and the effectiveness of legal representation. Therefore, “average” amounts do not give much information about your specific situation.
Every case is unique, and there is no set formula or guarantee for the amount of compensation you may receive. Working with a skilled wrongful death attorney can often greatly increase your chances of securing a fair and just settlement that reflects the true value of your loss.
The duration of a wrongful death lawsuit in Texas can vary widely depending on various factors, including how complicated the investigation is, whether there are liability disputes, the number of parties involved, and the court’s schedule. Generally, these cases can take several months to several years to reach a resolution. The legal process takes time, as both parties need to conduct thorough investigations, gather evidence, and negotiate or litigate the matter.
To establish a wrongful death claim in Texas, you must prove four elements of liability: duty, breach, causation, and damages.
In Texas, the surviving spouse, children, and parents of the deceased person are generally the primary individuals who can bring a wrongful death claim. If the deceased person does not have a surviving spouse, children, or parents, other family members such as siblings or grandparents may have the right to pursue a claim. It is important to consult with an experienced wrongful death attorney to determine who can file a claim on behalf of the deceased and to guide you through the legal process.
Damages in a wrongful death case in Texas can include both economic and non-economic losses. Economic damages refer to the financial losses suffered as a result of the death, such as:
Non-economic damages, on the other hand, encompass the emotional and intangible losses, including:
An experienced wrongful death attorney can help you accurately assess and quantify these damages to pursue fair compensation.
Losing a loved one to wrongful death is an incredibly painful and overwhelming experience. In such difficult times, seeking legal guidance from a trusted wrongful death attorney can provide you with the support you need to fight for justice and hold the responsible parties accountable.
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“I would definitely recommend Terry & Kelly’s firm for your litigation needs” “Want to send out a sincere “Thank You” for an outstanding job in handling my case. It took a little over a year to resolve but Jim T. was extremely thorough in putting all of the phases together to close it out. I found out quickly how punctual Jim is as well as his dedication t...
“Trent Kelly has been very supportive and very helpful throughout my case” Trent Kelly has been very supportive and very helpful throughout my case. He has been very realistic from day one. He never changed his position. He really cares for you and fights for your case to the best of his ability. Honestly, he got my case resolved for more than I expected. I once had a...
“I worked with Jim Terry and Trent Kelly” After I was hit by a car on my scooter, I worked with Jim Terry and Trent Kelly, with Trent handling the bulk of my case. I was pleased with their professionalism and that they were always good about staying in touch and keeping me up-to-date on my case. I trusted them completely, and they resolved my case faster than I expect...
“My wife and I were very pleased with the services provided by Jim Terry” My wife and I were very pleased with the services provided by Jim Terry of TK Injury Lawyers in assisting us with her motor vehicle injury accident. He was extremely professional and kept us up-to-date with the progress. Jim took the time to help us understand the circumstances and legal conside...
“When my insurance company denied my claim I did not know where to turn” When my insurance company denied my claim I did not know where to turn. I called Jim Terry and explained my not so easy situation. I had no hope in having my vehicle repaired when I called Mr. Terry. He took on my case and was always in contact with me about where we stood in regards to a resolut...
“The staff always kept me up to date and never left me in the dark” I want to express my thanks to Attorney Mr. James Terry and staff for their representation, guidance and assistance settling my case. The insurance company was difficult, however Mr. Terry was able to get full policy limits available. The staff always kept me up to date and never left me in the dark. ...
“They contacted me frequently to give me updates” Mr. Kelly and Mr. Terry handled my personal injury case in Texas. They contacted me frequently to give me updates on my case and made sure I felt it was being handled to my expectations. I was so pleased with their professionalism. My settlement was extremely fair and timely. I would recommend them to my own family and...
“Mr. Terry is an exceptional attorney” Mr. Terry is an exceptional attorney. James (Jim) is easy to talk to, he explains the process very clearly, and he keeps you informed of events normally before they will occur. Most importantly, he settled the case to everyone’s satisfaction. I used him for a personal injury case and I would highly recommend him.
“Trent Kelly is by far the best attorney I have worked with” Trent Kelly is by far the best attorney I have worked with and I was actually married to one! He is professional and got the job done. He is one of the first attorneys I have worked with that did not make me feel like he just took my money and then did nothing. He was referred to me by my daughter who wanted...
“I have worked with Trent and his firm several times” I would highly recommend Trent Kelly and have to several friends. I have worked with Trent and his firm several times over the past four years and have always been impressed with the level of service and very confident in his abilities. After working with Trent, he set the bar in characteristics to search for in an...
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We’ve helped numerous Austinites win their Austin Personal Injury case and we would love to help you if you’ve experienced a serious accident. Austin Personal Injury Lawyers, Call us today, to speak with either Jim or Trent.We’ll review the details of your case, give you an honest assessment of it, and then, if appropriate, we’ll help you create a legal plan of action to pursue justice on your behalf.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Trent Kelly, who has more than 15 years of legal experience as a practicing personal injury trial attorney.
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