Austin Wrongful Death Attorney

A wrongful death case arises when somebody’s death is caused by the negligence, recklessness, or intentional act of another party. These cases are very complex, especially when families feel lost, unsure of their rights, and overwhelmed by the legal process. It requires thorough investigation, legal knowledge, and a strategic approach to secure justice and compensation.

At Baker Matthews Law Collective, PLLC, our compassionate wrongful death attorneys are dedicated to helping families in Austin receive the compensation they deserve.

Causes of Wrongful Death in Austin, TX

A wrongful deathis one of the most painful experiences anyone can endure. . In Austin, Texas, these cases are tragically common and can result from various situations.

• Vehicle Accidents: Losing a loved one in a car, truck, motorcycle, or pedestrian accident can be devastating. These accidents are often caused by negligent behaviors such as speeding, distracted driving, or driving under the influence. The sudden loss from a preventable accident leaves families grappling with grief and anger.
• Medical Malpractice: When you trust medical professionals with your loved one’s health, you expect competent care. However, mistakes like misdiagnosis, surgical errors, or improper treatment can lead to fatal outcomes. These incidents are particularly painful because they happen in places meant to provide healing and safety.
• Workplace Accidents: Fatal injuries at work, especially in industries like construction or manufacturing, often result from unsafe working conditions or employer negligence. Families lose their primary breadwinners, facing both emotional and financial hardships as they cope with their loss.
• Defective Products: Manufacturers have a responsibility to ensure their products are safe. Tragically, dangerous or faulty products, such as defective machinery, unsafe pharmaceuticals, and hazardous consumer goods, can cause fatal injuries. These cases highlight the profound impact of corporate negligence on individual lives.
• Premises Liability: Property owners must maintain safe environments. When they fail to do so, fatal accidents such as slips and falls, drownings, or fires can occur. These deaths are particularly tragic as they often happen in places that should be secure, like homes, businesses, or public spaces.

To pursue a wrongful death claim in Austin, you must prove that the death was directly caused by the actions or inactions of another party.  In order to prove this, you will need an experienced wrongful death attorney

Liability in Austin Wrongful Death Cases

Determining liability in a wrongful death case involves proving that another party’s negligence or wrongful actions directly caused the death. Here’s how we approach establishing fault:

Duty of Care
First, it must be shown that the responsible party owed a duty of care to the deceased. For example, drivers have a duty to follow traffic laws, doctors must provide competent medical care, and property owners must maintain safe premises.

Breach of Duty
Next, it must be proven that this duty of care was breached. This could be through reckless driving, medical negligence, failure to maintain safe working conditions, or selling a defective product.

Causation
It must be demonstrated that the breach of duty directly caused the death. This involves linking the negligent actions to the fatal outcome, showing that without these actions, the death would not have occurred.

To determine liability, our wrongful death  attorneys will gather all the necessary evidence, including medical records, accident reports, testimonies and expert opinions, and build a compelling case.

Who Can Pursue a Wrongful Death Claim in Austin, Texas?

In Austin, pursuing a wrongful death claim is limited to specific family members of the deceased. Eligible parties include:

• Surviving Spouse: A legal or common-law spouse, even if they were not living together at the time of death.
• Children: Both biological and legally adopted children of the deceased, regardless of their age.
• Parents: Biological and adoptive parents can file a wrongful death claim in Austin if their child has died due to a wrongful act.

Remember, that there is a two-year statute of limitation for filing wrongful death claims in Texas. Too, other relatives, such as siblings, grandparents, cousins, aunts, and uncles, do not have the legal right to file a wrongful death claim in Texas unless they fall into one of the specified categories mentioned above.

Contact Austin Wrongful Death Attorneys

At Baker Matthews Law Collective, PLLC, our experienced Austin wrongful death attorneys will help you recover damages for medical expenses, funeral costs, lost wages, and the emotional pain and suffering caused by your loss. Contact us today for a consultation and let us help you secure the compensation your family needs to move forward.