What Is a Wrongful Death Claim?
A wrongful death occurs anytime a party’s negligence causes the untimely death of another person. One can be caused by a negligent employer, an unsafe driver, or anyone else who behaves recklessly and takes the life of another person. Wrongful death claims are focused on helping families recover from the financial damages they experience due to the loss of a loved one.
An Austin wrongful death lawyer from Arnold & Itkin can help recover losses such as:
- Medical bills
- Funeral expenses
- Lost wages
- Loss of consortium
- Pain and suffering
- And more
Essentially, a wrongful death lawsuit is focused on making a family as financially whole as possible after they’ve suffered the loss of a member. Notably, civil wrongful death claims are separate from criminal trials. Families can file wrongful death claims even if the other party is facing a criminal trial or has already had one.
Importantly, there are three categories of damages families can recover during a wrongful death lawsuit:
- Economic Damages – Economic damages are based on the actual financial damages a family suffers from the passing of a loved one. While these could include immediate losses from medical bills and funeral expenses, economic damages can also include compensation for future losses such as the lost wages the deceased would have made and provided.
- Non-Economic Damages – Non-economic damages describe the compensation families deserve for the pain, suffer, and mental anguish.
- Punitive Damages – Finally, punitive damages are a punishment for negligent parties. The amount of these damages is based on court decisions and the severity of a party’s negligence.
When Does a Wrongful Death Occur?
A wrongful death can occur at any time. As mentioned above, the main requirement for a death to be considered wrongful is the negligent behavior of another person. Wrongful deaths are caused by companies who place profits over safety, drivers who disregard the laws of the road, and anyone else who doesn’t behave in a way that protects and preserves the lives of others around them.
Common types of wrongful death cases include the following:
Who Can File an Austin Wrongful Death Claim?
In Texas, the immediate family members of a deceased person can file a wrongful death claim. Generally, if a wrongful death claim is filed by a spouse or child—the first people who can make a claim—no other family members can do the same.
Eligible beneficiaries of a wrongful death claim in Texas include:
- Children (18 years or older)
- Spouses or life partners
- Siblings
- Parents
- Parents of unmarried children
- Any other dependents
The best way to find out if you can file a claim is to call our Austin wrongful death lawyers. We’ll listen to what happened and help you discover what your options are based on your situation. No claim is the same, and we’re ready to provide the insightful advice that you deserve during this difficult time.
Who Can Be Held Responsible for a Wrongful Death in Austin, TX?
Any individual or company that caused someone’s death can be held responsible in civil court by way of a wrongful death lawsuit. This may apply to acts of negligence or carelessness as well as intentional wrongdoing. A drunk driver who causes a fatal traffic accident, a chemical plant operator that fails to properly maintain equipment and causes an explosion, or the manufacturer of a defective product that causes a deadly accident are all examples of who could be held liable (legally responsible) for a wrongful death. Because every situation is different, it is important to talk to an Austin wrongful death lawyer about your case, your concerns, and your needs. You can get insight into your legal options when you call Arnold & Itkin for a free, private consultation.
About Austin
Known as “The Live Music Capital of the World,” Austin is the capital city of Texas, the seat of Travis County, and the fourth-most populous city in the state. Austin has been called “Silicon Hills” due to the high concentration of technology companies in the area. As of July 2021, the U.S. Census Bureau estimated that the population of Austin was 964,177. Austin is known for having a strong economy and as being a great city for young entrepreneurs, artists, businesses, and families alike. A Forbes article from 2019 cited Austin’s status as the #1 city in America for the third year in a row, attributing it to the low cost of living, overall quality of life, and thriving job market.
The Austin area was settled in 1835 and incorporated as a city in 1839. It was first incorporated as “Waterloo,” but that was changed to Austin shortly thereafter. It was named after the “Father of Texas,” Stephen Fuller Austin, an American-born empresario who brought 300 families to the territory. Today, Austin encompasses a total area of 305.1 square miles and is home to three artificial lakes: Lady Bird Lake, Lake Austin, and Lake Walter E. Long.
Austin has a diverse economy supported by industries ranging from technology and defense to biotechnology and pharmaceuticals. The top employers in Austin are Dell, the Austin Independent School District, NXP Semiconductors, IBM, Texas State University, and the University of Texas at Austin. The international grocery store chain Whole Foods Market was founded and is still headquartered in Austin. Tito’s Vodka, Forestar Group, Keller Williams Realty, YETI, and Sweet Leaf Tea Company are also all based in Austin.
Austin’s main attractions are centered around the city’s diverse culture and history; visitors and residents also partake in the many outdoor activities that the region has to offer. The Texas State Capitol is the tallest capitol building in the United States, built in the 19th century. Barton Springs Pool is just one of Austin’s network of public pools used to get outdoors and beat the heat, the LBJ Presidential Library and Bullock Texas State History Museum offer insight into the area’s rich history, and the Austin Aquarium offers interactions with animals of all kinds. The live music scene in Austin has never been stronger, and the city hosts several film festivals every year, including South by Southwest (SXSW) and the Austin Film Festival.
Austin Links & Resources
Our Austin Wrongful Death Lawyers Are Ready to Help You
No one should have to face the difficulties associated with a loved one’s death while they are grieving. Yet, the state’s statute of limitations means that families must consider filing a claim before it’s too late. At Arnold & Itkin, our team understands that families are going through some of the worst times in their life when they come to us. So, we work to make the process easier for them by being the advocate that they deserve. Our team will investigate the incident that took your loved one, negotiate with the other side for a settlement, and take them to court if they aren’t being fair.
Importantly, we’re experienced trial lawyers. Our dedication to helping clients has meant the recover of billions of dollars on their behalf. This means that we’re not afraid to back down from a fight when the other side isn’t being fair. We know what our clients deserve, we know negligent parties should be held accountable, and we’re ready to fight for your family's financial recovery no matter what.
An initial consultation is completely confidential and free when you call us at (888) 493-1629 or fill our online form. We’re standing by to start fighting for justice on behalf of your family.
