Laura Kuhl is a content editor, writer and social media manager with ten years of experience in the legal, finance, and insurance fields. She started her career as a movie review writer in Wilmington, NC, after earning her M.A. at the University of North Carolina at Wilmington. She is a featured legal and business writer on Free Advice and PotNetwork News.
Laura Kuhl
Laura Kuhl is a content editor, writer and social media manager with ten years of experience in the legal, finance, and insurance fields. She started her career as a movie review writer in Wilmington, NC, after earning her M.A. at the University of North Carolina at Wilmington. She is a featured legal and business writer on Free Advice and PotNetwork News.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
There are a multitude of ways you could lose a loved one in an accident or incident in Austin. For example, there are 829 pedestrian deaths in Texas each year, many of them in Austin.
If your loved one lost their life due to someone else’s negligence, you are entitled to compensation. Slip and fall accidents, work accidents, and medical practice are the most common wrongful death lawsuits in Austin.
Use this list of the best wrongful death lawyers in Austin to get the legal guidance you need.
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Best Wrongful Death Attorneys in Austin
Compare Top Wrongful Death Attorneys
Filing a Wrongful Death Lawsuit in Texas
If you believe a family member died due to someone else’s negligence, you have the right to file a wrongful death lawsuit. Texas defines negligence as failing to use the level of care required to prevent harm to another person. Hiring a wrongful death lawyer can help you prove negligence and collect damages.
Lawsuit damages in Texas are divided into three categories:
- Economic damages. This includes funeral costs, medical bills, lost future earnings, retirement, and inheritance.
- Non-economic damages. Includes pain and suffering and loss of companionship and consortium.
- Punitive damages. Used as a punishment for egregious negligence. Also known as “exemplary damages” in Texas.
You may also collect survival damages, which is the personal injury compensation the deceased was entitled to for their pain and suffering as well as their medical bills and lost income before their death. Speak with a skilled wrongful death attorney to learn what kind of damages you can claim.
Texas Statute of Limitations for Wrongful Death Cases
Under Texas law, you have two years to file a wrongful death claim. This timeline typically starts on the date your loved one died, but the circumstances of your case may extend the statute.
If the negligence were illegally concealed or otherwise not obvious, the statute would start on the date you realized you had grounds for a lawsuit.
Texas law will also toll the statute for minor children until they turn 18 and can legally file a wrongful death claim for parents or guardians. However, a minor can have another party file on their behalf before then.
Texas Wrongful Death Laws
Along with a statute of limitations, Texas law limits which beneficiaries can file wrongful death lawsuits and how much they can receive in damages.
- Statutory beneficiaries. Only children, spouses, and parents of the deceased can file wrongful death suits. If a family member does not file a suit within three months, the personal representative of the estate can file.
- Damage Caps. Punitive damages are capped at twice the economic damage amount (up to $750,000) or $200,00.
Medical malpractice lawsuits are also subject to damage caps with a $500,000 limit (max of $250,000 per healthcare practitioner and hospital). Other caps apply to local government entities and emergency services, including claims against police officers and EMTs.
Wrongful Death Settlement Considerations
Most wrongful death cases reach a settlement before going to court. Your attorney will negotiate with the defending party to reach a fair amount. However, it’s important to consider how the settlement will be paid and if taxes apply.
- Lump sum payments. Settlement is paid all at once, typically when the deceased was the main breadwinner.
- Structured payments. Structured settlements are paid in installments over time, usually monthly.
- Taxed payments. Some settlements are subject to taxes, but not all—only punitive and emotional distress payments are taxable.
If there are multiple victims in a wrongful death case, the settlement will be split among the plaintiffs. A wrongful death lawyer can help you determine how to accept your settlement and which (if any) of your damages will be taxed.
How Can an Attorney Help You?
The trauma of losing a family member is too much to take on alone. An Austin attorney can provide guidance and emotional support and help protect your best interests while you mourn.
Hiring a wrongful death lawyer means you will have someone in your corner to:
- Investigate. Examine the circumstances and evidence surrounding the death and send a demand letter requesting damages from the responsible party.
- Evaluate. Considers all the costs you’re entitled to and determines a fair settlement amount for your unique case.
- Litigate. Advocates for you at trial, presents evidence and argues on behalf of your claim in front of a jury or for a court-ordered settlement.
The emotional toll of wrongful death is hard to translate financially, but a good attorney will help you win a fair settlement that accurately represents you and your family’s pain and suffering.
How to Find the Best Wrongful Death Lawyer in Austin, TX
The best wrongful death lawyer will approach your case with respect and tenacity. They will have taken on many similar clients before and have the case results to prove it.
But beyond experience, there are three important characteristics to consider when looking for the best wrongful death attorney:
- Reliable resources and networks. The best attorneys have access to forensic specialists, medical professionals, and experts to build your case.
- Positive reputation and reviews. Look for lawyers with happy clients and a reputable, active presence in the Austin community.
- Transparency and trustworthiness. Attorneys who are upfront about fees and quickly respond to your phone calls and emails are who you want to work on your case.
If you’re ready to file a wrongful death claim in Texas, reach out to any of the Austin attorneys on this list for reliable and affordable legal guidance.
Methodology
To come up with the best wrongful death lawyers in Austin of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. However, this information should not be considered comprehensive. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Who has standing to sue for wrongful death in Texas?
Only parents, spouses, and dependent children can file wrongful death lawsuits in Texas. Children are considered minors until 25 in wrongful death cases, but adult children cannot file a claim unless they are still dependent on the deceased. If a family member does not file within three months, the personal representative of the estate may file.
What is the burden of proof for wrongful death lawsuits?
Unlike criminal cases, wrongful death lawyers do not need to prove “beyond a reasonable doubt” that there was negligence. Rather, the burden of proof rests on whether or not there is a causal relationship between the defendant’s behavior and a death that could have otherwise been avoided.
How long does a wrongful death lawsuit take in Austin?
It may take months or years to settle a wrongful death case in Texas. However, the particulars of your case and the skill of your attorney will ultimately determine if it takes more or less time.
