Austin Wrongful Death Attorney

The loss of a loved one is devastating, even more so when caused by the negligent actions of another. In cases of negligent conduct resulting in a car accident fatality, the victim’s family is legally able to pursue a wrongful death claim to obtain compensation. The qualified wrongful death attorneys at the Bonilla Law Firm PLLC have successfully fought for and procured full and fair recoveries for grieving families. We offer free, no obligation, consultations. Call to schedule one today.

Why the Bonilla Law Firm PLLC?

  • We provide warm and compassionate representation while working hard to secure results that are fair for you and unique to your case.
  • We have decades of litigation experience, allowing us to supply clients with prompt, efficient and effective legal representation.
  • We are dedicated to maintaining the highest moral standards in our decision-making, actions, and communications.
  • We thoroughly investigate every case and provide the most optimal means of obtaining the best possible outcome.

 What Constitutes Wrongful Death in Texas?

A claim for wrongful death may be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another. (Texas Statutes section 71.001)

Types of Compensation in a Wrongful Death Claim

When filing a wrongful death claim following a car accident, the surviving family members of the victim have the right to seek compensation for:

  • mental and emotional anguish/pain and suffering
  • lost earning capacity
  • lost companionship
  • lost care, maintenance, services, support, advice, and counsel the deceased would have provided his or her surviving family members
  • lost inheritance, including what the deceased would likely have saved and left to surviving family members

In some cases, exemplary or “punitive” damages may be recovered. These damages require a wrongful death was caused by a willful act or omission, or by gross negligence. The purpose of exemplary damages is to punish the at-fault party for their intolerable behavior.

The court typically determines the amount of damages awarded in a Texas wrongful death claim. The award is then divided amongst the surviving family members.

The family members that may file a wrongful death claim in Texas are the surviving spouse, children, and parents. They have the choice to either file the claim singly, or as a group. Adult children and adopted children may file over the death of a parent/adopted parent, as well as the parents over a child. Surviving siblings cannot file a wrongful death claim for the loss of a sibling, according to Texas state law.

Statute of Limitations

The state of Texas specifies that the statute of limitations requires a wrongful death lawsuit to be filed within two years of the loss. There are some exceptions that a knowledgeable Texas wrongful death attorney will be able to explain to you.

Why You Need a Wrongful Death Attorney

Filing a wrongful death lawsuit in Texas can be a time-consuming and complicated task, which a grieving family should not have to concern themselves about. An experienced attorney that has handled wrongful death claims resulting from car accidents can guide you while advocating for you in every step of the litigation process.  The claims process will go much more smoothly and as problem free as possible. Retaining legal services will also guarantee that every avenue of compensation that you and your loved ones deserve will be exhausted.

Choose the Bonilla Law Firm PLLC

Our highly qualified wrongful death attorneys have helped many families in Austin and elsewhere in Texas, pursue compensation and justice after losing a loved one in a car accident caused by someone else’s negligence. We can help you pursue recovery during this difficult time. We offer free, no obligation case evaluations. Contact us today.