There is nothing more difficult than dealing with the death of a family member. Knowing that your loved one's death could have and should have been prevented can make the healing process even more difficult. At Howry Breen & Herman, we strive to hold negligent parties liable for their actions. With nearly 25 years of legal experience, our Austin wrongful death attorneys can help you fight for the justice and recovery you deserve. We understand how difficult your situation is, which is why we provide compassionate, personalized legal services and uncompromising representation you can count on. We are here to help you navigate the legal system so that you can focus on grieving, honoring the lost one, and moving forward.
What Is "Wrongful" Death?
Under Texas law, a death is considered "wrongful" if it occurred as a result of negligence. There are many different types of incidents that can lead to a wrongful death.
At Howry Breen & Herman, we have handled wrongful death claims resulting from:
- Aviation accidents
- Bicycle accidents
- Bus accidents
- Car accidents
- Golf cart and utility vehicle accidents
- Construction accidents
- Defective products
- Defective drugs
- Oilfield accidents
- Medical malpractice
- Motorcycle accidents
- Unsafe premises
- Truck accidents
If your loved one was killed, and you believe negligence played a role, our firm can help. Our Austin wrongful death lawyers will look at every aspect of your situation in order to determine the best course of action. No matter how complex or difficult your case may be, we can provide answers to your questions as we work to build a strong case on your behalf.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law states who can—and who cannot—file a wrongful death claim. A surviving spouse, child, or parent of the decedent may file a claim. An adopted child or the adoptive parent(s) of the decedent may also file a claim if the adoption was legal and fully completed prior to the accident. Unfortunately, Texas law does not allow siblings to file a wrongful death claim if their brother or sister is killed.
The surviving spouse, child, or parent of the decedent may pursue certain damages, including but not limited to:
- Medical treatment for injuries prior to death
- Funeral/burial expenses
- Pain, suffering, and emotional distress
- Lost earning capacity
- Lost inheritance
- Loss of companionship/love
It is also important to note that the statute of limitations for filing a wrongful death claim in Texas is two years. This means that surviving family members have two years from the date of death to file a claim.
Compassionate Legal Counsel. Aggressive Advocacy.
At Howry Breen & Herman, we sit down with each and every client for an in-depth consultation. We listen with an empathetic ear, working to understand your personal objectives and goals. From there, we can help you begin to build a case centered on in-depth analysis, thorough investigation, and careful examination of the facts. We offer open, honest communication and uncompromising representation every step of the way. With decades of litigation experience, we are fully prepared to take your case to trial if necessary. We have handled thousands of cases and obtain full and fair compensation for our clients throughout Austin, Georgetown, and the surrounding areas.