At Shamieh Law, we know that the time after losing a loved one due to negligence can be among the most challenging times a family could possibly face. Surviving family members have the option to seek justice and compensation for the loss of their loved one. Our Austin wrongful death lawyers offer compassionate and personalized legal representation to help your family start to recover from your loss. Call us today at 512-888-3333 to learn more in a free consultation.
The death of a spouse, parent, or family member is a traumatic, life-changing experience. This kind of event can deal a serious blow to your emotional well-being and that of your loved ones. Further, it can drastically alter your day-to-day life and aspirations for the future. When the death is caused by a preventable accident, it can be even more difficult to move forward.
At Shamieh Law, we understand that no amount of money can change the loss of someone we love. However, on top of your grief, you may also be facing unexpected expenses, including costs associated with the burial of your loved one, medical bills, and mental health treatment. In addition to seeking a measure of accountability and justice, a wrongful death lawsuit can also help relieve some of the financial burden the death in your family may have caused.
No matter the circumstances of your case, the compassionate legal team at Shamieh Law is here for you in your hour of need. Contact us today to schedule a free, no-obligation consultation with an experienced Austin personal injury attorney at our firm. We are here to help you and your family.
You Can Count on Shamieh Law to Stand by Your Side
At Shamieh Law, we are committed to fighting for the rights of injury victims and their families. As injury lawyers, we help our clients recover compensation for their injuries and losses. However, as counselors at law, we are also dedicated to offering compassionate guidance to our clients in difficult periods of their lives. Of course, few challenges in life are greater than the loss of a loved one.
At our firm, we believe in “Winning With Awareness,” which means that we will treat you and everyone involved in your case with utmost respect and dignity. We are not just here to win. We are also here to help our clients and our community. When we handle your case, you can count on us to be there for you from start to finish.
Austin, TX Client Testimonials
Our Austin personal injury attorneys and entire staff believe in the high quality of our services and are very proud of the excellent reputation we have built among our clients and in the legal community. For example, in some of the Shamieh Law reviews, our clients have described our team as:
- Being “incredibly responsive, always available, and on top of everything.”
- Having “unwavering dedication” and “a wealth of knowledge and experience.”
- Providing emotional support with “the utmost respect and kindness.”
- Having “a commitment to do right” for clients.
What Is Wrongful Death Under Texas Law?
A wrongful death occurs when someone dies because of another person’s actions. More specifically, according to the Texas wrongful death statute, a wrongful death occurs when someone is killed through the “wrongful act, neglect, carelessness, unskillfulness, or default” of another.
Incidents involving potential wrongful deaths are more common than many people realize. For instance, according to the Texas Department of Transportation, drunk driving crashes killed 1,162 people in 2022 alone. In the same year, another 2,391 people were victims of murder.
No matter the circumstances, if you lost a loved one due to someone else’s actions, you should not hesitate to consult with an attorney. Our wrongful death lawyers in Austin can explain your legal options and help you determine the best path for your family.
What Damages Can You Claim in an Austin Wrongful Death Case?
In an attempt to provide a measure of accountability and justice, the law provides an avenue for surviving family members to secure legal compensation through a wrongful death lawsuit. While no amount of money can replace your loved one, the compensation you receive can help offset the financial burden you may face in the loss of your loved one.
By working closely with a skilled Austin wrongful death attorney at our firm, you may be eligible to pursue compensation for things like:
- Medical treatment costs – If your loved one received medical treatment before their passing, you can be compensated for its financial cost.
- Funeral and burial costs – A funeral in the United States costs an average of $7,848. The person responsible for the death of your loved one may be held liable for covering the cost of their funeral and burial.
- Lost household income – You can pursue compensation for the lost income your loved one would have contributed to your family.
- Loss of companionship – In Texas, you can seek damages for the companionship, guidance, and emotional support your loved one can no longer provide.
- Mental anguish – You can recover damages for the psychological toll of your loved one’s passing.
- Loss of inheritance – The at-fault party might have to compensate you for assets your loved one would likely have accumulated in their estate in the coming years and left to surviving family members.
- Punitive damages – In egregious cases where the responsible party intentionally caused harm or was grossly negligent, the court may require them to pay punitive damages, also known as exemplary damages. This form of damages is meant to punish the defendant and deter future misbehavior.
Of course, many of the items on this list are extremely difficult to quantify, if not impossible. The loss of a loved one cannot truly be reduced to a monetary value.
The difficulty in calculating wrongful death damages means it is essential that surviving family members work with a skilled and compassionate attorney who can understand and empathetically communicate the full impact of a wrongful death, both in settlement negotiations and before a jury.
Look no further. When you work with our experienced team of wrongful death attorneys, you can rest assured that we will handle your case with the same level of care as we would for a member of our own family.
Who Is Eligible to File a Wrongful Death Claim in Austin?
Under Texas law, the right to file a wrongful death lawsuit is “for the exclusive benefit of the surviving spouse, children, and parents of the deceased.” Siblings and other close family members cannot file a claim.
How Can Shamieh Law Help on the Road Toward Compensation?
All personal injury cases, including those involving wrongful death, are unique and should be handled with personalized attention to the specific needs of each client. Our Austin wrongful death lawyers will take the time to get to know you and your family, listen to your story, and try to understand just how much the loss of your loved one affects your life.
We will handle every aspect of your legal claim, including:
- Calculating your potential damages.
- Reviewing evidence and documentation, such as police reports and medical records.
- Filing an official claim with the relevant insurance companies.
- Negotiating with insurers to reach a fair settlement.
- Filing a lawsuit if the settlement offer is inadequate.
- Presenting your case at trial.
At each stage, your attorney will be available to provide updates, answer questions, and walk you through what’s next. You can count on us to keep you informed every step of the way.
What Is the Statute of Limitations for Wrongful Death in Texas?
In Texas, the wrongful death statute of limitations is two years from the date of the death. This means you have two years from the date your loved one passes away to file a wrongful death lawsuit. If you miss that deadline, your case will likely be dismissed.
While some exceptions may extend the deadline in certain situations, it is important to speak with an attorney to determine if these exceptions apply. At Shamieh Law, our wrongful death attorneys in Austin can help you determine the specific deadlines that apply to your case and help ensure you don’t lose the opportunity to get the compensation you deserve.
How Do Survival Claims Differ from Wrongful Death Claims?
It is important to understand the legal difference between survival and wrongful death claims if you are considering legal action. Although both of these “causes of action” apply to cases where a person has died due to someone else’s conduct, they serve different purposes.
In Texas, survival actions do not provide compensation to family members. Instead, the legal representative of a decedent’s estate can file a lawsuit on their behalf. In other words, a survival action is like a personal injury lawsuit that the victim might have filed for themselves if they had survived the accident that gave rise to their death.
Damages in a survival action go to the decedent’s estate rather than to surviving family members. It can then be distributed according to the decedent’s will or state laws of intestate succession.
By contrast, a wrongful death action allows surviving family members to recover damages for the losses and harm they themselves suffered because of their loved one’s death. Compensation from a wrongful death claim goes directly to the surviving family members.
Shamieh Law Is Here for You and Your Family
If you have lost someone close to you due to a wrongful death, our hearts go out to you sincerely. We understand the pain you may be going through as you consider legal options. It would be our honor to help you in your hour of need.
At Shamieh Law, we offer free, no-obligation consultations, so there is little downside to having one of our Austin wrongful death lawyers evaluate your case. A skilled attorney on our team is standing by to make sure you know your full legal rights and options. Contact us today online or by calling 512-888-3333 to learn more.
