Austin Wrongful Death Lawyer
100 Congress Avenue, Suite 2000
Austin, Texas 78701
Losing someone you love due to a case of wrongful death is painful enough,
but it is made even worse when the bills start mounting with no financial
relief in sight. It is time to seek out competent and experienced legal
advice in the Austin area to see if you can file damage claims and get
your life back on track.
What Qualifies as Wrongful Death?
When a person dies as the result of negligence, misconduct or criminal
actions perpetrated by another it is considered a
wrongful death. There is legal recourse for this in the civil courts, even if the individual
responsible is not convicted in a criminal court of law. Bringing evidence
to the court in a civil matter is similar to criminal, but the bar is
set much lower in regards to proof beyond a reasonable doubt. This lower
standard makes it much easier to get financial relief for the families
of victims. There are a variety of cases that can brought, such as:
- Medical malpractice
- Motorcycle and vehicle accidents
- Homicide or manslaughter
- Work-related deaths
- Supervised activity death
- Public transportation accident
- Amusement park death
The case has to be brought before the court by a member of the decedent's
estate. A parent, child or spouse are the most likely candidates, but
it can be anyone that depends on the decedent for income and support.
Pecuniary and Punitive Damages
Pecuniary damages are simply the financial damages taken on by the survivors
and can be anything from:
- Loss of income
- Loss of possible inheritance
- Funeral expenses
- Medical bills
The jury is expected to award damages based on the recent earnings of the
decedent. Punitive damages are only awarded in certain states and must
meet very specific standards. The death has to have been caused by such
a breach of protocol, procedure or criminal act that it serves as a deterrent
for future incidences of a similar nature. An Austin wrongful death lawyer
can determine if this damage award is available to you.
How Are Damage Awards Determined?
There are several factors that are looked at to get a complete picture
and award a damage amount. A jury will have to look at:
- Income level
- Spending habits
- Dependency claims
- Overall character
Any one or several of these items can make a huge difference in what the
jury believes is fair to award in the case of a wrongful death. The court
can override an award if they feel it is too little or too much and even
set it aside for retrial. This is why it is nearly impossible to give
any real estimates as to what will be the actual award.
Survival Actions and Personal Injury
In cases of criminal acts, such as murder, or where the negligence was
so serious there can be a personal injury suit brought against the offender
for the decedent. The damage award will go to the estate and given to
all that are eligible.
How an Austin Wrongful Death Lawyer Can Help
Every area and case have specifics that can be dealt with best by a local
lawyer. A lawyer experienced in wrongful death cases will be aware of
time limitations and can get all of the necessary paperwork done correctly.
Missing an important document or date can cost you the entire case. Take
the time to make sure the lawyer you hire is qualified and has a good
track record. You need to feel comfortable that they are putting every
effort into helping you and your family financially recover from a devastating loss.
Call the Doan Law Firm at 512-806-0000 and discuss your case with an expert
Austin wrongful death lawyer. We have a local office at 100 Congress Avenue,
Suite 2000, Austin TX, 78701 and we will take the time to explain the
process and find out if you can seek financial recovery for the wrongful
death of your loved one.