Austin Wrongful Death Attorney

An Aggressive Wrongful Death Attorney for Survivors in the State of Texas

The loss of a loved one is a tragedy that nothing can prepare us for. This sense of loss is even worse when survivors know that their loved one is gone because of the misconduct or negligence of another person.

At Robson Law Firm, our mission is to fight for you and your family and give a voice to those who have lost their lives. We know that the last thing you need right now is the frustration of facing a legal action alone. While there are no words to describe the death of someone you love, Texas does give you the opportunity to hold the responsible parties accountable for their action. Contact our office and let us begin working for you and your family.

Who Can File a Wrongful Death Lawsuit in Texas?

Under Texas Civil Practice & Remedies Code §71.004, only specific surviving family members can file wrongful death lawsuits:

Surviving spouse
Children (including adult children)
Parents (of deceased adult children)

If no spouse/children/parents survive, the estate’s personal representative has a 90-day window to file on behalf of the estate. Siblings, grandparents, fiancés, or other relatives cannot sue directly (unlike some states). Estates pursue survival actions separately for the decedent’s pre-death damages.

We take on large corporations and insurance companies seeking to minimize your loss. Our job is to protect you, answer questions, and shield you from further pain.

At Robson Law Firm, we know there are no words to describe losing someone you depend on for companionship, love, and support. But thankfully, Texas law gives you the opportunity to seek recovery.

Survival Claims vs. Wrongful Death Lawsuits

Texas law allows two distinct claims after a wrongful death, wrongful death claims and survival actions. These can be filed together depending on the circumstances of your loved one’s death.

Wrongful Death Lawsuit (filed by surviving family):

Compensates survivors’ losses: lost financial support, inheritance, services, companionship, guidance, mental anguish
Filed by spouse/children/parents only

Survival Action (filed by estate’s personal representative):

Recovers decedent’s pre-death damages: pain/suffering before death, medical bills, funeral expenses, lost wages to date of death
Supplements wrongful death (both can be pursued together)

Make an appointment with a knowledgeable wrongful death attorney to explore both options.

Proving Wrongful Death in Texas (The 5 Elements)

To win a wrongful death case, plaintiffs must prove five essential elements:

Wrongful act/neglect/carelessness occurred (negligence or intentional misconduct)
Duty of care was owed to decedent (e.g., safe roads, proper medical treatment)
Breach of that duty (driver speeding, doctor malpractice)
Causation: Breach directly/proximately caused the death
Damages: Quantifiable losses to survivors/estate

At Robson Law Firm, we commonly see wrongful death claims and survival actions stemming from car/truck crashes, medical malpractice, workplace injuries, slip and fall accidents, and even defective products. Our attorneys know how to review evidence including autopsies, bring in expert testimony, accident reconstructionist, and financial advisors. Call Robson Law Firm at (512) 345-8200 to speak with a dedicated wrongful death lawyer.

Compensation Available in Austin Wrongful Death Cases

Texas wrongful death damages address both economic and non-economic losses with no statutory caps (unlike medical malpractice). Our attorneys fight insurers who undervalue lives. Recoverable compensation includes:

Pecuniary losses for future income/support decedent would have provided, lost benefits/inheritance, household services
Funeral/burial expenses and estate administration costs
Loss of companionship/society and parental guidance (for minor children)
Mental anguish/emotional pain/suffering for survivors
Pre-death pain (survival action only)
Punitive damages possible if gross negligence/recklessness shown

We know nothing can undo the past, but we can make the future more tolerable. Call a skilled wrongful death or survival action lawyer today to get started.

Texas Wrongful Death Statute of Limitations

Texas provides a strict two-year statute of limitations for wrongful death lawsuits, running from the date of death (not injury). Survival actions also follow the two-year rule.

Insurance companies often delay payments hoping you’ll miss the window. Contact Robson Law Firm immediately to preserve your rights and investigate all liable parties.

Steps to Take After a Wrongful Death in Austin

Protect your claim and family during this difficult time:

Secure death certificate, police report, autopsy/medical records immediately
Identify estate executor/personal representative (or petition court to appoint one)
Gather financial proof like tax returns, pay stubs, life insurance showing decedent’s earning power
Document family relationships including marriage certificates, birth certificates proving standing to sue
Avoid insurer statements/releases as they’ll attempt to minimize values
Contact experienced counsel before deadlines approach

At Robson Law Firm, our attorneys can handle communications, expert witnesses, and complex litigation against deep-pocket defendants. Call (512) 345-8200 today. We’ll shield you from legal burdens so you can grieve and heal.

Help with Financial Survival following a Tragic Loss

Contact us today to make an appointment with a knowledgeable wrongful death attorney and find out what legal options you have for pursuing financial justice in the aftermath of an unexpected loss. Call a skilled Austin, Texas wrongful death lawyer today to get started.

Call Robson Law Firm at (512) 345-8200 to speak with a dedicated Austin wrongful death lawyer.

“My experience with the Robson Law Firm was the best. They fought for my rights. Jeremy was great. He made sure I understood what was going on and made me feel at ease with each step we had to take. Eloise and Daisy were always very helpful.”

Carolyn R.

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Austin Wrongful Death Lawyer