Losing a loved one in a sudden accident is one of the most painful experiences a family can endure. When that loss is caused by someone else’s negligence or wrongful actions, the grief is even more overwhelming. Families are left not only with emotional devastation but also with financial burdens, unanswered questions, and the need for justice.
If you have lost a loved one in a wrongful death accident in Round Rock, you do not have to go through this alone. At García Injury Law, we understand the pain you are experiencing, and we are here to help you seek justice. Our compassionate legal team is dedicated to holding negligent parties accountable and securing the financial support families need after such a tragic loss.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that seeks compensation when a person dies due to another party’s negligence, recklessness, or intentional wrongdoing. Unlike criminal cases, which focus on punishment through fines or jail time, a wrongful death lawsuit is designed to provide financial relief to surviving family members.
In Texas, wrongful death claims can arise from various types of accidents, including car crashes, truck accidents, workplace incidents, medical malpractice, and dangerous property conditions. If the death of a loved one was preventable and occurred due to someone else’s actions, you may have legal grounds to file a wrongful death lawsuit.
Who Can File a Wrongful Death Claim in Texas?
Texas law allows only certain family members to file a wrongful death lawsuit. Eligible individuals include:
- The surviving spouse of the deceased
- The children of the deceased (including legally adopted children)
- The parents of the deceased
If none of these individuals file a claim within three months of the death, the personal representative of the deceased’s estate may file the lawsuit. However, siblings of the deceased are not allowed to pursue a wrongful death claim under Texas law.
If you are unsure about your eligibility to file a claim, an experienced wrongful death attorney can review your situation and guide you through the legal process.
Common Causes of Wrongful Death Accidents in Round Rock
Wrongful death claims can arise from many different types of accidents. Some of the most common causes include:
Motor Vehicle Accidents
Car, truck, and motorcycle accidents are among the leading causes of wrongful death cases in Round Rock. Reckless driving, distracted driving, speeding, and driving under the influence often lead to fatal crashes that could have been prevented.
Truck Accidents
Large commercial trucks can cause devastating collisions due to their size and weight. When truck drivers or trucking companies fail to follow safety regulations, accidents can occur, leading to fatal injuries for those in smaller vehicles.
Workplace Accidents
Construction sites, industrial workplaces, and other high-risk job environments can lead to fatal accidents if proper safety protocols are not followed. Falls, equipment failures, and exposure to hazardous materials are common causes of workplace-related wrongful death claims.
Defective Products
Manufacturers have a responsibility to ensure that their products are safe for consumers. If a defective product, such as a faulty vehicle part or unsafe medical device, causes fatal injuries, the manufacturer or distributor may be held liable.
Medical Malpractice
Doctors, nurses, and other healthcare providers are expected to provide a certain standard of care. When medical professionals make critical errors — such as misdiagnosing a condition, performing surgical mistakes, or administering incorrect medications — patients may suffer fatal consequences.
Premises Liability Accidents
Property owners have a duty to maintain safe conditions on their premises. Slip and fall accidents, inadequate security, and unsafe property conditions can lead to fatal injuries if owners fail to address known hazards.
Criminal Acts
Wrongful death claims can also arise from violent crimes, such as assault, shootings, or other intentional acts of harm. In these cases, a wrongful death lawsuit can proceed alongside any criminal charges against the responsible party.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
Families who lose a loved one due to wrongful death may be eligible to recover compensation for both economic and non-economic losses. Texas law allows victims’ families to seek damages that reflect the financial and emotional impact of their loss. These damages are meant to provide financial relief and a sense of justice for those left behind.
Economic Damages
Economic damages compensate families for the financial hardships they endure due to the unexpected loss of a loved one. Medical expenses associated with the deceased’s final injury or illness, including hospital stays, surgeries, and treatments, can be overwhelming. Funeral and burial costs add further strain during an already difficult time. The loss of income and future earnings can also have a significant impact, particularly if the deceased was a primary provider for the family.
In addition to lost wages, families may experience a loss of benefits, such as health insurance or retirement savings, which would have been provided by their loved one over time. These financial setbacks can create long-term struggles, making economic damages a crucial part of a wrongful death claim.
Non-Economic Damages
While financial losses are significant, the emotional toll of losing a loved one is immeasurable. Non-economic damages seek to compensate families for the deep personal suffering caused by the wrongful death. Surviving family members often endure immense pain and emotional distress, struggling with grief and the sudden void left in their lives. The loss of companionship can be particularly devastating, especially for spouses who have lost their lifelong partner.
Children who lose a parent not only experience emotional anguish but also the loss of parental guidance, support, and protection. The psychological impact of a wrongful death can be long-lasting, affecting a family’s emotional well-being for years to come.
Punitive Damages
In certain cases, the court may award punitive damages if the wrongful death was caused by extreme negligence, recklessness, or intentional misconduct. Unlike economic and non-economic damages, which are meant to compensate the family, punitive damages serve as a punishment for the responsible party and a deterrent to prevent similar behavior in the future.
If the negligent party acted with complete disregard for safety — such as driving under the influence, engaging in illegal activities, or violating serious safety regulations — punitive damages may be imposed. These damages send a clear message that such reckless actions will not be tolerated and help ensure accountability for those responsible.
A wrongful death lawsuit cannot undo the pain of losing a loved one, but it can provide financial stability and a sense of justice for grieving families. By seeking the compensation they deserve, families can begin to rebuild their lives while holding negligent parties accountable for their actions.
How a Round Rock Wrongful Death Lawyer Can Help
Pursuing a wrongful death lawsuit is a complex process that requires legal knowledge and experience. A wrongful death lawyer can handle the legal aspects of your claim so that you and your family can focus on healing.
Investigating the Accident
A strong wrongful death case starts with a thorough investigation. Our legal team will gather evidence, review medical and accident reports, interview witnesses, and consult experts to build a compelling case.
Proving Liability
Establishing liability is crucial in a wrongful death claim. We work to show how the responsible party’s actions directly led to the fatal accident, whether through negligence, recklessness, or intentional wrongdoing.
Negotiating With Insurance Companies
Insurance companies often try to minimize wrongful death settlements. Our attorneys will negotiate aggressively to secure fair compensation and protect your family from being taken advantage of.
Filing a Lawsuit and Representing You in Court
If a fair settlement cannot be reached, we are prepared to take your case to trial. Our legal team will present evidence, argue your case before a judge and jury, and fight for the justice your loved one deserves.
Common Misconceptions About Wrongful Death Cases
Wrongful death cases can be complex, and many people misunderstand how they work. Misinformation can prevent families from seeking the justice and compensation they deserve. Here are some of the most common misconceptions about wrongful death cases and the truth behind them.
"Only Criminal Cases Can Hold Someone Accountable for a Death"
Many people assume that if someone is responsible for another person’s death, the only legal action that can be taken is a criminal case. While criminal charges may be filed in certain cases, such as those involving drunk driving or violent crimes, wrongful death lawsuits are civil cases. This means that even if the responsible party is not convicted of a crime, they can still be held financially accountable for their negligence or misconduct through a wrongful death claim.
"A Wrongful Death Lawsuit Will Drag On for Years"
While some wrongful death cases can take time, many are resolved through settlements without ever going to trial. The timeline depends on factors such as the complexity of the case, the willingness of the insurance company to negotiate, and whether the case goes to court. An experienced wrongful death attorney can help move the process along as efficiently as possible while ensuring you receive fair compensation.
"Wrongful Death Lawsuits Are Only About Money"
A wrongful death lawsuit is about much more than financial compensation. While monetary damages can help cover medical bills, lost income, and funeral expenses, these cases also provide families with a sense of justice and accountability. Holding the negligent party responsible can bring closure to grieving families and help prevent similar tragedies from happening to others.
"You Have Plenty of Time to File a Wrongful Death Lawsuit"
Many grieving families delay taking legal action because they believe they have unlimited time to file a wrongful death claim. In Texas, however, the statute of limitations for wrongful death lawsuits is generally two years from the date of death. If a claim is not filed within this time frame, the family may lose the right to seek compensation. There are some exceptions, such as cases involving minors or criminal investigations, but it is always best to consult with an attorney as soon as possible.
"If the Deceased Had Life Insurance, a Lawsuit Isn't Necessary"
Life insurance can provide financial support after a loved one’s passing, but it does not hold the negligent party accountable for their actions. A wrongful death lawsuit seeks justice by ensuring that the responsible party is held liable for their wrongdoing. Additionally, life insurance payouts may not cover all expenses, especially if the deceased was the primary breadwinner or required extensive medical care before their passing.
"Hiring a Lawyer Is Too Expensive"
Many families worry that hiring a wrongful death attorney will be too costly, but most attorneys who handle these cases work on a contingency fee basis. This means you do not pay any legal fees upfront, and your attorney only gets paid if they secure compensation for you. This ensures that families can pursue justice without worrying about the cost of legal representation.
Understanding the truth about wrongful death cases can help families make informed decisions and take the right steps toward justice. If you have lost a loved one due to negligence, speaking with an experienced wrongful death lawyer can help you understand your rights and options.
Steps to Take If You Have Lost a Loved One in a Wrongful Death Accident
The aftermath of losing a loved one is difficult, but taking the right steps can help protect your family’s legal rights.
- Seek Support. Grieving is a personal and emotional process. Surround yourself with family, friends, or professional counselors who can help you through this challenging time.
- Gather Important Documents. Keep records of medical bills, funeral expenses, accident reports, and any correspondence with insurance companies. These documents may be essential for your claim.
- Avoid Speaking With Insurance Adjusters. Insurance companies may contact you quickly to offer a settlement. Before accepting any offers, speak with an experienced attorney to ensure you are receiving fair compensation.
- Contact a Wrongful Death Lawyer. The sooner you consult with a lawyer, the better your chances of building a strong case. An attorney can guide you through the legal process and ensure your rights are protected.
Contact García Injury Law Today
If you have lost a loved one in a wrongful death accident in Round Rock, you deserve answers, justice, and financial security. At García Injury Law, we are committed to helping families hold negligent parties accountable and obtain the compensation they need to move forward.
The legal process may feel overwhelming, but you do not have to go through it alone. We are here to listen to your story, explain your options, and fight for your family’s best interests.
Call García Injury Law today at 512-474-4487 or contact us online for a free consultation. Let us stand by your side and pursue the justice your loved one deserves.
