Fatal crashes in Austin, Texas, often result from distracted driving, drunk driving, or reckless behavior. Our firm helps families affected by these preventable tragedies on I-35, MoPac, and other busy area roadways.
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Losing a loved one is a devastating experience — even more so when their death could have been prevented. The compassionate Austin wrongful death attorneys at Omar Ochoa Law Firm understand the profound grief and uncertainty you're facing. We're here to help you seek justice while giving you the space you need to mourn.
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Dedicated Wrongful Death Attorneys Supporting Austin Families
Preventable deaths are a serious concern across the United States. According to estimates from the National Safety Council, there were 222,698 preventable deaths nationwide in 2023.
When someone's negligence or misconduct takes a life, the surviving family members deserve answers and accountability. Our experienced wrongful death lawyers in Austin can provide the strong yet sensitive legal representation you need during this difficult time.
For decades, our firm has stood by families in the Austin community during their most challenging moments. We've successfully recovered millions in compensation for our clients. More importantly, we've helped them find closure and justice for their loved ones.
If you've lost someone you care about due to another person’s actions, you’re not powerless to act. Call Omar Ochoa Law Firm at 956-253-3121 for a free, confidential consultation with a wrongful death attorney.
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Under Texas Civil Practice and Remedies Code § 71.001-71.003, a wrongful death occurs when a person's death is caused by another party's:
For a case to qualify as wrongful death, it must be proven that the deceased would have been entitled to file a personal injury lawsuit had they survived.
Our skilled wrongful death attorneys in Austin handle a wide range of fatal accident cases, including the following:
Fatal crashes in Austin, Texas, often result from distracted driving, drunk driving, or reckless behavior. Our firm helps families affected by these preventable tragedies on I-35, MoPac, and other busy area roadways.
Commercial truck accidents are particularly devastating due to the massive size and weight of the vehicles involved. These crashes often present complex liability issues regarding trucking companies and their insurers.
Motorcyclists are especially vulnerable on Austin's roads, and fatal accidents become possible when drivers fail to see or yield to riders. These cases require thorough investigation to prove liability.
When healthcare providers fail to meet the standard of care, the consequences can be lethal. We help hold medical professionals accountable for their mistakes, from surgical errors to misdiagnoses.
Construction sites and industrial settings in Austin can be dangerous when proper safety measures aren't followed. Our firm helps families navigate both workers' compensation and third-party liability claims.
When dangerous products or medications cause fatal injuries despite proper use, manufacturers must be held responsible. These cases are often characterized by complex product liability laws and high-level corporate defendants.
No matter the circumstances of your loved one's death, our dedicated wrongful death attorneys are here to help you understand your rights and pursue fair compensation.
Texas Law explicitly defines the parties that can file a wrongful death claim. Eligible family members include:
If none of these people file a claim within three months of the death, the executor or administrator of the deceased’s estate may do so unless all eligible family members specifically request that they refrain.
Section 16.003 of the Civil Practice and Remedies Code gives surviving family members two years from the date of the victim’s death to file a wrongful death lawsuit.
However, several factors can affect this deadline:
In some cases, the two-year period might begin when the cause of death is discovered rather than on the date of death. This often applies in medical malpractice or defective product cases where the cause of the harm isn't immediately apparent.
Special notice requirements apply if a governmental entity is implicated in the death. In such cases, the deadline to file a claim may be as short as six months.
If the deceased left behind minor children, the two-year statute of limitations may be tolled (paused) until the children turn 18.
Active-duty military service of the defendant can extend the filing deadline to account for potential time lost as a result of unavoidable duties.
Following an accident that results in death, evidence can disappear quickly, and important documents may be lost or destroyed. Don’t wait to seek legal help — our wrongful death attorneys can help you assert your rights and ensure that all key deadlines are met.
Our capable wrongful death attorneys in Austin are committed to fighting for what's right. Call us today — your initial consultation will always be free and confidential.
The Civil Practice and Remedies Code outlines various types of damages available in wrongful death cases to help families cover the resulting costs and rebuild their lives.
Here's what you should know about your rights to compensation:
Texas law recognizes the significant financial burden of losing a family member by making economic damages available to the survivors. These may include:
Economic damages are those that reflect the financial hardship created by the accident and subsequent death.
While no amount of money can erase the pain of such a deep loss, non-economic damages can help offset the emotional impact of effects like:
Non-economic damages can be challenging to quantify, as it’s difficult to put a price on the presence and contributions of a loved one. A knowledgeable attorney can help accurately calculate an appropriate sum.
Under § 41.003, courts may award punitive damages (also known as exemplary damages) in cases involving:
These damages serve to punish egregious conduct and deter similar behavior. In Texas, such awards are capped at two times the economic damages plus non-economic damages up to $750,000 or $200,000, whichever is greater.
State law requires the jury to specify the amount awarded to each eligible family member. The distribution depends on:
Our Austin wrongful death attorneys can help calculate and prove the losses you’ve suffered, ensuring that your family receives fair and adequate compensation. We understand that no amount of money can replace your loved one. However, securing your family's financial future is an important step in moving forward.
The empathetic attorneys at Omar Ochoa Law Firm can provide comprehensive support throughout every stage of your wrongful death case. Here's how we’ll help make things right while you focus on healing:
We’ll begin gathering evidence immediately, working with experts to uncover the crucial details surrounding your loved one's death. Our team collaborates with medical specialists, accident reconstructionists, and other professionals to build a strong foundation for clients’ cases.
We’ll handle all necessary communication with the insurance companies and opposing parties, protecting you from exploitative practices while pushing for fair compensation. Our seasoned negotiators know how to counter lowball offers and pressure tactics.
From filing deadlines to guiding court appearances, we’ll manage every aspect of the legal process with meticulous care. You can rest assured that your case will be prepared properly, whether we reach a settlement or go to trial.
You'll never feel alone while pursuing your wrongful death claim. Our lawyers are available 24/7 to answer your questions and provide regular updates about your case, offering trustworthy guidance while aggressively pursuing the aid your family deserves.
If a fair settlement is unobtainable, our skilled litigators are prepared to take your case to court. We know how to present your story effectively to a jury and go after maximum compensation.
No matter what challenges arise, our Austin wrongful death attorneys will be by your side throughout the entire experience.
Work with a Skilled Wrongful Death Lawyer
The accomplished wrongful death attorneys at Omar Ochoa Law Firm will sort out the legal complexities while you and your family seek solace in one another. Take advantage of a no-cost, confidential consultation today.
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Here are just a few of the reasons clients trust Omar Ochoa Law Firm to take the lead on their wrongful death cases:
When you're mourning, you need more than just a lawyer — you need a steadfast advocate who truly cares. Our team will treat you like family, providing compassionate support while advocating tirelessly for justice in memory of your loved one.
Having guided many Texas families through wrongful death cases, we understand what you're going through. Our attorneys have helped countless clients secure the compensation they need to rebuild their lives after devastating losses.
Grieving families shouldn't have to worry about legal fees. We accept cases on a contingency basis, meaning you’ll pay nothing unless we win. That way, you can focus on taking care of yourself while we take care of everything else.
Life doesn't wait for regular business hours, and neither do we. Whether you need a shoulder to cry on or have specific questions about your case, our team is here for you at all times, ready to provide critical support whenever you need it.
Our bilingual team ensures that nothing gets lost in translation. We provide a full range of legal services in both English and Spanish to make sure our clients are always comfortable and fully informed about their cases.
Want to hear more about how we help and what we do? Don’t just take our word for it. Read our real client reviews and testimonials - and see videos from our real former clients.
The pain of losing a loved one can be overwhelming, but you don't have to carry the burden alone. While we can't change what happened, we can help you move toward a more secure future and see that those responsible are held accountable.
Our proven wrongful death lawyers in Austin stand ready to be your voice during this difficult time. We’ll fight the legal battle so you can focus on what matters most: healing and honoring your loved one's memory. Call Omar Ochoa Law Firm at 956-253-3121 today to schedule a free, confidential consultation.
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Most wrongful death cases take somewhere between 12 and 24 months to resolve, though this timeline can vary based on case complexity and whether a trial is necessary. We work efficiently to reach a favorable resolution without sacrificing the quality of representation for speed.
Under Texas law, all eligible family members can file claims either jointly or separately. Our attorneys can help coordinate actions between family members to ensure that everyone's rights are protected and work to prevent potential conflicts that could delay your case.
No. Your right to file a wrongful death claim exists independently of any will. Additionally, the estate's executor may file a separate survival action to offset the impacts your loved one experienced before death, such as medical expenses and pain and suffering.
A wrongful death claim compensates the surviving family members for their own losses arising from the death. By contrast, a survival action claim allows the estate to recover damages the deceased person could have claimed had they lived. We can help you pursue both types of claims if applicable.