Wrongful
Death Attorney
Losing someone you love without warning changes everything. One phone call, one accident, one careless decision, and life feels upside down. Bills still come. Questions pile up. And somewhere in the middle of the grief, you are expected to make legal choices you never planned for.
If your family member passed away because someone else failed to act responsibly, Texas law gives your family the right to take action. A wrongful death claim is not about revenge. It is about accountability, financial protection, and making sure your family is not left carrying the burden alone.
At Djiba Law, we represent families in Buda, Texas, who are facing the hardest moments of their lives. Our job is to handle the legal work so you can focus on your family, your healing, and your next steps.
What Counts as a Wrongful Death in Texas?
A wrongful death happens when a person loses their life because of another party’s negligence, carelessness, or wrongful act. In simple terms, if the death could have been prevented had someone acted responsibly, the law may allow surviving family members to pursue a claim.
Common wrongful death cases in Buda and nearby areas include:
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Fatal car accidents on local roads and highways
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Truck and commercial vehicle crashes
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Motorcycle fatalities
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Pedestrian and bicycle accidents
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Workplace and construction site deaths
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Fatal premises liability incidents
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Dangerous or defective product cases
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Medical or professional negligence
People often assume these cases only involve dramatic accidents. That is not true. Many wrongful death claims come from everyday situations where safety rules were ignored.
Who Can File a Wrongful Death Claim in Texas?
Texas law is very specific about who has the right to bring a wrongful death claim. Typically, the following people may be eligible:
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A surviving spouse
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Children, including adopted children
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Parents of the deceased
If none of these parties file within a certain period, the executor or personal representative of the estate may be able to pursue the claim on behalf of the family.
This part can get confusing fast. Families often call us unsure if they qualify. That is normal. A short conversation can usually clear this up.
How Wrongful Death Claims Are Different From Criminal Cases?
This is something many families misunderstand, and it matters.
A wrongful death claim is a civil case, not a criminal one. Even if no criminal charges are filed, or if the responsible party is not convicted, your family may still have a valid wrongful death case.
The goal is not jail time. The goal is financial recovery and accountability. Civil cases focus on compensation for the losses your family now faces.
What Damages Can Families Recover?
No amount of money replaces a life. Everyone knows that. Still, the financial impact of a sudden death can be overwhelming, especially when the person who passed away provided income, care, or support.
A wrongful death claim may help recover compensation for:
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Funeral and burial expenses
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Medical bills related to the final injury or illness
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Lost income and future earning capacity
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Loss of companionship and emotional support
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Loss of guidance, care, and household services
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Mental anguish experienced by surviving family members
In some cases, a related survival action may also allow recovery for the pain and suffering the deceased experienced before passing away.
How Wrongful Death Cases Are Built?
People often think these cases are simple. They are not. Insurance companies fight hard to limit payouts, especially in fatal cases where the financial exposure is high.
A strong wrongful death case involves:
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Investigating how the death occurred
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Identifying all responsible parties
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Collecting evidence, reports, and witness statements
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Working with accident reconstruction professionals when needed
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Reviewing insurance policies and coverage limits
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Calculating both current and future losses
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Preparing for negotiation or trial
This process takes time and attention to detail. Mistakes early on can weaken a case later.
Common Mistakes Families Make After a Fatal Accident
We see this often, and it is completely understandable.
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Talking to insurance companies too soon
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Accepting early settlement offers without knowing the full value
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Waiting too long to get legal advice
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Assuming they do not qualify for a claim
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Thinking a criminal case replaces a civil claim
Insurance adjusters may sound caring, but they work to protect the insurance company. Once a settlement is accepted, you usually cannot go back.
Why Local Experience in Buda Matters?
Wrongful death cases are governed by Texas law, but local knowledge still matters.
Buda is part of Hays County, and cases may involve local roads, workplaces, businesses, or property owners. Understanding how local courts operate, how investigations are handled, and how juries in this area tend to think can make a difference.
We serve families throughout Buda and surrounding areas, including Kyle, San Marcos, and South Austin. We understand the community and the real-world challenges families here face after a loss.
What Makes Djiba Law Different?
Families often ask what sets one law firm apart from another. Here is the honest answer.
We treat wrongful death cases with the seriousness and respect they deserve. That means:
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Clear communication without legal jargon
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Honest answers, even when the truth is hard
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Careful case preparation from day one
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Respect for your family’s time and grief
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A focus on accountability, not quick payouts
You are not just another file. You are a family going through something life-changing.
How Long Do You Have to File a Wrongful Death Claim?
Texas generally allows two years from the date of death to file a wrongful death lawsuit. There are exceptions, but waiting too long can permanently end your right to recover compensation.
Evidence also fades over time. Witnesses move. Records disappear. Acting sooner helps protect your case, even if you are not ready to move forward right away.
What If the Deceased Was Partly at Fault?
This question comes up more than you might expect.
Texas follows a modified comparative fault rule. If the deceased was partly responsible, the claim may still move forward as long as they were not more than 50 percent at fault. Any compensation may be reduced based on their share of responsibility.
Insurance companies often try to exaggerate fault to reduce payouts. That is why careful investigation matters.
What does the Legal Process look like?
Here is what most families can expect:
- A private consultation to discuss what happened
- Investigation and evidence collection
- Filing the wrongful death claim
- Negotiation with insurance companies
- Litigation if a fair settlement is not offered
Many cases resolve through settlement, but preparation for trial is always part of the strategy. That preparation often leads to better results.
Taking the Next Step
If you are reading this, chances are you did not plan to. Losing someone unexpectedly leaves people searching for answers, stability, and a sense of fairness.
You do not have to decide everything today. You do not have to know all the legal details. A conversation can help you understand your options and protect your family’s future.
Djiba Law offers confidential consultations for wrongful death cases in Buda, Texas. There is no obligation and no pressure. Just honest guidance when you need it most.
Frequently Asked
Questions
How much is a wrongful death case worth?
Every case is different. Factors include the deceased’s age, income, role in the family, and the circumstances of the death. There is no standard amount.
Do all wrongful death cases go to court?
No. Many cases settle before trial. Still, preparing as if the case will go to court often leads to stronger settlements.
Can we file a claim if the at-fault party has no insurance?
Possibly. Other sources of compensation may exist, such as employer liability, third-party claims, or underinsured coverage.
What if the death happened at work?
Workers’ compensation may apply, but it does not always prevent a wrongful death claim against third parties. These cases require careful review.
How long does a wrongful death case take?
Some cases resolve in months. Others take longer, especially if litigation is involved. The timeline depends on complexity and cooperation from insurers.
Will we have to relive everything in court?
Most families do not testify extensively, especially if the case settles. When testimony is needed, we prepare you carefully and respectfully.
