Wrongful
Death Attorney
Losing someone you love because of another person’s mistake changes everything. Life does not pause while you grieve. Bills keep coming. Questions pile up. And somewhere in the middle of it all, you are expected to make legal decisions that can affect your family for years.
If this feels overwhelming, you are not alone. Many families in West Lake Hills face the same confusion and pressure after a fatal accident. The law allows certain family members to seek compensation, but the process is not simple or forgiving. Small mistakes can cost you your right to recover anything at all.
What Counts as a Wrongful Death in Texas?
A wrongful death happens when someone dies because another person or company acted carelessly, recklessly, or wrongfully. These cases are civil claims, not criminal cases. The goal is not jail time. It is financial accountability and support for the family left behind.
Common wrongful death cases in and around West Lake Hills include:
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Fatal car crashes on Bee Caves Road or nearby highways
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Truck accidents involving commercial vehicles
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Motorcycle and bicycle fatalities
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Pedestrian deaths near residential areas or intersections
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Medical mistakes that lead to death
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Workplace accidents and construction fatalities
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Dangerous property conditions
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Defective or unsafe products
People often assume a tragic death is just bad luck. Sometimes it is not. If negligence played a role, Texas law gives families the right to act.
Who Can File a Wrongful Death Claim?
This part trips people up.
Under the Texas Wrongful Death Statute, only certain family members can file a claim:
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A surviving spouse
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Children of the deceased, including adopted children
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Parents of the deceased
Siblings, grandparents, and fiancés cannot file a wrongful death claim under Texas law, even if they were financially dependent.
If eligible family members do not file within three months, the personal representative of the estate may be able to step in, unless the family objects.
This is one reason it helps to speak with a wrongful death lawyer early. Waiting too long can limit your options.
What Compensation Can Families Recover?
A wrongful death claim is about more than funeral costs. It is about the full impact the loss has on your family’s life, now and in the future.
Compensation may include:
Economic Damages
These are the financial losses that can be measured.
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Funeral and burial expenses
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Lost income and benefits the person would have earned
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Loss of household services
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Medical bills related to the final injury or illness
Non-Economic Damages
These losses matter just as much, even though they are harder to calculate.
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Loss of companionship and love
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Loss of guidance and support
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Mental anguish
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Emotional pain and suffering
In some cases, punitive damages may apply if the death involved extreme negligence or misconduct.
Wrongful Death vs Survival Actions
People often confuse these two claims. They are different, and both may apply.
A wrongful death claim belongs to the surviving family. It focuses on how the death affected them.
A survival action belongs to the estate. It covers what the deceased person went through before passing, such as pain, suffering, and medical expenses.
Handled correctly, these claims work together to reflect the full scope of harm caused.
Why Location Matters in West Lake Hills Cases?
West Lake Hills is a small, close knit community, but it sits next to high traffic corridors and busy parts of Austin. Fatal accidents here often involve:
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Bee Caves Road traffic
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Construction activity near residential areas
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Visitors unfamiliar with local roads
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Proximity to Barton Creek and park areas
Cases are typically handled through Travis County courts, and local knowledge matters. Understanding how juries view these cases, how insurance companies operate in the area, and how investigations are handled can affect outcomes.
How Djiba Law Helps Families After a Wrongful Death?
At Djiba Law, wrongful death cases are handled with care, focus, and honesty. Families are not treated like files. They are treated like people who deserve clear answers and real support.
Here is what that looks like in practice:
Clear Answers From Day One
Families often feel lost at the start. You will get straightforward explanations about your rights, timelines, and options.
Thorough Case Investigation
Strong cases are built early. This includes gathering evidence, reviewing medical records, working with accident reconstruction experts, and preserving key details before they disappear.
Handling Insurance Companies
Insurance adjusters move fast after a fatal accident. Their goal is to limit payouts. Djiba Law handles all communication so families do not have to.
Trial Ready Representation
Most cases settle. Some do not. Every case is prepared as if it will go to trial, which puts pressure on insurers to act fairly.
No Fees Unless There Is a Recovery
Wrongful death cases are handled on a contingency fee basis. You do not pay upfront legal fees.
Common Mistakes Families Make After a Fatal Accident
This part is tough to talk about, but it matters.
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Waiting too long to speak with a lawyer
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Giving recorded statements to insurance companies
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Accepting early settlement offers
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Assuming fault is unclear so there is no case
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Relying on advice from the at-fault party’s insurer
People often think they are protecting themselves by staying quiet or being cooperative. In reality, it can hurt their claim.
Time Limits for Wrongful Death Claims in Texas
Texas has a two-year statute of limitations for wrongful death cases. That clock usually starts on the date of death.
Miss that deadline, and the case is likely gone forever.
There are limited exceptions, but they are rare. Do not assume time is on your side.
Talk With a West Lake Hills Wrongful Death Lawyer Today
If your family lost someone because of negligence, you deserve answers and support. You also deserve a legal team that takes your case seriously and treats your family with respect.
A conversation costs nothing. It can help you understand what comes next and whether taking action makes sense for your situation.
Reach out to Djiba Law to speak with a wrongful death lawyer serving West Lake Hills and surrounding areas.
Frequently Asked
Questions
How do I know if I have a wrongful death case?
If your loved one died because of someone else’s carelessness, there may be a claim. A lawyer can review the facts and explain your options.
How long does a wrongful death case take?
Some cases resolve in months. Others take a year or more. It depends on the facts, the insurance coverage, and whether the case goes to trial.
Do we have to go to court?
Many cases settle without trial. Still, preparing for court gives your case strength during negotiations.
What if my loved one was partly at fault?
Texas follows a modified comparative fault rule. A claim may still be possible depending on the percentage of fault.
How much is a wrongful death case worth?
Every case is different. Factors include income, age, family relationships, and how the death happened. Any specific number should raise red flags.
Who pays the settlement or verdict?
Usually an insurance company, though sometimes a business or individual may be responsible directly.
How much does it cost to hire a wrongful death lawyer?
At Djiba Law, there is no upfront cost. Legal fees come from a percentage of the recovery if the case is successful.
