Successful Cases
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Applewhite
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A Compassionate Austin Wrongful Death Attorney You Can Rely On
Losing a loved one unexpectedly is one of the most heartbreaking experiences a family can endure, but when a death is caused by someone’s negligence, the pain cuts even deeper. During this difficult time, you need more than just legal guidance — you need compassion, support, and someone who truly understands what you're going through.
I’m Austin wrongful death attorney Ashley Applewhite. I am here to stand beside you, offering the legal strength and the personal care your family needs. We’re committed to helping you seek justice, protect your future, and begin the long journey toward healing.
What Are Wrongful Death Claims in Austin, TX
Under Texas law, a wrongful death occurs when someone’s negligent, reckless, or intentional actions cause another person's death. The law allows surviving family members — including the surviving spouse, children, or parents — to file wrongful death claims to seek compensation for their devastating loss.
Wrongful death lawsuits often arise from:
- Motor vehicle accidents
- Pedestrian and bicycle accidents
- Car accidents involving gross negligence
- Workplace fatalities
- Defective products leading to fatal injuries.
If you've lost someone under such tragic circumstances, you have the legal right to file a wrongful death lawsuit and seek justice through the civil court system.
What’s the Difference Between a Wrongful Death Lawsuit and a Criminal Case?
A wrongful death claim is a civil court action seeking financial compensation, while criminal charges focus on punishing the wrongdoer through jail time or fines. A wrongful death claim is filed by a family member or the deceased’s estate, and a criminal case is prosecuted by the state. Even if no criminal charges are filed, you can still pursue a wrongful death claim.
Common Causes of Wrongful Death Cases in Austin
Sadly, wrongful death can result from many types of negligent or reckless behavior. I frequently help families in Austin facing wrongful death claims involving:
- Motor vehicle accidents caused by distracted or impaired drivers.
- Pedestrian or bicycle accidents causing fatal injuries after being struck by a vehicle.
- Workplace accidents due to unsafe conditions or OSHA violations.
- Defective products that are designed dangerously or manufactured improperly, causing fatal harm.
- Criminal acts where a defendant's breach of a legal duty led to someone's death.
Whether through negligence or recklessness, when someone else's actions cause fatal injury, families deserve the opportunity to seek justice.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law restricts who may file a wrongful death lawsuit. Typically, eligible family members include:
- The surviving spouse (including a recognized common law spouse)
- Surviving children (including adult children)
- Surviving parents of the deceased person.
If the deceased person did not have a surviving spouse, children, or parents, the claim may be brought by any other family member who is entitled to inherit from the deceased’s estate.
If these family members don't file within three months of the death, the executor or administrator of the deceased’s estate may file instead.
Statute of Limitations for a Wrongful Death Lawsuit in Texas
In Texas, you generally have 2 years from the date of your loved one's death to file a wrongful death lawsuit. Some exceptions exist, but acting quickly preserves evidence and strengthens your case.
How Is Compensation Divided Among Surviving Family Members?
Wrongful death compensation is usually divided according to the loss each family member suffered. A court will assess evidence and determine the fairest distribution if needed. If there were a settlement and no court involvement, the family members could decide.
Ready to Seek Justice for Your Loved One?
Contact me today for a free consultation. I'll personally walk you through the wrongful death claim process and fight for the accountability your family deserves.
Types of Damages You Can Recover in a Wrongful Death Case
Through a wrongful death lawsuit, surviving family members can recover compensation for both economic damages and non-economic damages, including:
- Medical expenses incurred between the injury date and the loved one's death.
- Funeral expenses and burial costs.
- Lost income and earning capacity that the deceased would have provided.
- Loss of companionship, love, and support.
- Mental anguish and emotional suffering.
- Punitive damages are available in rare cases involving gross negligence or willful misconduct.
Every case is different, and my role as your wrongful death lawyer is to fully document the scope of your losses and fight for every dollar you deserve.
Why Choose Applewhite Law Firm for Your Austin Wrongful Death Case?
I understand that after a loved one's wrongful death, you need more than just a lawyer — you need someone who listens, who cares, and who fights.
When you choose Applewhite Law Firm, you're getting:
No win, no fee: You’ll pay nothing unless we recover compensation.
Direct attorney access: You'll work directly with me, not passed off to a legal team.
24/7 availability: When dealing with tragic circumstances, you need honest answers — day or night.
Insurance industry knowledge: Having defended insurance companies earlier in my career, I know their tactics for devaluing claims and how to beat them.
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Lost a Loved One Due to Negligence? Get Help.
Let’s discuss how we can pursue justice and hold the at-fault party accountable. I'll personally review your wrongful death case — no cost, no pressure.
Start Your Wrongful Death Case with Exceptional, Compassionate Representation
Reach out to me, I’ll listen carefully to your situation and explain how we can take action to seek justice and full compensation for your family.