Losing a loved one suddenly is one of the most painful experiences a family can endure. When that loss is caused by someone else’s careless or wrongful actions, the emotional toll is compounded by anger, confusion, and unanswered questions. Families in Bastrop often find themselves facing not just grief, but also financial uncertainty and the need to make difficult legal decisions during a time of mourning.
In a community like Bastrop, where neighbors know one another and ties run deep, a wrongful death can leave a lasting impact. The loss of a family member—whether from a tragic accident on Highway 71, a workplace incident on a construction site, or a preventable medical error—can ripple through families, churches, and schools.
Our lawyers at García Injury Law understand the devastation a wrongful death causes. We are here to help families throughout Bastrop County find answers, hold negligent parties accountable, and seek the compensation they need to begin rebuilding their lives.
What Qualifies as a Wrongful Death Under Texas Law
Wrongful death is a legal term that describes a situation where someone loses their life due to another party’s negligence, recklessness, or intentional wrongdoing. These cases are civil in nature, meaning they focus on financial compensation and accountability—not criminal punishment.
Who Can File a Wrongful Death Claim
In Texas, not everyone who loved the deceased can file a wrongful death lawsuit. State law limits eligibility to the surviving spouse, children (including legally adopted children), and parents of the deceased. If these individuals do not file a claim within three months of the death, the executor or administrator of the estate may step in to pursue a claim on the family’s behalf.
Siblings, grandparents, and other extended family members are not eligible to bring a wrongful death action under Texas law.
Wrongful Death vs. Survival Claims
It’s important to understand the distinction between a wrongful death claim and a survival claim. A wrongful death action seeks compensation for the surviving family’s losses, such as emotional pain, lost companionship, and financial support. A survival claim, on the other hand, allows the deceased’s estate to recover for the pain and suffering the person experienced before death, as well as any medical expenses incurred.
Both claims can be pursued simultaneously, and our lawyers can help you understand how they apply to your specific case.
Time Limits to File
Texas law sets a strict deadline—called the statute of limitations—for filing a wrongful death lawsuit. In most cases, you have two years from the date of death to take legal action. However, certain circumstances, such as the involvement of a minor or the late discovery of negligence, may impact this timeline.
Our team can help you understand the applicable deadlines and make sure your case is filed on time.
Common Causes of Wrongful Death in Bastrop
No two cases are the same, but many wrongful death claims arise from preventable events that happen all too frequently in and around Bastrop. From highway crashes to unsafe workplaces, these tragedies often have one thing in common: they could have been avoided.
Fatal Traffic Accidents
Bastrop’s mix of rural highways and growing suburban traffic makes collisions more likely. Fatal car, truck, and motorcycle accidents are often caused by speeding, distracted driving, or driving under the influence. Intersections like those along State Highway 95 or FM 304 have seen their share of deadly crashes.
Our lawyers have helped families seek justice after accidents involving reckless drivers, poorly maintained roads, or defective vehicle parts.
Workplace and Industrial Accidents
Construction zones and agricultural sites around Bastrop can be dangerous places to work, especially when safety protocols are ignored. Falls from height, machinery malfunctions, and exposure to hazardous materials are just a few of the ways these accidents can become fatal.
When employers fail to maintain a safe work environment, our team steps in to investigate and hold them accountable.
Medical Negligence
While most healthcare providers in Bastrop work hard to care for their patients, mistakes do happen. Misdiagnosis, surgical errors, or medication mix-ups can lead to tragic outcomes. Families who have lost someone due to medical negligence may be entitled to pursue a claim against the responsible provider or facility.
Defective Products
Manufacturers and retailers have a duty to ensure their products are safe for consumers. If a defective product—like a faulty airbag, unsafe medication, or malfunctioning appliance—causes a fatal accident, you may have grounds for a wrongful death lawsuit. Our attorneys can investigate whether a design flaw, manufacturing defect, or inadequate warning contributed to the loss.
Criminal Acts and Negligent Security
Wrongful death claims can also arise from criminal acts, such as assaults or shootings. In some cases, property owners may be held liable for failing to provide adequate security, particularly if the incident occurred in a business, apartment complex, or parking lot where prior threats were known.
The Legal Process After a Wrongful Death
Losing a loved one is difficult enough without the added burden of navigating the legal system. That’s why our team at García Injury Law takes the lead, managing each step of the process with compassion and professionalism.
Starting With a Free Consultation
The first step is a conversation. We’ll listen to your story, review the details of your case, and explain your rights and legal options. There’s no pressure or obligation—just the information you need to decide how to move forward.
Our consultations are confidential and designed to empower you with clarity. Whether or not you decide to pursue legal action, you will leave the conversation better informed and supported.
Conducting a Full Investigation
Once we begin working together, our attorneys will launch a thorough investigation. This may include obtaining the accident or incident report, securing medical records, interviewing witnesses, analyzing surveillance footage, and working with outside experts. In cases involving complex liability, we may consult with accident reconstructionists or forensic specialists.
We understand that time is critical. Evidence can disappear or be altered. Our team moves quickly to preserve and document everything necessary to strengthen your case.
Communicating With Insurance Companies
Insurance adjusters often reach out quickly after a fatal accident with settlement offers that fail to reflect the full extent of your family’s loss. Our lawyers handle all communication with insurance companies to protect your interests. We push back against attempts to delay, deny, or devalue your claim.
It’s not just about dollars—it’s about dignity. We make sure the insurance company recognizes the full impact of your loss.
Building a Strong Case for Negotiation
Most wrongful death claims are resolved through settlement. But a fair settlement requires preparation. Our legal team collects and organizes evidence, consults with experts, and develops a clear account of what happened and how it affected your family.
This attention to detail helps us negotiate from a position of strength. We’re not just asking for compensation—we’re showing exactly why your family is entitled to it.
Preparing for Trial If Necessary
While many cases resolve through negotiation, some proceed to court. We prepare every case as if it may go to trial, gathering the evidence and expert testimony needed to present a compelling case before a judge or jury. You’ll never face the courtroom alone—our team will be by your side every step of the way.
We handle the complexities of the courtroom so you can focus on healing. From filing motions to cross-examining witnesses, we approach trial with confidence, clarity, and unwavering commitment.
Legal Guidance Without Added Stress
Throughout the process, our goal is to make the legal experience as supportive and stress-free as possible. We provide regular updates, answer questions promptly, and explain every step in straightforward terms.
At García Injury Law, we believe in advocacy that feels human. Your family has already been through enough—let us take the legal weight off your shoulders.
What Compensation Can Cover in a Wrongful Death Claim
While no amount of money can replace your loved one, a wrongful death claim can help ease the financial pressure and bring a measure of accountability. These claims are not only about compensation—they’re about recognition of your loss and the impact it has had on your life.
Financial Losses Add Up Quickly
The tangible costs of an unexpected death can be overwhelming. From the moment of the incident through the aftermath, families face bills they never anticipated. These may include:
- Funeral and burial expenses, which often run into the thousands
- Loss of income and future earnings that the deceased would have provided
- Loss of benefits such as health insurance, pensions, or retirement contributions
- Medical costs stemming from emergency treatment or end-of-life care
Without compensation, these expenses can place a significant burden on surviving family members. Our lawyers at García Injury Law work to ensure these financial realities are fully accounted for in your claim.
Emotional Losses Deserve Recognition
Wrongful death claims also address the emotional toll on your family. These non-economic damages reflect the deep, personal losses that can never be measured in dollars alone:
- The absence of companionship and shared life experiences
- Emotional suffering, grief, and distress experienced by loved ones
- The loss of parental guidance and care for surviving children
These losses touch every part of a family’s daily life and future. Our legal team takes the time to understand what your loved one meant to you—and we translate that story into a clear, compassionate case for recovery.
When Punitive Damages Apply
Some tragedies result from conduct so reckless or egregious that punitive damages are warranted. These damages are awarded not to compensate your family directly, but to punish the wrongdoer and discourage similar actions in the future. For example, if a company knowingly ignored safety protocols that led to a fatal accident, or if a driver caused a deadly crash while intoxicated, the court may consider additional penalties.
How García Injury Law Builds a Comprehensive Claim
Your loss is unique—and your claim should reflect that. Our lawyers work with experts in medicine, economics, and mental health to fully evaluate how your loved one’s death has affected every part of your life. We look beyond bills and paychecks to capture the personal relationships, routines, and futures that were changed forever.
We take a strategic, personalized approach to compensation. That means pursuing the full range of damages available under Texas law and never settling for less than your family deserves. When you work with García Injury Law, you gain a team that puts your needs first and stands beside you throughout the legal journey.
Why Work With García Injury Law
Choosing the right legal team after a wrongful death can make a meaningful difference in your recovery. At García Injury Law, we combine legal experience with heartfelt commitment to every family we represent.
Deep Roots in Bastrop and Central Texas
We’re not outsiders. Our team understands the roads, communities, and court systems across Bastrop County. That local insight helps us better represent your case and connect with jurors who live in the same neighborhoods you do.
A Client-First Approach
From your first call to the resolution of your case, you’ll be treated with respect, patience, and care. We know this is one of the hardest times in your life. You won’t be rushed, ignored, or treated like just another file. Your story matters, and we’re here to honor it.
No Fees Unless We Win
We handle wrongful death cases on a contingency fee basis. That means you pay nothing upfront—and nothing at all unless we recover compensation for you. Our focus is on getting results, not adding to your stress.
Personalized Legal Support
We customize every case strategy based on your goals, your challenges, and your loved one’s story. Whether it’s negotiating quietly or preparing for trial, our team is guided by what’s right for you.
Talk to a Bastrop Wrongful Death Lawyer Today
You shouldn’t have to face this journey alone. If someone else’s negligence led to the loss of your loved one, let our team help you find the path forward. We’re here to answer your questions, protect your rights, and stand beside you every step of the way.
Call García Injury Law today or contact us online to schedule your free consultation. Let us help you seek justice—and start healing.
