In the aftermath of losing a loved one, you should be spending time with your friends and family – not taking on the burden of a wrongful death case. Our legal team in McAllen has lawyers on staff that are ready to recover compensation for your losses. Whether you lost a loved one in a car accident, slip and fall, or oilfield accident, the Strong Arm at Loncar Lyon Jenkins can help you.
How Long do You Have to File Your Wrongful Death Case?
Texas Civil Practice and Remedies Code § 16.003 says that you could have as little as two years from the date of your loved one’s passing to file a lawsuit. This limit is not a long amount of time, as collecting evidence, speaking to witnesses, and identifying the cause of your loved one’s passing can take months.
Do not wait until the last minute to seek legal aid. Doing so could significantly limit your financial recovery options.
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We Can Determine Whether You are Eligible to File a Wrongful Death Case
You must be the decedent’s surviving spouse, child, or parent to pursue a wrongful death action, according to Texas Civil Practice and Remedies Code § 71.004. Additionally, we must prove that because another party acted negligently, your loved one lost their life.
Here are some wrongful death practice areas that our team handles:
- Car accidents
- Motorcycle accidents
- Construction accidents
- DWI accidents
- Slip and fall accidents
- Dog bites
- Truck accidents
- Workplace accidents
- Oilfield accidents
You Can Recover Compensation if You Lost a Loved One
Losing a loved one not only takes a toll on your mental health, but it can also take a toll on your financial resources. Our team has recovered millions of dollars in compensation since we opened our firm in 1988. Some compensable losses in your case could include:
Funeral Expenses
You deserve to put your loved one to rest without having to cut corners. This category can include compensation for:
- The burial plot
- Cremation
- Floral arrangements
- Venue reservations
- The casket
You may be able to include other losses associated with your loved one’s funeral service in your claim.
End-of-Life Healthcare Costs
Your loved one may have required medical treatment before they passed away. Compensation for these medical expenses can include:
- Residency at hospice
- Life support
- Resuscitation
- Medications
- Hospitalization
- Stabilization procedures
- Treatment
We can take into account your loved one’s health insurance policy to arrive at an accurate estimate.
Loss of Consortium
If you lost your spouse due to another party’s negligence, you could recover compensation for loss of consortium. This award is intended to compensate you for the loss of your partner’s affection and society.
Loss of Parental Guidance
You could recover compensation on behalf of your minor children who lost their parent.
Loss of Household Benefits
If your loved one did various things around your home, like caring for your children or mowing the lawn, we can account for these losses in your case.
You could recover other types of losses not included here, such as loss of income and pain and suffering. It all depends on your situation. Your wrongful death lawyer in McAllen can provide more information on this matter.
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We Can Prove That You Lost a Loved One Due to Negligence
To successfully “win” your case, we must prove that you lost a loved one due to negligence, which may require launching an investigation. It might entail:
- Speaking to eyewitnesses
- Consulting accident reconstruction specialists and healthcare professionals
- Gathering physical evidence from the scene (if possible)
- Getting photos and videos of the accident scene and your loved one’s injuries (if possible)
- Requesting traffic camera or security footage
We could resolve your case either through an insurance claim or a lawsuit.
The Four Elements We Must Establish
With the evidence we find, we must prove the following four statements:
- The at-fault party had an obligation to keep others (including your loved one) safe. The at-fault party could be a negligent motorist, property owner, or site manager.
- The at-fault party violated their obligation. This breach could have happened because they drove negligently, failed to maintain a property, or acted carelessly.
- The at-fault party caused your loved one’s passing.
- As a result of losing a loved one, you have financial, physical, and emotional losses.
The American Bar Association (ABA) says that your case will likely be resolved through insurance negotiations. However, this is not the case for everyone. If we cannot resolve your case in this manner, then we can file a lawsuit and fight for you in court.
About Loncar Lyon Jenkins
At our eight locations in McAllen, Houston, Dallas, Wichita Falls, Tyler, Odessa, El Paso, and Lubbock, we represent 7,000 people a year. Here are some things that you should know about us:
- We work on a contingency-fee basis. You do not have to pay us anything at the beginning of your case for us to get started. Payment for our services comes from the settlement we recover for you.
- We have a track record of successful outcomes. We have won millions for our clients in the decades that we have been serving our community. We mean business; when insurance companies see that we’re representing injured claimants, they reconsider their settlement offers.
- We will do everything for you. From negotiating a settlement to bringing your case to trial, you might even forget that your wrongful death case is in progress. We will do everything necessary to bring your case to its fair conclusion. We won’t make any decisions without your approval, either.
- We offer a free case review. You do not need to do any guesswork when deciding to work with our team. We encourage you to give us a call. We can answer your questions and address your concerns at no cost to you. You can even ask us about the benefits of partnering with a wrongful death lawyer serving McAllen from our firm.
Connect with the Strong Arm Today
Do you still have questions about working with our firm? We can answer them. Give us a call at (877) 239-4878 today.