Every day, people are injured due to car accidents, slip and falls, and other accidents caused by someone else’s negligence. Many of these people are able to recover. However, in some accidents, the victim does not survive due to the careless actions of a third party. In these situations, surviving family members may be able to bring forth a wrongful death claim and pursue compensation for the damages they sustained.
If your loved one died in an accident caused by another person’s negligence in Arlington, reach out to the lawyers at Loncar Lyon Jenkins to discuss your wrongful death claim. Set up your free case review by calling us today. Our Arlington, TX personal injury attorneys are standing by.
What You Need to Know About Wrongful Death Claims and Lawsuits
Under Chapter 71 of the Texas Civil Practice and Remedies Code, a wrongful death action may arise when someone causes an individual’s death due to their:
- Wrongful act
- Negligence
- Carelessness
- Unskillfulness
- Default
Employers and business owners are liable for any of the above acts that are committed by their employees.
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We Help Arlington Families After All Types of Fatal Accidents
Due to the broad nature of Texas’ wrongful death law, an eligible family member may be able to bring a wrongful death claim if the loved one died in an accident such as:
Motor Vehicle Accidents
In 2022, one person was killed every one hour and 57 minutes in a motor vehicle accident in the state, according to the Texas Department of Transportation (TxDOT). Motor vehicle accidents may be caused by various forms of negligence, including:
- Speeding
- Distracted driving
- Drunk driving
- Reckless driving
- Violating traffic rules
Truck Accidents
Those driving trucks (and the companies that employ them) are responsible for following federal regulations, including checking the vehicle before completing drives and taking required breaks. However, not everyone follows these rules.
Motorcycle Accidents
Because motorcyclists have little protection in a collision, even low-speed crashes can result in catastrophic injuries or death.
Pedestrian Accidents
More than 800 pedestrians died in traffic accidents in 2022, according to the TxDOT. Drivers who operate their vehicles while distracted should be held accountable for their negligent action—or inaction.
Construction Accidents
Construction is one of the most dangerous industries. The Occupational Safety & Health Administration (OSHA) reports that the four leading causes of death in the construction industry are falls, (being) struck by an object, (being) caught in or between something, and electrocution.
We can help you with construction and other workplace accidents.
Oilfield Accidents
Because the United States—largely via Texas—is one of the largest suppliers of oil in the world (as affirmed by the U.S. Energy & Information Administration (EIA), oilfield accidents are not unheard of here. However, the consequences of these accidents are often tragic. Negligent third-party contractors that caused or contributed to your loved one’s passing could be held responsible.
Dog Bites
In the most serious dog bite cases, a victim may be violently attacked or develop deadly rabies, leading to eventual death. Owners have a responsibility to keep everyone safe. If they did not have a leash on their pet or fence around their yard, they could be liable for your injuries and pain and suffering.
Slip and Falls
Slip and falls can sometimes be deadly, especially for older people. The National Council on Aging (NCOA) reports that falls are the leading cause of death and non-fatal injuries for older Americans. Nursing home staff should be supervising residents at all times. If they did not, you may be able to file a lawsuit.
If you lost a loved one in any of these fatal accidents above (or in another situation in which you think there may be legal grounds to bring forth a wrongful death claim), you may be considering talking to a wrongful death attorney. Many personal injury law firms provide a free case review in which they examine the claim and determine if you have cause for legal action.
Our Personal Injury Attorneys Can Prove How Your Loved One Lost Their Life Due to Negligence
Our wrongful death lawyers must prove the following:
- The at-fault party owed your loved one a duty of care.
- They breached their duty by behaving negligently.
- Their negligence caused your accident.
- You suffered damages, such as medical expenses, lost wages, or pain and suffering.
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Who Can Bring a Wrongful Death Claim?
Texas law only allows a limited group of people to bring forth such a claim. An Arlington wrongful death lawyer can discuss whether you can take such a step.
Chapter 71 of the Texas Civil Practice and Remedies Code states that a wrongful death claim is brought for the exclusive benefit of the decedent’s spouse, children, and parents. If the decedent’s spouse, children, or parents do not want to file a claim, the decedent”s personal representative can file.
Call Loncar Lyon Jenkins to speak to a team member about your options.
Our Wrongful Death Attorneys Can Fight for Compensation for Your Damages
Chapter 71 of the Texas Civil Practice and Remedies Code provides for two distinct legal actions, each with the possibility of recovering compensation:
Damages Available in a Wrongful Death Settlement or Lawsuit
A wrongful death lawsuit allows the plaintiffs to recover compensation for the losses that they have suffered due to the death, including:
- Loss of care, maintenance, support, advice, and counsel
- Loss of companionship, society, and other positive benefits from the relationship
- Loss of consortium
- Loss of services and reasonable contributions of a pecuniary value
- Loss of inheritance that the family member likely would have received had the decedent survived
- Past and future mental anguish and grief
- Funeral expenses
- Burial expenses
Damages Available in a Survival Claim
A survival claim allows the decedent’s estate to recover compensation that the decedent would have been able to recover through a personal injury claim had he or she survived. These damages may include:
- Medical bills
- The decedent’s pain and suffering
- The decedent’s lost wages
Survival claims are more common in cases in which there was a delay between the time of the accident that caused the decedent’s injuries and his or her death. A lawyer can explain the distinction between these two types of claims and explain what damages may be recoverable in your particular situation.
There Is a Time Limit to File a Wrongful Death Lawsuit in Texas
In most situations, the surviving family only has two years to file a wrongful death lawsuit in accordance with Texas’ statute of limitations. However, there are some exceptions that may provide additional time to file such a claim.
Because exceptions are rare, it is advised that you speak with a personal injury lawyer to determine whether you still have time to file a wrongful death claim.
Contact Our Personal Injury Team Today for a Free Case Review
If you lost a loved one in an accident caused by someone else’s negligence, we know that no amount of money will bring them back. However, an Arlington, TX wrongful death lawyer from Loncar Lyon Jenkins can help you pursue a legal claim against the negligent party in the hopes of easing the financial burden. Contact us today to explore your options.
