Most people don’t anticipate a close family member’s premature death. When a tragedy such as this occurs, it can be challenging to focus on anything other than making final arrangements and processing the grief you and your family feel in the devastating aftermath of a loved one’s wrongful death.
If you believe another party’s negligence was responsible for your loved one’s death, a Carrollton wrongful death lawyer at Loncar Lyon Jenkins can help you seek compensation. We handle wrongful death actions related to traffic accidents, premises liability, medical malpractice, and more. You can learn about your legal options during a free consultation. We can also start on your case at no charge. We get paid only if you recover compensation.
How Our Carrollton Wrongful Death Lawyer Can Help You
Wrongful death actions allow surviving family members to hold the liable party accountable for their loved one’s death. However, they can be complex. For this reason and others, our personal injury attorneys are here to guide and support you throughout the process. We can help you with the following and more:
- If you recently lost a family member, you’re likely experiencing emotional pain. We can handle all the legal aspects of your case while you and your family focus on healing.
- Wrongful death cases are a core practice area for our firm, so we understand the laws surrounding these cases. We will ensure that we cover all the elements we need to prove your case.
- We can investigate the accident or incident that caused your loved one’s death and speak with witnesses and expert witnesses to determine what happened.
- We can help with legal issues involving the deceased’s estate and other affairs.
- We will handle communications between you and the defendant and their insurer. If you speak to an insurance representative independently, they can use anything you say as evidence against you. Our lawyer can communicate and mediate on your behalf, which will protect you and your rights.
- We can estimate the total value of your financial award. We will ensure that any settlement amount we calculate includes all the damages you are entitled to and pursue the maximum compensation available.
For a free legal consultation with a Wrongful Death lawyer serving Carrollton, call 877-239-4878
Who Can File a Carrollton Wrongful Death Action and Recover Damages?
A wrongful death action allows the decedent’s surviving family members to recover damages. Texas law limits who can file this kind of lawsuit. Under state law, only a decedent’s surviving spouse, child, or parent can recover wrongful death damages through a settlement or court verdict.
These family members may file a legal action together, or one of them can do so on their collective behalf. However, if the surviving family members do not file a lawsuit, a decedent’s estate executor may do so if certain conditions are met. Romantic partners, fiancés, grandparents, siblings, aunts, uncles, and cousins cannot file a wrongful death action in Texas.
Carrollton Wrongful Death Lawyer Near Me 877-239-4878
What Are Recoverable Damages After a Carrollton Wrongful Death?
Damages that surviving family members commonly seek when filing a wrongful death action for a loved one’s loss include the following:
- Funeral and burial expenses
- The decedent’s final medical bills
- Loss of quality of life
- Loss of love and emotional support
- Loss of earnings and financial support
- Loss of household, parental, or spousal services
- Loss of consortium
- Lost benefits, such as a pension or health insurance
- Emotional pain and suffering
Some damages, such as medical expenses, can be objectively calculated. Our attorney can determine precise amounts by using receipts, invoices, and other documents. However, other losses are subjective, such as pain and suffering. Our Carrollton wrongful death lawyer can assess these losses and determine their dollar value and seek them from the liable party.
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We Will Prove Negligence in Your Carrollton Wrongful Death Case
Four elements of negligence must be present in your case to prove that someone caused your loved one’s death. We will gather evidence and investigate your case to show:
- The negligent party owed your loved one a duty of care.
- They breached this duty of care either through an action or inaction.
- This breach directly caused your loved one to suffer fatal injuries.
- As a result, you have damages linked to your loved one’s death, such as funeral expenses and medical bills.
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How Much Time Do You Have to File a Carrollton Wrongful Death Case?
The Texas statute of limitations deadline for wrongful death is two years from the person’s death, per Texas Civil Practice and Remedies Code § 16.003. This is the maximum period parties have to initiate legal action for this type of lawsuit.
You can reach out to our Carrollton wrongful death attorney as soon as possible to ensure your case meets all legal deadlines. We can answer any questions you have about filing an action or Texas’ wrongful death laws.
Examples of Wrongful Death Cases That Can Happen in Carrollton
For wrongful death to occur, another party’s negligence or misconduct must cause it. These cases can involve a wide variety of unfortunate circumstances, such as the following:
- Auto accidents that occur when someone drives while intoxicated, distracted, or tired
- A person’s careless or reckless operation of motor vehicles
- Workplace and construction site accidents caused by poor training, lack of oversight, falling objects, or defective equipment/heavy machinery
- Fires, explosions, and electrical injuries
- Medical malpractice by a health provider who failed to diagnose or treat an illness or injury correctly
- Nursing home neglect and abuse
- Slip and fall or drowning accidents due to premises liability
- Defective products or medications that resulted in a person’s death
- Accidental poisonings and drug overdoses
- Recreational accidents, such as boating, hunting, and swimming
Contact Us Today to Discuss Your Carrollton Wrongful Death Case
Initially, you may not feel comfortable initiating legal action for your loved one’s wrongful death. However, you can speak with an attorney on our team before deciding if filing a wrongful death lawsuit is the right move for you and your family. A rightfully owed settlement can help you move forward and have some closure.
To learn more about wrongful death laws and how we can help you recover compensation for your losses, call Loncar Lyon Jenkins’ legal team for a free and confidential case review.