If a member of your family passed away in an accident or incident caused by another person’s careless behavior, Texas law allows you to seek justice in civil court. A Denton wrongful death lawyer from Loncar Lyon Jenkins may be able to help you hold the responsible party legally liable and recover compensation for your losses.
We are a personal injury law firm that helps injured parties and families who lost someone in a negligence accident. We will review your case with you, explaining your rights and the options for pursuing justice and compensation.
Recoverable Damages Under the Texas Wrongful Death Laws
Under Texas Civil Practice and Remedies Code § 71.002(b), families whose loved ones died in negligence accidents can seek money for expenses and losses related to their family member’s death. This includes:
- Lost income and earning capacity for the household
- Lost inheritance
- Lost services and support previously provided for the household and family members
- Lost advice, counsel, and guidance
- Intangible emotional pain and distress experienced by survivors
- Loss of love, companionship, and other non-economic losses
Texas law allows families to recover punitive damages in these cases, as well. This is not common, however. Juries often award punitive—or exemplary—damages in cases when the accident occurred because of a “willful act or omission or gross negligence.” For example, if your loved one died due to injuries from a drunk driving accident, this case could involve punitive damages.
Who Can File a Wrongful Death Action in a Denton County Court?
Texas law limits which family members can file a wrongful death action. This law indicates that the spouse, parent, or adult child of the deceased should file the case on behalf of the immediate family. Regardless of who files, they all can benefit from a successful outcome of the case, whether that is an insurance settlement or a verdict in the state’s civil courts.
The decedent’s personal representative may also take legal action, assuming they are not one of the relatives and those relatives opt not to do so. However, all the immediate family members must agree that they are OK with this. If they object, the personal representative cannot proceed with a lawsuit.
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Loncar Lyon Jenkins Represents Families Who Lost Someone in Denton
At Loncar Lyon Jenkins, our attorneys know this is an extremely difficult time for you and your family. Losing a loved one is never easy, and a different set of emotions comes with a sudden, preventable loss. Our team can help you navigate this tough time, handling your legal case for you so you can focus on what really matters.
Our personal injury law firm has helped thousands of clients seek compensation for their damages, including many who lost loved ones in car accidents or other personal injury incidents. We know getting justice is important to you, and recovering compensation to cover your losses is essential for your financial stability today and in the future.
We work based on contingency. We do not ask for any upfront costs or fees and only charge fees if we recover compensation for you. You do not have to worry about how to pay us today—you will never receive a bill until your case is over.
Elements Required for a Strong Wrongful Death Claim
A wrongful death occurs when someone dies because of an injury caused by another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” What this means is that the same rules apply to wrongful death cases and personal injury claims. The same types of evidence are required, and we must show negligence occurred to recover damages.
There are four elements that are present in any negligence case. Your Denton wrongful death lawyer needs to document that each of these four elements was present in your loved one’s accident to win compensation for you. These elements include:
- A duty of care
- A breach of duty
For example, let’s pretend your loved one was injured in a truck accident. The truck driver failed to clear an adjacent lane before moving into it, colliding with your loved one’s car. In this case:
- The trucker had a duty of care to ensure it was safe to change lanes
- They failed to properly clear the lane before moving into it
- This caused the truck to collide with your loved one’s car
- Your loved one suffered fatal injuries in the crash
We might uncover evidence in our investigation to support this version of events and convince the insurer or jury the trucker acted negligently. This evidence could include:
- The accident report filed by a police officer
- Witness statements
- Video of the crash
- Data from the truck’s onboard computer
- Your loved one’s relevant medical records
Wrongful Death Cases Our Lawyers Handle
At Loncar Lyon Jenkins, we handle a wide range of personal injury and wrongful death cases. If your loved one was hurt in any of the following incidents, or others, we may be able to help:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Falls and other premises liability accidents
- Dog attacks
- Oilfield accidents
- Construction accidents
Connect with us as early as possible after your loved one’s death. We generally only have up to two years to file a lawsuit in a Denton County civil court under Texas Civil Practice and Remedies Code § 16.003.
877-239-4878Available 24/7 | 356 Days | se habla español
Discuss Your Options With a Team Member Today
At Loncar Lyon Jenkins, we provide free consultations and case assessments. We help injured victims and families who lost loved ones to their injuries seek and recover compensation.
We may be able to file your insurance claims or sue and secure a payout based on the facts of your loved one’s accident and death. Call in the Strong Arm and let our team fight for you. We are available for telephone and virtual case reviews today.