At Loncar Lyon Jenkins, we want to help your family if a loved one passed away due to another party’s negligence. Our team can help you fight for compensation. We know that money cannot take the place of your loved one. However, a financial award could lift some pressure that you might be feeling after your loved one’s passing.
A Houston wrongful death lawyer from our team can offer you legal assistance at no out-of-pocket cost. Contact Loncar Lyon Jenkins to discuss your Houston wrongful death case. Our Houston personal injury lawyers hold negligent parties responsible and negotiates settlements with insurance companies or pursues wrongful death lawsuits.
The Forms of Compensation That Might Be Available to You
If you wish to file a wrongful death claim or lawsuit, you could secure compensation to pay for numerous losses. These losses fall into one of two categories, which include economic and non-economic damages. Our wrongful death attorneys identify and document these recoverable damages and seek fair compensation based on the case facts.
Economic damages compensate for measurable financial losses that occur due to the death of your loved one. The purpose of these damages is to make the heirs of the deceased party financially whole.
This could include covering the following costs:
- The loss of the decedent’s expected income
- Loss of inheritance in the future
- The loss of other financial benefits the decedent could provide
- The decedent’s medical expenses
- The decedent’s funeral expenses
- Loss of household services usually provided by the deceased person
There are also subjective losses that come with a wrongful death lawsuit, which are non-economic damages. Pursuing these types of damages have nothing to do with recouping financial losses. Instead, they provide for the immeasurable hardship and harm that can come with an unexpected death.
Some examples of non-economic damages in a wrongful death lawsuit can include:
- Your pain and suffering
- Loss of consortium
- Loss of guidance
- Loss of companionship and love
You might be struggling to stay afloat if you lost the primary source of income for your family. Your financial pressures may make you think you cannot afford a lawyer. However, our team does not expect you to pay us anything upfront.
Your Houston wrongful death lawyer will take their attorney’s fees out of the settlement or judgment we win for you. This has made it easier for our past clients to afford a lawyer, and we hope it helps you too.
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You Might Have Two Years to File a Lawsuit
Wrongful death lawsuits are no different than any other civil suit filed in Texas, in that the statute of limitations applies. The statute of limitations acts as a formal deadline for filing a legal claim.
Sec. 16.003 of the Texas Civil Practice and Remedies Code states that a decedent’s family typically has two years to file a wrongful death lawsuit. Should you file your case after the expiration of that deadline, you could lose out on your ability to recover compensation.
Certain exceptions may apply to the statute of limitations in wrongful death cases. These exceptions can involve an unknown defendant or a death that results from an act of fraud. However, assuming that these exceptions apply to your case is never wise.
Applying these exceptions to wrongful death lawsuits is uncommon, and the assumption that they apply to you could put your recovery at risk. Our firm can review the facts of your case and advise you on the amount of time you must file your lawsuit.
Loncar Lyon Jenkins Can Show Negligence and Liability
Our team is committed to helping you and your family move forward during this difficult time. To show the insurance company or a judge and jury that the at-fault party owes your family compensation, we will have to prove:
- The liable party owed a duty of care to the deceased party
- The liable party violated their duty of care
- This violation resulted in your loved one’s death
- Your loved one’s death has caused you and your family to incur financial losses
Call the Loncar Lyon Jenkins team today for a free consultation regarding your case. Our personal injury lawyers understand how quickly bills can pile up and the mental anguish that often accompanies losing an immediate family member. Our legal team is here to help. We can discuss your wrongful death cases or survival action with you today for free.
How the Liable Party Could Be Responsible for Your Loved One’s Passing
There are many different circumstances that could result in the loss of a family member. Almost any incident that could support a personal injury case will also support a wrongful death action. This is true any time the victim passes away before they could sue the liable party for their injuries and damages.
Some of our law firm’s wrongful death practice areas include:
Many different things can cause a car accident. If someone else is primarily responsible for your loved one’s passing, a Houston wrongful death lawyer could help you.
Your loved one’s fatal accident could have been caused by:
- Negligent actions by a careless or reckless driver
- Vehicular malfunction
- Distracted driving
- Road rage or aggressive driving
If a vehicular defect or malfunction caused the accident, you could hold the car’s manufacturer or dealership responsible. When a negligent driver causes a crash, they are generally liable.
We handle wrongful death cases based on a wide range of motor vehicle accidents, including pedestrian accidents and motorcycle accidents. Our legal team can explain more when you call us today.
The Federal Motor Carrier Safety Administration (FMCSA) regulates how the commercial trucking industry should run. If a driver violated the FMCSA’s rules by driving while overtired or overloaded, they and their employer could be liable for any accidents.
Through the doctrine of vicarious liability, the trucking company could also be negligent. They might have encouraged the driver to overload their truck, speed on the highway, or drive longer hours than what is allowed.
The company might also have failed to perform an adequate background check on the driver and might not have noticed prior traffic violations, such as a driving while intoxicated (DWI) conviction.
Slips, Falls, or Other Premises Liability Accidents
Property owners must maintain their residences and businesses so that everyone that comes onto the land or into the building is safe. If your loved one suffered fatal injuries on another party’s property, you could sue for negligence.
Liability for their damages could rest on a restaurant owner who failed to clean up a spill or a landlord who let a broken light fixture remain in a walkway. You could also potentially sue a municipality for failing to maintain a public building, park, or roadway.
There are time limits on filing these types of lawsuits, though. Your lawyer will know more about this and can guide you through the claims or litigation process.
Medical malpractice can happen when a healthcare professional does not uphold their field’s standard of care. For instance, a surgeon might have left a foreign object inside of your loved one.
A doctor may have prescribed your loved one a medication that was contraindicated with another drug they were taking. Your loved one may have had an illness improperly diagnosed. Your late family member’s doctor could be liable for your damages.
When we entrust a loved one to a nursing home, we expect them to receive the best possible standard of care. Your loved one could have contracted bedsores or suffered abuse at the hands of a nursing home’s care staff.
A Houston wrongful death lawyer will identify the responsible parties and hold them accountable for your damages.
877-239-4878Available 24/7 | 356 Days | se habla español
A Wrongful Death Suit Is Not a Criminal Prosecution
It is easy to confuse the concept of a wrongful death lawsuit with a criminal prosecution. While the death of another person is often a criminal matter, a wrongful death lawsuit is a civil case that is entirely unrelated to the prosecution.
There are several differences between a wrongful death case and a criminal prosecution, including the burdens, proceedings, and outcomes of each case.
The bar for proving guilt in a criminal case is much higher. To secure a conviction, the state must prove guilt beyond a reasonable doubt.
The bar for proving guilt is lower with a civil lawsuit, as you only need to establish your case based on the preponderance of the evidence.
With a criminal prosecution, the state is responsible for filing the charges. The prosecutor might ask the surviving relatives of the victim for input, but they are in total control of how the case proceeds.
Wrongful death cases are different. Not only are they filed in civil court, but they are also pursued by the family of the decedent. This puts the control of the case in their hands—not the state’s hands.
A favorable outcome in a wrongful death lawsuit is financial compensation for the decedent’s heirs. A criminal prosecution, on the other hand, is about holding the perpetrator accountable through penalties like jail time or fines.
The outcome of a criminal case has no bearing on the civil case or vice versa. The burden of proof is different, and it is generally easier to recover compensation in a civil case than to get a conviction in a criminal case. However, doing so still requires resources, knowledge, and experience that you may not have without help from a wrongful death lawyer.
Loncar Lyon Jenkins Can Help You Pursue Justice
Only certain parties can file a wrongful death claim or lawsuit in Texas, including the decedent’s spouse, children, or parents. Your Houston wrongful death lawyer can explain more about how the financial recovery process works.
Do not let the individual or party responsible for your loved one’s passing get away with what their action or omission caused. We know you are in pain. We can take the burden of filing a wrongful death claim or lawsuit off your shoulders so you can grieve. Call Loncar Lyon Jenkins or use our free case evaluation form to learn about your family’s legal options.