If you lost a family member in a preventable accident in Gregg or Harrison County, a Longview wrongful death lawyer from Loncar Lyon Jenkins is here to assess your case and see how we may be able to help. Texas law allows some immediate family members to take legal action against the party or parties who caused their loved one’s death in Texas. Our personal injury lawyers handle these lawsuits and related insurance claims.
Our wrongful death attorneys can meet with you virtually, over the phone, or in person for free. We help injured parties and those who lost someone understand their rights and options for getting justice. We are here for you during this difficult time. We may be able to handle your legal case while you focus on what’s most important.
How Does the Texas Wrongful Death Law Get Justice for Families?
Texas wrongful death law, Texas Civil Practice and Remedies Code § 71.002(b), allows certain surviving family members to file a legal action in the appropriate civil court after a negligence accident takes the life of their loved one. Those who can represent the family and file these lawsuits include:
- The surviving spouse
- Surviving children
- One or more surviving parents
- The decedent’s personal representative, if they are not already named, and only under certain circumstances and with permission from the family
Our team can help you determine who can and should act on behalf of your family during your initial consultation. We can also discuss the types of damages available in these cases during this case review. Expenses related to your loved one’s injuries and death may be recoverable. In addition, we often seek:
- Lost income and loss of household earning capacity
- Loss of services and support from the decedent
- Loss of inheritance
- Loss of advice and counsel
- Loss of love and companionship
- Other intangible losses suffered by surviving family members
In some cases, juries award punitive damages in these cases. However, they are generally only available in situations when the at-fault party acted in a grossly negligent way. This means they are not available in most car accidents or slip and fall cases.
A DWI crash might qualify, however. The jury may believe that a drunk driver was grossly negligent and that punitive damages could prevent similar accidents in the future.
Our team can discuss the possibility of punitive damages and the potential value of your case with you before demanding a payout from the insurance company or filing a lawsuit in court. We will not know how much your case might be worth until we complete our investigation into what happened, who was responsible, and the losses your family suffered.
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Developing a Strong Case to Show a Longview Wrongful Death Occurred
Under Texas law, a wrongful death occurs when one party causes another to suffer fatal injuries through committing a wrongful act, neglect, recklessness, carelessness, or other bad behavior. Like other types of personal injury cases, most circumstances that lead to a wrongful death begin with negligence.
Negligence can involve careless or reckless behavior. Often, the at-fault party makes what seems to be a simple mistake. However, the results are life-altering for your family.
For example, imagine a driver failing to see the pedestrian in the crosswalk as they are turning. Your loved one is hit while crossing the street and suffers catastrophic injuries. The driver was negligent and at fault in the crash. This makes them liable for your loved one’s death.
What Types of Accidents Support a Texas Wrongful Death Lawsuit?
Almost any type of injury incident that occurs because of another party’s negligence could support a wrongful death action under Texas law. If the victim would have a viable personal injury claim had they survived, your family has a right to file for damages.
At Loncar Lyon Jenkins, our Longview wrongful death lawyers can pursue compensation for clients based on many different types of accidents. Some of the most common include:
- Car crashes
- Truck accidents
- DWI collisions
- Motorcycle accidents
- Pedestrian collisions
- Rideshare accidents
- Premises liability injuries
- Defective products and product liability injuries
- Dog bites
- Oilfield accidents
- Construction site accidents
We also frequently handle catastrophic injury accidents. In some cases, you may have significant expenses related to the incident because your loved one survived for several days or even weeks before passing away. Our team understands this and can help you pursue compensation to the extent allowed under the applicable Texas laws.
Timeline for Suing the Liable Party in a Longview Wrongful Death Case
Texas has a statute of limitations that applies to wrongful death actions in Longview, Texas Civil Practice and Remedies Code § 16.003. This law generally sets the deadline to file your complaint in civil court two years from your loved one’s date of death.
Failure to make this deadline could bar you from taking legal action and jeopardize your ability to recover any compensation at all in the case.
If we represent you, we can ensure you meet this and all other applicable deadlines in your case. We believe this is imperative to protect your right to seek and recover fair compensation based on your recoverable losses.
Paying for Our Lawyers’ Services
The attorneys from Loncar Lyon Jenkins have helped thousands of individuals and families seek compensation for their injuries and damages with no upfront costs or fees. We handle all wrongful death cases based on contingency.
We never ask our clients to pay upfront costs or fees. Instead, our firm uses our financial resources to cover these costs. We only charge fees if we recover money damages on your behalf, whether through a settlement or verdict.
Discuss Your Legal Options With a Team Member for Free
Loncar Lyon Jenkins provides families who lost loved ones in a Longview accident with free consultations. We will answer your questions and help you get the information you need to decide how you want to proceed with your case. We are here for you. Call in the Strong Arm.