You may be coping with financial hardships while grieving if you have lost a loved one because of someone else’s negligence in McKinney. While we know nothing can fill the void of such a loss, we aim to help you receive compensation that can ease the burden while you cope with your loved one’s untimely death.
The McKinney wrongful death lawyers at Loncar Lyon Jenkins understand the difficulties surviving family members face. We are here to help you hold the liable parties accountable for your loved one’s death. You can learn more now during a free consultation with our team member.
Damages You Can Claim for Wrongful Death in McKinney
Per Texas Civil Practice and Remedies Code § 71.002(b), wrongful death is when a death is caused by someone else’s wrongful, neglectful, careless, or unskillful actions or lack of action. If someone suffers a wrongful death, their surviving spouse, children, or parents can seek compensation for their losses, including:
- Funeral and burial costs
- Medical bills
- Lost income
- Loss of inheritance
- Loss of love, companionship, and support
- Emotional anguish
If you lost a loved one due to another person’s wrongful actions, you should not have to worry about covering the expenses associated with your loved one’s death. The McKinney wrongful death lawyers at Loncar Lyon Jenkins will help you through this difficult time.
Survival of Cause of Action
If your loved one had grounds to sue for an accident that caused their death, their heirs, legal representative, or estate can still pursue damages through a personal injury lawsuit. This survival of cause of action allows the deceased person’s estate to hold the at-fault party liable for damages (Texas Civil Practice and Remedies Code § 71.021(b)).
Unlike a wrongful death claim, settlements from a survival action go to the estate, heirs, or legal representative. They are used to pay for outstanding bills related to the injury and the decedent’s death. The remaining settlement is then distributed to the decedent’s heirs in accordance with the will or court order. Our wrongful death lawyers can examine your case and help you determine which options are best for your situation.
In Texas, you can also seek exemplary damages for the loss of your loved one. While rare, the court sometimes awards such damages when the actions that caused the wrongful death are particularly egregious.
A common situation in which exemplary damages may be awarded is driving under the influence (DWI). If a driver caused an accident while under the influence of alcohol or drugs, they may be charged exemplary damages in addition to compensatory damages. Exemplary damages aim to discourage the liable party from repeating their wrongful or reckless actions.
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How to File a Wrongful Death Action in McKinney, Texas
You can sue for compensation when you lose a loved one to wrongful death. Our wrongful death lawyers can guide you through the legal process. We are committed to holding liable parties accountable for their actions. To help you, we will:
- Seek witness statements and expert testimony
- Gather photographs, video footage, police reports, medical reports, and other documented evidence to prove fault
- Establish your claim’s monetary value
- Attempt to settle the claim out of court
- File a lawsuit against the guilty party on your behalf, if needed
If the defendant in your wrongful death suit also faces criminal charges, we can proceed with your civil claim at the same time. Although most wrongful death actions are settled outside of court, our attorneys will not hesitate to fight your case in court.
We Will Pursue Justice for Your Lost Loved One After a Wrongful Death in McKinney
At Loncar Lyon Jenkins, our legal team is committed to holding the responsible parties accountable for your lost loved one. Our McKinney wrongful death lawyers will actively pursue justice and fair compensation on your behalf. No matter how complex your case, we will not hesitate to fight even the largest insurance companies for the settlement you deserve.
We offer a free consultation for wrongful death clients. Our attorneys will hear your story and help you decide on the best course of action. If we take on your case, we will work on contingency and not take any payment until we win your case or achieve a settlement.
877-239-4878Available 24/7 | 356 Days | se habla español
Wrongful Death Statute of Limitations in Texas
Texas Civil Practice and Remedies Code § 16.003 gives surviving relatives two years from the decedent’s death date to file a wrongful death lawsuit. This timeline may differ depending on your claim, so you should speak with our wrongful death attorney as soon as possible.
By filing your claim quickly, your attorney will have a better chance of obtaining the evidence they need to prove fault. In addition, witness statements will be clearer and easier to get shortly after the accident. Witnesses are less likely to forget important details that can help your case.
Causes of Wrongful Death in McKinney, TX
The at-fault party should be held fully accountable when someone loses their life because of someone else’s actions. Wrongful death can occur in any of the following:
- Motor vehicle accidents
- Rideshare accidents
- Pedestrian and bicycle accidents
- Medical malpractice
- Defective pharmaceuticals
- Dog bites
- Oilfield accidents
- Traumatic brain injury
- Construction accidents
Texas wrongful death laws can be complex and confusing, especially when you are grieving the loss of someone close to you. A wrongful death attorney can guide you through the claims and legal filings and conduct negotiations for you. The wrongful death attorneys at Loncar Lyon Jenkins understand that you need time to grieve. We will handle your case so that you can focus on recovering your health and well-being.
Our McKinney Wrongful Death Lawyers Are Here to Help
If you lost a loved one because of someone else’s negligent or wrongful actions, you may be able to seek compensation for your losses. Our attorneys serving McKinney can review your situation during a free consultation and let you know how to proceed with a wrongful death action.
Our compassionate legal team will provide you with a thorough case analysis, so you can decide how to move forward. Give us a call today.