A Pasadena wrongful death lawyer from our team may be able to help you and your family navigate the Harris County civil court system and recover compensation for your loved one’s preventable death. At Loncar Lyon Jenkins, we understand how shocking and difficult it is to lose someone suddenly in a negligence accident. We may be able to get justice for you and your lost loved one by filing a claim or lawsuit.
A team member from Loncar Lyon Jenkins can review your case and discuss your options with you for free today. Our personal injury team helps accident victims and families who lost someone due to their injuries. If another party caused your loved one’s death, Texas law allows you to hold them financially responsible for your financial and emotional losses.
Understanding How Wrongful Death Actions Work in Texas
Under Texas Civil Practice and Remedies Code § 71.002(b), families whose loved one died because of someone else’s carelessness or recklessness can pursue compensation for many damages, including:
- Loss of household income and earning capacity
- Loss of future inheritance
- Loss of services usually performed by the decedent
- Loss of counsel, advice, care, and support for survivors
- Loss of love and companionship
- Other mental anguish and emotional losses experienced by survivors
When the accident or incident resulted from “a willful act or omission or gross negligence,” punitive damages may be possible. These are meant to penalize the at-fault party and prevent similar occurrences in the future. They are only available through a jury award at trial. Texas law also specifies who can file a wrongful death action. This is generally limited to the decedent’s:
- Surviving spouse
- Adult children
- Guardians on behalf of minor children
Generally, one of these parties will file on behalf of all the surviving family members. Under some circumstances, a personal representative named in the will or by the probate court can file this legal action. This is only possible if the family does not act before and no survivors object to the personal representative doing so. Any proceeds will still benefit the family.
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Does My Loved One’s Accident Support a Pasadena Wrongful Death Case?
At Loncar Lyon Jenkins, our attorneys assess personal injury and wrongful death cases every day. We understand what is required to qualify to take legal action or recover compensation. We will discuss your case with you at no cost and offer our honest opinion about your legal options.
In general, if another party’s carelessness or other bad behavior caused or contributed to the incident and your loved one’s injuries, you may have a case. Some of the most common practice areas where we see wrongful deaths occur include:
- Auto accidents, including car, truck, motorcycle, and pedestrian crashes
- Drunk driving and other DWI accidents
- Premises liability, including slip and fall cases
- Swimming pool incidents
- Dog bites
- Defective products and product liability injuries
- Oilfield accidents
- Construction accidents
How Does Texas Law Define “Wrongful Death”?
Texas law defines wrongful death as a death that occurs because of an injury caused by someone else’s:
- Wrongful act
In general, the state allows claimants to move forward with legal actions if their loved one would have had a valid personal injury claim had they survived. Most of the cases we see occurred because of another party’s negligence. This is true in both personal injury and wrongful death cases. To this end, our team works to prove what happened and who was responsible by gathering evidence to show the four elements of negligence:
- Duty of care
- Breach of that duty
For example, imagine your loved one fell from a balcony with a broken railing. The property owner had a duty of care to ensure the railing was safe and secure. They failed to do so, a breach of their duty. Their failure caused your loved one’s fall and their fatal injuries. The property owner acted negligently because we can prove all four of the necessary elements.
How Can I Prove the Case to the Insurer or Jury?
When our team of attorneys handles a case, we investigate what happened. We gather physical evidence, interview witnesses, analyze data, and even call on experts to help us when necessary. We develop an argument to support our accusations against the at-fault party.
You do not have to worry about any of this with our Pasadena wrongful death lawyer on your side. You can focus on your family while we take care of your legal case.
How Our Lawyers Can Help You Seek Compensation
Loncar Lyon Jenkins has helped thousands of families seek and recover the money damages they need and deserve after Texas negligence accidents. Our clients count on our lawyers to:
- Answer their questions
- Manage all communication
- Investigate what happened and build a strong case
- Demand a fair payout and negotiate with the insurer
- Prepare and file a lawsuit if necessary
- Represent their best interests
- Protect their rights throughout this process
Our law firm operates based on contingency. We do not charge any upfront expenses or fees. We use our resources to develop your claim or file your lawsuit and only charge you fees if we win compensation for you. We also ensure our clients meet all applicable deadlines when it is possible to do so.
This is an essential step in protecting their rights. If we do not begin a lawsuit or settle the claim within two years of the victim’s death, Texas Civil Practice and Remedies Code § 16.003 will likely bar us from ever doing so. This means giving up your right to sue. It will also make it difficult or impossible to get a fair settlement in the case.
877-239-4878Available 24/7 | 356 Days | se habla español
Speak With Us About Your Loved One’s Pasadena, TX Wrongful Death
Loncar Lyon Jenkins provides free consultations for families who lost a loved one in a Pasadena, Texas, accident. Call in the Strong Arm today. We are here to help you get justice for your family.