Losing a loved one can cause unbearable pain, but you could recover damages to compensate you for this pain. You can retain a wrongful death lawyer serving Wichita Falls to help you do this.
What a Wrongful Death Case Involves
Tackling legal issues while grieving can be an insurmountable task for many people. Some people do not know how intensive this experience can be.
Filing a Claim and Fighting for a Settlement
When you lose a loved one to an accident, you have to file a claim with the insurance company. With this claim, you need to send evidence proving your testimony along with a demand letter that lists all accident-related losses.
At this point, you will likely need to negotiate with the insurance company for a fair award. Some insurers do not like to pay claimants. You might have to work around an adjuster that tries to undervalue or deny your claim. If securing a settlement proves too difficult, you can file a lawsuit.
Determining Liability and Filing a Lawsuit
To file a lawsuit in pursuit of a judgment, you need to know who the liable parties are in your case. This will involve a full investigation of your accident to make sure that all potential contributing causes are accounted for.
For instance, shortly after the accident, you might only think that the accident was due to a distracted driver. However, further investigation could reveal that the at-fault truck driver’s employer was on the phone with the driver at the time of the accident. This could make the employer liable for your loved one’s death.
Damages You Could Recover in a Wichita Falls Wrongful Death Case
There are many kinds of losses you might be able to pursue in your case. These could include:
- Your loved ones medical costs, prior to their passing
- Funeral and burial costs
- Loss of income
- Loss of companionship
Types of Wrongful Death Cases We See in Our Practice
Families who lost their loved ones to many different kinds of circumstances could be eligible to pursue damages. Your case could involve a:
- Slip and fall injury
- Car or truck accident
- Oilfield accident
- Construction accident
- Brain injury
- Motorcycle accident
- Pedestrian accident
- Dog bite
- Slip and fall injury
If your loved one passed due to a different situation, we could still help you.
A Wichita Falls Lawyer from Our Team Can Handle Your Wrongful Death Case
No one expects you to be able to handle your entire case yourself. Shift the responsibility to us, as we deal with this kind of situation regularly. Retain Loncar Lyon Jenkins as your legal representative and we will do the following for your family:
- Handle negotiations with the insurance company and all communications with the other party
- Assign a value to your case
- Retain accident reconstructionists and expert medical witnesses to provide support to your claim
- Stand by you in court, if the need arises
- Answer all your questions and make ourselves available to you when you need us
- Protect your legal rights
- File all relevant paperwork
- Keep your case within the relevant statute of limitations
We will Prove Fault in Your Wrongful Death Case
The primary responsibility of a lawyer from our team is to prove how the accident occurred and that your family deserves compensation as a result. We might find that your loved one passed due to any of the following negligent acts:
- A municipality failed to repair a pothole in the road
- A property owner failed to hire security at a location where they knew crime had been occurring (or was likely to occur)
- A property owner did not fix a hazard that posed a risk to visitors
- A driver violated traffic laws
- A mechanic did not properly handle your loved one’s vehicle when attending to it
What You Should Know About Wrongful Death Cases in Texas
There is a limit to how long accident victims’ families have to file wrongful death cases in Texas. In general, families have two years under Texas Civil Practice and Remedies Code § 16.003. However, if a municipality is liable for your loved one’s passing, you could have a different timeline to consider.
Who Can File a Wrongful Death Lawsuit in Texas?
Under Texas Civil Practice and Remedies Code § 71.004, the following parties can file a lawsuit when an individual dies due to the negligence of another person.
- An appointed representative
- The spouse of the decedent
- The child of the decedent
Ways to Prepare for YourCase
The first thing you should know is that you should avoid speaking about the accident for longer than you need to. Do not give the insurer the opportunity to take your words out of any context and argue that you do not deserve a fair settlement. Do not inform your family and friends about the accident via social media. Adjusters will look for any information they could use against you.
Keep as many documents as are in your possession in one place. This makes it easier to provide the evidence in your possession to our team. You could also keep a journal detailing how the accident and subsequent loss of your family member has affected your loved ones’ lives and emotional states.
Doing this will help us detail your losses to the insurance company. We don’t want to forget about any damages you are currently experiencing.
Call in the Strong Arm for Support
At Loncar Lyon Jenkins, we don’t back down. Someone’s reckless or negligent action (or inaction) led to your pain and the loss of a beloved family member. One of our Wichita Falls lawyers familiar with wrongful death cases could help you pursue justice and make those responsible take accountability.
Call our team at (877) 239-4878 to discuss your options. We operate on a contingency-fee basis, so you do not have to worry about putting together an up-front payment for us to start working for you.