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If you lost a close loved one due to the negligence of another person, you may be entitled to compensation. A Dallas wrongful death lawyer from Loncar Lyon Jenkins can help you seek these damages. While the loss of someone you loved is heartbreaking, and no amount of compensation can fill the void that results from their death, it can serve as a form of justice. Knowing that you may pursue compensation for your damages and possibly secure justice in the process can provide you some small comfort. When you choose Loncar Lyon Jenkins to represent you, we provide our services on a contingency basis, meaning you owe us nothing unless our Dallas personal injury lawyers win your case. You can call us now for a free case evaluation.
Wrongful death occurs when someone dies due to another party’s negligent, reckless, or intentional actions. In Dallas, Texas, these cases arise from various circumstances including medical malpractice, car accidents, workplace incidents, defective products, and criminal acts.
The law recognizes wrongful death as distinct from criminal cases. While criminal cases punish wrongdoing through fines or imprisonment, wrongful death lawsuits provide financial compensation to surviving family members for their losses. These civil cases require a lower burden of proof than criminal cases.
A wrongful death attorney represents families who have lost loved ones due to another party’s negligent or wrongful actions. These lawyers help eligible family members pursue compensation while navigating complex legal requirements and deadlines under Texas law.
The leading causes of wrongful death in Dallas stem from various preventable incidents that tragically cut lives short. Understanding these common causes helps identify potentially liable parties and prevent future deaths.
Leading causes of wrongful death include:
Represent the leading cause of wrongful death in Dallas. These include car crashes, truck collisions, motorcycle accidents, and pedestrian fatalities, often resulting from distracted driving, speeding, drunk driving, or failure to follow traffic laws.
Claims another significant portion of lives through surgical errors, misdiagnosis, medication mistakes, and failure to provide appropriate treatment. Healthcare providers’ negligence in following standard protocols or recognizing serious conditions leads to preventable deaths.
Particularly in construction and industrial settings, cause numerous fatalities. Falls from heights, equipment malfunctions, electrical accidents, and exposure to hazardous materials often result from inadequate safety measures or training.
Claim lives when manufacturers fail to ensure their safety. These cases involve malfunctioning vehicles, dangerous medical devices, toxic consumer products, and faulty industrial equipment that causes fatal injuries.
And security negligence lead to wrongful deaths when property owners fail to provide adequate security measures. These cases often involve inadequate lighting, security personnel, or access controls in areas with known criminal activity.
Cause fatalities through unsafe property conditions. Falls, drownings in unsecured pools, and structural collapses occur when property owners neglect maintenance or fail to address known hazards.
An experienced wrongful death lawyer in Dallas can help you pursue compensation if you lost a loved one in a preventable accident that was caused by the negligence of another.
Each year, Loncar Lyon Jenkins represents over 7,000 clients all over Texas and will travel to any city or town within the Lone Star state.
Yes. Legal advice after a wrongful death in Dallas is important due to the complex nature of these claims and strict filing deadlines. A Dallas wrongful death attorney helps establish liability, identify all responsible parties, and calculate appropriate damages while managing communications with insurance companies.
Wrongful death attorneys investigate the circumstances surrounding the death, gathering evidence like medical records, accident reports, witness statements, and expert testimony. They understand Texas wrongful death laws and how to prove negligence while documenting both economic and non-economic damages.
Having legal representation allows grieving families to focus on healing while their attorney manages complex legal procedures, deadlines, and documentation requirements. The attorney also helps coordinate related matters like probate proceedings and survival actions.
A wrongful death attorney in Dallas can help you with your claim by conducting an accident, gathering evidence, negotiating with the insurance company, and representing you in court, if necessary.
Other ways a wrongful death lawyer can help are listed below:
A Dallas wrongful death lawyer will thoroughly investigate the accident or incident that led to your loved one’s death. This includes reviewing police reports, medical records, and accident scene documentation. They may also work with accident reconstruction experts to establish exactly how the incident occurred and who bears responsibility.
Is a critical component of building a strong wrongful death case. Your attorney will collect and preserve crucial evidence including surveillance footage, witness statements, expert testimonies, and relevant documents. They understand what evidence carries the most weight in Texas courts and how to properly document and present it to support your claim.
Requires skill and experience. Your wrongful death lawyer will handle all communications with these parties, preventing you from potentially making statements that could harm your case. They understand insurance company tactics and will work to secure a fair settlement that accounts for all your losses.
If a satisfactory settlement cannot be reached through negotiations, your attorney will represent you in court. They will prepare all necessary legal documents, develop a compelling trial strategy, present evidence effectively, and argue your case before a judge and jury. Their courtroom experience in Dallas courts proves invaluable in pursuing the compensation your family deserves.
Having a skilled wrongful death lawyer in Dallas advocate for your interests allows you to focus on healing while ensuring your legal rights are protected throughout the claims process.
In Texas, strict laws govern who can file a wrongful death lawsuit following the loss of a loved one. The Texas Civil Practice and Remedies Code § 71.004 specifically outlines eligible family members who can pursue legal action.
The following parties are eligible to file a wrongful death lawsuit in Dallas:
The deceased person’s spouse has primary standing to file a wrongful death claim, whether the marriage was formal or common-law at the time of death. This right extends to surviving spouses even if they were separated but not legally divorced when the death occurred.
Can file wrongful death claims. This includes adult children and those from previous marriages. However, stepchildren who were never legally adopted by the deceased do not have standing to file suit.
Including biological and legally adoptive parents, have the right to pursue wrongful death claims. Like stepchildren, stepparents who never legally adopted the deceased lack standing to file suit.
Notably absent from those with legal standing are siblings, grandparents, cousins, and other extended family members, regardless of their emotional or financial connection to the deceased. This limitation exists even in cases where the deceased had no surviving spouse, children, or parents.
The law also allows these eligible family members to file the lawsuit individually or jointly. If one eligible family member files suit, they must notify other eligible family members, who then have the right to join the existing lawsuit rather than filing separately.
According to Texas Civil Practice and Remedies Code § 71.004, eligible family members must file wrongful death claims within two years from the date of death. This statute of limitations is strictly enforced, with few exceptions.
Some circumstances may extend or “toll” this deadline, such as when the cause of death wasn’t immediately discoverable or cases involving minors. Additionally, if criminal proceedings related to the death are ongoing, the statute of limitations may be paused.
Claims involving government entities have shorter deadlines, often requiring notice within six months of death. The Texas Tort Claims Act sets specific requirements for claims against state or local government agencies.
When seeking justice after losing a loved one, selecting the right wrongful death attorney in Dallas requires careful consideration of several key factors. A thorough evaluation of potential lawyers can significantly impact your case’s outcome and your experience throughout the legal process.
When hiring a wrongful death attorney, you should look for the following:
Specifically handling wrongful death cases in Dallas courts is crucial. Look for attorneys with a proven track record of successful settlements and verdicts in similar cases. They should demonstrate deep knowledge of Texas wrongful death statutes and local court procedures.
Matter when choosing a law firm. Wrongful death cases often require significant upfront costs for expert witnesses, investigations, and court fees. Ensure the firm has sufficient resources to properly handle your case through completion.
Should align with your needs. Your attorney should explain legal concepts clearly, provide regular case updates, and respond promptly to your questions. During initial consultations, evaluate their willingness to listen and address your concerns.
Review the firm’s reputation through client testimonials, peer reviews, and professional ratings. Check their standing with the Texas State Bar and investigate any disciplinary history. Consider their relationships with local medical experts and accident reconstruction specialists.
The right wrongful death lawyer will offer transparent fee structures, typically working on contingency, and provide clear expectations about potential case outcomes.
Selecting an experienced, well-resourced attorney who communicates effectively can help ensure your family receives fair compensation while allowing you to focus on healing.
Yes, most wrongful death lawyers in Dallas offer free initial consultations to discuss your case details and legal options. These consultations allow attorneys to evaluate your claim’s strength while giving you the opportunity to assess their experience and approach. During these meetings, lawyers typically review accident circumstances, explain the legal process, and discuss their fee structure, which is usually contingency-based, meaning they only get paid if they win your case.
Finding the right wrongful death law firm requires careful research and evaluation to ensure you receive quality representation for your case.
Start by researching firms’ experience with cases similar to yours. Look for established firms like Loncar Lyon Jenkins that specialize in wrongful death rather than general practice firms. Check their track record of settlements and verdicts, particularly for cases matching your situation.
Schedule free consultations with several firms to evaluate their approach. During these meetings, assess their communication style, case evaluation process, and willingness to explain legal strategies. Pay attention to whether they provide realistic expectations rather than making unrealistic promises about outcomes.
Verify credentials through the State Bar of Texas and research any disciplinary actions. Look for board certifications in personal injury law and membership in professional organizations. Consider the firm’s resources – they should have sufficient staff and financial strength to properly investigate your case and hire necessary experts.
Examine their fee structure and ensure you understand their contingency fee percentage and how case expenses are handled. Most reputable firms work on contingency, meaning they only get paid if you win. Avoid firms requiring upfront payments for personal injury cases.
The best firm combines experience, resources, and personal attention while maintaining transparent communication throughout your case. Choose a firm that makes you confident in their ability to handle your specific situation effectively.
Working with Loncar Lyon Jenkins attorneys during a wrongful death case involves a structured legal process designed to pursue maximum compensation for your loss. Understanding what to expect can help you feel more confident as your case progresses.
Initially, your attorney will conduct a comprehensive case evaluation, reviewing all available evidence and documentation related to your loved one’s death. They’ll explain Texas wrongful death laws, discuss your legal options, and outline potential compensation you may be entitled to receive.
Communication will be ongoing throughout your case. Your attorney will provide regular updates, explain important developments, and remain accessible to answer your questions. They’ll ensure you understand each step of the process and the reasoning behind strategic decisions.
The investigation phase involves gathering crucial evidence, including medical records, accident reports, witness statements, and expert testimonies. Your lawyer will work with specialists to build a strong foundation for your case while handling all necessary paperwork and legal documentation.
During negotiations, your attorney will engage with insurance companies and opposing counsel to pursue a fair settlement. They’ll use their experience to counter lowball offers and fight for compensation that adequately reflects your losses.
If settlement negotiations don’t yield satisfactory results, your lawyer will prepare for trial. This includes developing compelling arguments, preparing exhibits, and representing your interests in court. They’ll guide you through trial preparation and advocate strongly for your rights before a judge and jury.
At Loncar Lyon Jenkins, throughout the process, our attorneys will remain focused on securing the best possible outcome while allowing you to focus on healing. Their experience and dedication help ensure your family’s interests are protected every step of the way.
At Loncar Lyon Jenkins, our attorneys employ a systematic approach to establish fault in Texas wrongful death cases, beginning with a thorough investigation of the incident. They collect and analyze evidence including police reports, surveillance footage, medical records, witness statements, and physical evidence from the scene. When necessary, they work with accident reconstruction specialists and other experts to determine exactly how the incident occurred.
Our firm’s attorneys examine Texas negligence laws and apply them to the specific circumstances of each case. They must prove the defendant owed a duty of care to the deceased, breached that duty through action or inaction, and that this breach directly caused the death. This often involves demonstrating how the defendant’s behavior fell below the reasonable standard of care expected in similar situations.
Documentation plays a crucial role in establishing fault. An attorney on our legal team will organize evidence that demonstrates the chain of events leading to the death, often utilizing expert testimony to strengthen their arguments. They also investigate whether multiple parties may share responsibility, as Texas law allows for proportional liability in wrongful death cases.
Their experience with Texas wrongful death statutes helps identify all potentially liable parties and build compelling arguments for their responsibility. By thoroughly documenting the evidence and applying relevant laws, our attorneys work to establish clear fault and pursue appropriate compensation for their clients.
Choosing Loncar Lyon Jenkins for your Dallas wrongful death claim provides access to a law firm with extensive experience handling these complex cases throughout Texas. Our attorneys understand local laws, court procedures, and have established relationships with medical experts and accident reconstruction specialists crucial for building strong wrongful death cases.
Our firm’s resources and reputation enable us to thoroughly investigate incidents, gather compelling evidence, and effectively negotiate with insurance companies. Our Dallas wrongful death lawyers handle all aspects of wrongful death claims, from filing necessary paperwork to representing clients in court when settlements cannot be reached. Our track record demonstrates success in securing substantial compensation for families who have lost loved ones due to others’ negligence.
Our Dallas roots and community involvement give us unique insight into local jurisdictions and jury tendencies, potentially benefiting your case’s outcome. Working with an attorney at Loncar Lyon Jenkins allows you to focus on healing while experienced professionals pursue the compensation your family deserves following your tragic loss.
The types of damages available in a wrongful death lawsuit in Dallas, Texas is meant to compensate surviving family members for their losses following the death of a loved one. These damages aim to address both financial and emotional impacts and can include both economic and non-economic damages. In rare cases, punitive damages may be awarded.
Include quantifiable financial losses like the deceased’s lost earning capacity, which would have supported the family. This encompasses their expected lifetime income, benefits, retirement savings, and other financial contributions. Lost inheritance represents the assets and wealth the deceased would have accumulated and passed on. The family can also recover medical expenses incurred before death and funeral costs.
Address the profound emotional and relational losses suffered by family members. Mental anguish compensation acknowledges the emotional pain, grief, and suffering experienced after losing a loved one. Loss of companionship damages recognize the deprivation of love, comfort, and society the deceased provided. Children can recover damages for lost parental guidance, nurturing, and counsel they would have received.
May be awarded in cases involving gross negligence or willful misconduct. These damages serve to punish particularly egregious behavior and deter similar conduct. Courts require clear and convincing evidence of the defendant’s reckless or intentional actions to award punitive damages.
Factors that can impact a wrongful death settlement include financial dependency, strength of relationship, age of surviving children, and specific circumstances of each case. Expert testimony often helps establish the value of both economic and non-economic damages.
Wrongful death settlements vary significantly based on specific case factors, with amounts typically ranging from $250,000 to several million dollars. Final settlement values depend on the deceased’s age, earning capacity, circumstances of death, and strength of evidence establishing liability.
At Loncar Lyon Jenkins, our attorneys serve the following areas in Dallas:
How much it costs to hire a wrongful death attorney in Dallas can depend on many factors, such as the complexity of the case and how much compensation is recovered. Typically, wrongful death attorneys in Dallas charge a contingency fee of 33% to 40%.
Clay Jenkins started his personal injury practice in 1989 after clerking for the Texas Supreme Court. He co-counseled some of Brian Loncar’s biggest cases for 25 years before purchasing an interest in the firm. He is the former Chairman of the Board of Advocates for the Texas Trial Lawyers Association and previously served as President of the Dallas Trial Lawyers Association. Learn More
Our highly experienced lawyers will contact you for a Free Legal Consultation.
No two wrongful death cases are alike, so the outcome of your case depends upon a variety of factors. However, you have enough to deal with during this most devastating time. By entrusting us with your wrongful death lawsuit, you can better focus on your family and take time to grieve.
The unexpected costs associated with your loss should not be your burden to bear—the party responsible for the death of your loved one must face accountability for their actions.
Do not try to negotiate with insurance companies on your own. It is time to call the strong arm of Loncar Lyon Jenkins. Let us handle aggressive insurance company representatives on your behalf. A Dallas wrongful death lawyer can remove the weight of civil litigation from your shoulders. Call us now for a free case evaluation.
