When a loved one’s passing was caused by negligence or recklessness, you may be entitled to file a wrongful death lawsuit against the party that caused your loved one’s death. For instance, if your loved one was killed by a drunk driver during a motor vehicle accident, you may be able to prove that the driver’s negligence caused your loved one to pass away suddenly.
Wrongful deaths can also arise due to the negligence of healthcare providers. For instance, a doctor could fail to diagnose a serious condition affecting your loved one or fail to treat their condition correctly. Aside from car accidents, other examples of personal injury cases that could result in a wrongful death lawsuit may include, but are not limited to:
- A slip and fall
- Dog bites
- Construction accidents
- Motorcycle accidents
- Brain injuries
- Oilfield accidents
- Truck accidents
- Catastrophic injuries
- DWI accidents
- Pedestrian accidents
The key to establishing a wrongful death claim is proving that negligence was the cause of your loved one’s passing. At Loncar Associates, a Lubbock wrongful death lawyer may be able to build a wrongful death lawsuit on your family’s behalf while you cope with your loved one’s sudden loss. We can begin by investigating negligence and also potentially help your family monetize all of the damages you may be entitled to pursue via a settlement package.
To begin a free case review, call Loncar Associates today at (800) 777-7777.
KEEP TEXAS’ WRONGFUL DEATH STATUTE OF LIMITATIONS IN MIND
According to Texas Civil Practice and Remedies Code §16.003, the statute of limitations to file a wrongful death claim in the state of Texas is generally two years. As a result, you may only have two years to gather all of the evidence required to present a strong case in court against the at-fault party that caused your loved one’s passing.
If you and your family are looking to fight for fair compensation for your loved one’s wrongful death, you must file the claim within two years of their death. This is because once you have gone over the two-year mark, you may be forfeiting your right to legal recourse.
Once the defendant is made aware that you have filed a lawsuit beyond the statute of limitations law in Texas, the court will likely dismiss your claim. There are some occasions where a court may allow your claim to be heard.
For instance, if your wrongful death claim is related to a minor under the age of 18, the courts may grant you additional time. Another example may also include defective products cases, as you may not know within the two-year mark as to what exactly caused your loved one’s death.
Regardless, it is important that you begin the legal recourse process as soon as possible following the wrongful death of your loved one, as it may take time to gather all of the necessary evidence you may require to prove negligence.
ESTABLISHING NEGLIGENCE DURING A WRONGFUL DEATH CLAIM
As stated, you may have to establish negligence when proving a wrongful death lawsuit. According to the Legal Information Institute (LII), negligence is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
Once you begin to establish negligence, you may also have to consider the four elements of negligence, which are:
- Establishing a duty of care
- A breach in the duty of care
- Causation to your condition
- Damages related to your claim
If your loved one passed away recently in Lubbock due to negligence, consider contacting Loncar Associates to file a wrongful death lawsuit against the at-fault party. To learn more about beginning a free case review, call us today at (800) 777-7777.
DAMAGES YOU MAY BE ENTITLED TO
Should you choose to work with a Lubbock wrongful death lawyer from Loncar Associates, we may also be able to help you determine your damages and the compensation you can seek during a wrongful death settlement claim.
During a wrongful death lawsuit, there are a variety of damages and expenses you and your family may be dealing with following the sudden death of a loved one. Some common damages linked to a wrongful death lawsuit may include, but are not limited to:
- Medical expenses
- Funeral expenses
- Lost wages
- Lost financial support
- Pain and suffering
- Property damages
- Loss of consortium
- Potential punitive damages
FILE A WRONGFUL DEATH LAWSUIT WITH LONCAR ASSOCIATES
The loss of a loved one is always tough to bear, but when their passing was caused by negligence, you may be seeking justice and financial compensation to cover the damages your family has been left to deal with.
At Loncar Associates, we offer free case reviews to help your family understand your legal recourse options when it comes to filing a wrongful death lawsuit in the state of Texas. As mandated by Texas’ law, the statute of limitations to file a wrongful death lawsuit is within three years of your loved one’s death, so your Lubbock wrongful death lawyer only has two years to gather all of the necessary evidence required to prove the defendant was negligent.
To start a free consultation from Loncar Associates, call us today at (800) 777-7777. We want to help your family in any way we can. We can negotiate with insurance companies for you, explain your rights, and file paperwork. We can begin working on your case as soon as you call. Call in the Strong Arm of Loncar Associates today.