A decedent’s family members can get money in a wrongful death lawsuit. Under Texas Civil Practice and Remedies Code § 71.004, only spouses, children, or an appointed executor can recover compensation.
A personal injury lawyer can work with you to determine if your relationship to the decedent qualifies you for civil action. Ensuring that you are eligible to pursue civil action is necessary before moving forward.
A wrongful death claim and lawsuit are often complex. While the loss of your loved one due to negligence is upsetting, the path toward compensation may not be something you can deal with alone right now.
More About Wrongful Death Benefit Recipients
Losing someone you love in a tragic manner can leave you yearning for justice. In order to file a wrongful death claim or lawsuit in Texas, your relationship to the decedent must qualify under the law. Adopted children and common-law spouses may qualify, under certain conditions. Siblings, on the other hand, are not eligible for pursuing compensation.
The death of your loved one can leave you in a financial bind if you were dependent upon your lost family member’s income. A personal injury lawyer can determine if your relationship to the victim qualifies you under Texas law to pursue civil action for their death.
For a free legal consultation, call 800-777-7777
Types of Compensation Possible in a Wrongful Death Case
In addition to loss of income, the following types of compensation are often possible:
- Final medical expenses for the decedent
- Funeral and burial costs
- Loss of inheritance
- Loss of companionship
A funeral is an unexpected and often expensive cost for those who did not prepare financially for a loss. The Federal Trade Commission (FTC) states that funeral costs can range into the thousands of dollars. When the death of your loved one is due to the negligence of another person, the liable party should pay for these costs—not you.
A Lawyer Can Determine How Your Loved One’s Death Occurred
A personal injury lawyer must prove that a wrongful death was the result of negligence. When another person (or persons) fail to use care, resulting in the permanent loss of your loved one, this other party may face liability for your economic and non-economic damages.
Types of negligence that may result in death include:
- Accidents involving cars, trucks, motorcycles, bicycles, and pedestrians
- Construction accidents—including falls, being struck by an object, or caught in between two objects
- Oilfield accidents
- Slip and falls
A split-second accident can cause your loved one to lose their life (and for you to lose your spouse, parent, or child). If your loved one died an untimely death due to the negligent actions of another person, take action. Do not speak with insurance companies. Seek legal representation instead.
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Get Help From the Strong Arm of Loncar Lyon Jenkins
Loncar Lyon Jenkins understands the devastation a sudden death brings to those left behind. That is why we treat our clients with the utmost compassion and care as they grieve.
This stressful period in your life is no time to deal with pushy insurance company representatives. Their efforts to contact you are most likely their attempt to connect with you before you secure legal representation (who can help you advocate for fair compensation).
No matter how friendly they seem and how much they appear to want to help you, an insurance company’s top priority is to protect their best interests. This means that they may want to settle with you for the least amount of compensation possible. At Loncar Lyon Jenkins, we will hold insurance companies to task for any devious tactics they may employ.
The statute of limitations for filing your wrongful death lawsuit is two years under Texas Civil Practice and Remedies Code § 16.003. Should you miss the deadline for filing a lawsuit, you may risk losing your chance for compensation forever.
A decedent’s family members (or estate executor) will get money in a wrongful death lawsuit, if they pursue damages. If you are unsure if you qualify as a plaintiff due to your relationship with the decedent, contact us. A member of our team can review your case and determine if you qualify for legal action.
At Loncar Lyon Jenkins, we work on a contingency-fee-basis. This process requires no money down from you—we only collect our fee if we win.
If you lost a close loved one due to negligence, lean on the Strong Arm of Loncar Lyon Jenkins. Call us now for a free case evaluation at 800-777-7777.