The sudden loss of a loved one can be devastating. The legal ramifications of your loss can lead to additional stress. If your loved one’s actions could have contributed to their demise, your family could face a difficult legal struggle to recover damages. A local lawyer can fight for fair assignment of fault and negotiate a fair financial outcome for your family.

Proportionate Responsibility Laws in Wrongful Death Claims in Texas

Proportionate liability distributes negligence and fault between one or more at-fault parties. Each is assigned a percentage of fault and is financially responsible for the monetary value of their percentage.

According to Texas Civil Practice and Remedies Code § 33.001, you can recover damages as long as less than half (50%) of the fault is assigned to you. On your own, it can be hard to understand how negligence is defined and how any percentage is attributed to your actions.

The insurance company will decide how to distribute fault. Having a lawyer on your side means they can fight for a fair and equitable assignation and protect your right to damages.

One way to understand how Texas’s “modified comparative fault” rule affects your car accident or other wrongful death claim is to seek legal guidance and support.

What Are the Four Legal Elements That Define Negligence?

To understand how negligence is distributed in an accident, you have to understand how it is defined and how each person’s action contributed to the accident. Negligence is identified by the following four factors:

• Duty of care: Each party’s responsibility to act in a specific manner
• Breach of duty: Each party’s failure to meet their legal obligation
• Causation: How each party’s action contributed to the accident
• Damages: The financial consequences of the accident

Your own recollections of the accident along with the evidence your attorney collects will help representatives for both sides understand the cause of the accident and the role of each party’s actions.

What Evidence Do You Need to Prove Negligence?

The type of evidence needed to prove negligence will vary according to the accident. In general, your legal team will collect the following evidence to prove negligence:

• Medical records
• Written prognosis
• Accident reports
• Injury photos
• Accident scene photos
• Witness statements
• Expert testimonials

Additional evidence will support the monetary value of your case, including:

• Medical expenses
• Employment records
• Salary history records
• Property repair costs
• Property replacement

Your legal team will collect, sort, organize, and submit evidence on your behalf. While they do, your family can focus on caring for each other. 

What Types of Negligence-Based Accidents Could Constitute Wrongful Death?

The lawyer who handles your case will examine all its details. Negligence-based accidents that could be caused by shared fault include:

• Car accidents
• Construction accidents
• Motorcycle accidents
• Pedestrian accidents
• Slip and fall accidents
• Truck accidents
• Truck accidents

If 30% of the accident’s fault is yours, a $250,000 compensation package will be reduced to $175,000. Your legal team will fight for a fair distribution of negligence and fault.

Recoverable Wrongful Death Compensation for Surviving Families in Texas

The unexpected loss of a loved one can take a serious financial toll on you and your family. While nothing can atone for your loss, your lawyer can help you negotiate fair and appropriate financial compensation.

Recoverable wrongful death damages include:

• Funeral, burial, and cremation costs
• Loss of the decedent’s financial support
• Loss of the decedent’s domestic aide
• Loss of consortium, maintenance, and society

You could also be entitled to survivors’ benefits—damages your loved one would have recovered had they survived to file a personal injury claim.

What Is the Filing Deadline for Texas Wrongful Death Claims?

According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file your wrongful death lawsuit. The statutory clock starts running on the date of the incident that led to your loved one’s demise, not on the date of their demise.

Your attention in the immediate aftermath of your loss will be focused on making final arrangements and taking care of your family. This can make it difficult to understand and comply with the state’s filing deadline. If it expires, though, your family could lose the legal right to compel any compensation at all.

A primary benefit of hiring a wrongful death attorney is their ability to act on your behalf so you can avoid the costly consequences of filing your lawsuit too late.

Does a Lawyer Have to File a Wrongful Death Insurance Claim or Lawsuit?

Some states allow the decedent’s family to file a wrongful death action. In Texas, you can do so if you file within three months of your loved one’s demise. If more than three months pass, your representative must file on your behalf.

A lawyer can clarify this and all Texas laws that apply to your case and fight to protect your family’s rights.

Which Family Members Can Receive Compensation in a Wrongful Death Case?

In general, the decedent’s immediate family members can file a wrongful death lawsuit in Texas. This typically means their parents, spouse, and children. How recoverable damages are apportioned can vary.

The best way to understand your right to financial compensation is to review your relationship with a legal team in your area. Most will review your case at no cost.

Get Your Free Wrongful Death Consultation Today

You can pursue a wrongful death claim even if your actions may have contributed to the incident. Understanding your rights in this challenging situation can be difficult, so our law firm will help you document your claim and prove your right to compensation.

At Loncar Lyon Jenkins, our consultation team will listen to the details of your case with compassion and understanding. Contact a team member to get started now.

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Working with a Dallas wrongful death lawyer ensures you have someone on your side to represent you to the insurance carrier, negotiate a fair settlement, and litigate the case when necessary. Most law firms that handle these cases provide free consultations for families who have lost a loved one.

Understanding the Role of the Insurance Adjuster After Your Loved One’s Death

Many wrongful deaths occur in accidents where the liable party has insurance. This could include:

• Auto liability coverage after a crash
• Homeowner’s insurance after a swimming pool accident
• A business liability policy after a fall

When coverage is available, the insurance carrier is brought into the case. The family files a claim based on the available coverage, and the insurance adjuster analyzes the circumstances to decide a potential payout amount. As a part of their job, the adjuster or another representative from the insurance company will:

Assess the Case

The adjuster’s primary job is to assess what happened, determine if the company’s policyholder is liable, and whether the insurer should pay for the death and damages. However, remember they are not working for you. They want to pay as little as possible to protect their employer’s bottom line.

Use Certain Tactics to Obtain Information

Insurance companies are notorious for using tactics to reduce the money they must pay or deny a claim entirely. You could accidentally jeopardize your family’s right to a fair settlement if you say or do the wrong thing. Do not talk to the insurance adjuster without getting advice and guidance from your lawyer.

Negotiate With Your Lawyer

Once your attorney builds a compelling case, they will present their evidence to the insurance adjuster and demand compensation. This usually kicks off settlement negotiations. The insurance adjuster and your attorney could go back and forth many times before settling.

Potentially Pay the Settlement or Court Award

Ultimately, the insurance company pays the settlement or court award in most wrongful death cases. Because of this, policy limits and other coverage details could affect the money your family receives. Your attorney will analyze the policy and discuss it with you. 

What Damages Are Recoverable When Insurance Pays a Wrongful Death Claim?

The recoverable damages in a Texas wrongful death case are the same regardless of whether an insurance company, business, or individual pays them. However, policy limits and other factors could alter how much your case is worth. This is specific to each case and something you cannot know until your lawyer examines the coverage available. 

Generally, some commonly recoverable damages in a wrongful death settlement include: 

• Funeral and burial costs
• Medical expenses from the victim’s treatment before their passing
• Loss of income
• Loss of inheritance
• Loss of household support
• Loss of companionship
• The mental anguish of survivors
• Other intangible and non-economic damages suffered by survivors

Texas also allows an estate to pursue a survival action under some circumstances. This generally occurs when the victim suffered fatal injuries but remained alive for some time after the accident. This legal action allows heirs to receive compensation for their loved one’s conscious pain and suffering during this time.  

How Does a Wrongful Death Insurance Claim Work in Texas?

The Texas wrongful death process is governed by Texas Civil Practice and Remedies Code § 71.002. Under this law, it is possible to pursue compensation if your loved one died because another party was: 

• Negligent
• Careless
• Unskilled
• Committing a wrongful act

Under this law, immediate family members such as the surviving spouse, children, and parents can file a wrongful death action. While one of these parties must file the case, others can join the same lawsuit to recover compensation. 

Under certain circumstances, the victim’s personal representative—also known as the estate executor—can file a wrongful death action instead. 

Many types of accidents and incidents can cause wrongful deaths. This includes: 

• Auto accidents
• Truck accidents
• Motorcycle accidents
• Fall incidents
• Construction accidents
• Product liability injuries

When a victim dies from their injuries in one of these accidents, their survivors can fight for justice by holding the at-fault party legally responsible. Often, these cases are settled through negotiations with the insurance adjuster representing the liable party. In other cases, a wrongful death lawsuit is necessary. 

Under Texas Civil Practice and Remedies Code § 16.003, families only have a limited time to sue following their loved one’s death. However, there are numerous reasons to call an attorney well in advance of the deadline. This includes protecting their rights from the insurance company’s lowball offers and nefarious tactics and preserving time-sensitive evidence. 

Let Your Wrongful Death Attorney Deal With the Insurance Company

Often, people think they can manage an insurance claim and financial recovery on their own. They contact the insurance company and follow their advice to get the money they need to pay for their economic and non-economic losses. However, this is rarely the best approach. 

The insurance company is in the business of paying out as little as possible to resolve each case. An attorney who handles these claims daily understands the tactics the insurance adjuster will use and how to aggressively seek fair compensation for their clients. 

Working with a knowledgeable and experienced attorney should provide peace of mind. When you have a wrongful death lawyer on your side, you can focus on your family while they manage your claim.

Discuss Your Loved One’s Wrongful Death With Our Team Today

Loncar Lyon Jenkins provides free consultations for families who have lost a loved one. We know how to manage insurance companies, protect your rights, and pursue the damages your family deserves. Call in the Strong Arm. 

Contact us today for your free, no-obligation case assessment.

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Resolving your case can be complicated and stressful. You do not have to handle its many details alone. When a lawyer represents you, they can streamline your case as much as possible while allowing you and your family to focus on taking care of each other.

Factors That Affect the Timeline of a Wrongful Death Case

The timing of your wrongful death case can hinge on a variety of factors, making it difficult to give you an exact timeline. Possible influential factors include:

• The performance of an autopsy and the issuing of its report
• The time it takes to obtain an official death certificate
• Locating and identifying witness and obtaining their statements
• Insurance company or adjuster investigations and delay tactics
• The back-and-forth nature of the settlement negotiations process

You, too, play an important part in the timeline of your case. When you are ready to deal with the legal aspects of your loss and how soon you consult a lawyer in your area can increase or decrease the time between your loss and the resolution of your case.

Your attorney can also hold the insurance company responsible for meeting any deadlines related to investigating and responding to your claim.

Texas’ Statute of Limitations That Affect Your Wrongful Death Lawsuit

According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file your family’s wrongful death lawsuit. Failure to file your lawsuit within the allotted time could mean:

• You could be barred from filing your lawsuit at all
• Your lawsuit will be dismissed without ever being heard
• You have no further legal recourse to compel compensation

The statutory clock starts running on the date of the incident that led to your loved one’s demise. That means the sooner you get a wrongful death attorney involved in your case, the better. Early intervention means they can conduct a thorough investigation and speak to witnesses while their memories are vivid.

Damages Your Family Can Recover by Filing a Wrongful Death Action in Texas

According to Texas Civil Practice and Remedies Code § 71.002(b), certain family members can recover damages for the loss of a loved one caused by negligence or carelessness. Recoverable damages when you sue for wrongful death include:

• Medical expenses the decedent incurred
• Loss of the decedent’s financial support
• Loss of the decedent’s household support
• Mental and emotional pain and suffering
• The decedent’s funeral and burial expenses
• Loss of consortium, guidance, and society

Typically, the decedent’s parents, spouse, and children can receive compensation. In some cases, family members who were financially dependent on the decedent can also recover damages. The best way to understand your right to financial recovery is to review your familial relationship with a local law firm.

The Potential Risks of Accepting a Speedy Wrongful Death Settlement

The stress and anguish of an unexpected loss can make accepting a speedy settlement offer tempting. Doing so can also be risky because:

• It can prevent you from understanding and documenting the full extent of your recoverable damages
• You cannot request additional damages after a settlement agreement has been accepted

Allowing your lawyer to document your case and negotiate your settlement can help you maximize your financial recovery.

A Wrongful Death Attorney Will Conduct a Comprehensive Investigation

Recovering damages for the loss of a loved one means proving its cause was another person’s or entity’s negligence. Your lawyer’s investigation will prove the following components of negligence:

• Duty of care
• Breach of duty
• Causation
• Damages

To prove these elements, your legal team will investigate your loved one’s accident and build a solid evidence collection that supports your claim.

The Importance of a Compelling Evidence Collection in Wrongful Death Cases

Your lawyer will investigate how your loved one lost their life. Their goal is to identify the at-fault party and prove their negligence. The accident that caused their demise is an important factor in the type of evidence your legal team collects. In general, it can include:

• Police, incident, and animal control reports
• Medical, rehabilitation, and therapy records and bills
• Autopsy reports and death certificate
• Business, employment, and salary history records
• Accident scene photos and reconstruction reports
• Lay witness statements and expert testimonials

Your legal team will speak to witnesses, consult experts, and compile evidence that proves your case and its monetary value.

Accidents That Can Lead to a Wrongful Death Insurance Claim or Lawsuit

On your own, it can be difficult to prove whether negligence caused your loved one’s accident and demise. Our wrongful death attorney will fight hard to help your family recover damages for the loss of a loved one in the following types of negligence-based accidents:

• Car accidents
• Construction accidents
• Dangerous drug
• Defective product
• Dog bite
• Medical malpractice
• Motorcycle accidents
• Oilfield accident
• Pedestrian accident
• Slip and fall accident
• Truck accidents

Most law firms will offer a free review of your case. This initial consultation gives you the opportunity to discuss the details of your case and learn about its merits. It also gives you the chance to learn more about the law firm and its team.

Get a Free Review of Your Family’s Wrongful Death Case

If you lost a loved one due to someone else’s negligence, they can be held accountable for compensating you. When our law firm handles your case, we will explain your possible financial recovery and how long it typically takes to resolve a wrongful death case.

Learn more about your rights and the potential timeline of your case by contacting our consultation team at Loncar Lyon Jenkins today.

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When you hire a local Dallas wrongful death lawyer, they can gather strong evidence for you. They will conduct an independent investigation, including requesting needed documents and collecting physical evidence. While they build your case, your family can focus on making necessary arrangements and taking care of each other.

Crucial Evidence That Proves Negligence Caused Your Loved One’s Demise

Wrongful death is an example of a personal injury lawsuit, meaning you have to prove negligence to pursue damages from the at-fault party. The evidence your insurance claim or lawsuit requires will vary based on the cause of your loved one’s demise but can include:

• The decedent’s death certificate
• Accident scene and injury photos
• Accident reports
• Emergency first responder reports
• Financial records
• Surveillance footage
• Photographic evidence
• Medical and autopsy records
• Statements from accident eyewitnesses
• Financial and economic expert witness statements
• Forensic expert statements

One of the goals of collecting relevant evidence is to prove the elements of negligence—duty of care, breach of duty, causation, and damages. A strong case file will do this for you in addition to steering your case toward an out-of-court settlement.

Commonly Reported Causes of Wrongful Death in Texas

Texas Civil Practice and Remedies Code § 71.002(b) allows your family to recover damages for the loss of a loved one due to negligence. One way to understand whether the cause of your family’s loss constitutes wrongful death is to consult a local law firm. Many will review the merits of your case at no cost.

Accidents that can lead to a wrongful death claim include:

• Dog bite
• Car accidents
• Truck accidents
• Oilfield accidents
• Defective product incidents
• Medical malpractice
• Motorcycle accident
• Pedestrian accident
• Slip and fall accident
• Motorcycle accidents
• Construction accidents
• Dangerous drug cases

The law firm reviewing or handling your case will define and document the negligence that caused your loved one’s demise and entitles your family to favorable financial recovery options.

Damages Your Family Can Recover From a Wrongful Death Case

The loss of a loved one can leave your family in financial disarray. While nothing can atone for the loss your family experienced, you can recover damages for the financial toll it takes. Wrongful death damages can include:

• The costs of making your loved one’s final arrangements
• Loss of your loved one’s current and future financial support
• Loss of your loved one’s domestic contributions to your family
• Loss of consortium, companionship, advice, and guidance

As part of your evidence collection, your personal injury lawyer will also compile proof of the accident’s financial impact and submit it to the liable party and their representatives. This portion of your case file will include medical bills and proof of income.

Which Family Members Can Receive Wrongful Death Compensation?

The sudden and unexpected loss of a loved one will affect many people—family and friends. Texas law, though, defines who can recover compensation from a wrongful death case. In general, that includes:

• The deceased person’s parents
• The deceased person’s spouse
• The deceased person’s children

If you were related to the decedent in another way and relied on them for financial support, you could also be entitled to compensation. A wrongful death lawyer can help you explore your rights. They can also clarify who can file a wrongful death action and any applicable filing deadlines.

What You Need to Know About the Wrongful Death Statute of Limitations

In the state of Texas, you generally have two years from the date of the accident to file a wrongful death lawsuit, according to Texas Civil Practice and Remedies Code § 16.003. The filing time frame is mandatory but can also be confusing since it can fluctuate based on:

• The decedent’s age at the time of the accident
• Certain actions taken by the at-fault party

In addition to these potential complications, if the filing deadline is not met, your lawsuit could be thrown out of court, if you are allowed to file it at all. Either outcome could mean you cannot legally compel the at-fault party to compensate you.

A local attorney will have familiarity with state laws and can help you understand the potentially costly consequences of misinterpreting or otherwise not meeting the statute of limitations.

A Wrongful Death Attorney Can Handle the Difficult Task of Evidence Collection

Collecting evidence related to the demise of a loved one can be an emotionally triggering undertaking. When a lawyer represents you, they handle this challenging process for you. They will complete all of the following tasks to build your case file:

• Request copies of official documents
• Canvass for available video footage
• Locate and interview witnesses

Your attorney will also identify and consult with experts, including medical and financial professionals.

Additional Benefits of Hiring a Wrongful Death Lawyer to Represent Your Family

Evidence is only one of many reasons it is important to have a legal expert working on your personal injury case. Additional reasons include:

• Protecting your rights as the surviving family
• Assigning an accurate value to your case
• Bringing valuable resources to your case
• Clarifying legal and insurance language

Your lawyer will field all settlement offers, make appropriate counteroffers, and carefully examine the feasibility of each offer you receive. They will also handle all verbal and written communication and provide you with ongoing updates as your case develops.

Hire Our Wrongful Death Attorney Today

If your family experienced the loss of a loved one due to negligence, our personal injury law firm will help you pursue financial compensation. We will collect the evidence that is crucial for building a strong wrongful death case and submit it on your behalf.

Leave the hard work of evidence collection to us. Get started fighting for your family today by contacting our consultation team at Loncar Lyon Jenkins for a free evaluation of your case.

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If you lost a loved one because of another party’s careless behavior, you may be entitled to financial compensation from the at-fault party. Our firm can assist you with determining fair compensation and seeking damages from the responsible party.

How Is Wrongful Death Defined in Texas?

Texas Civil Practice and Remedies Code § 71.002 defines wrongful death as anyone’s passing that results from another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.”

These situations can result in someone’s untimely passing:

• An instance of medical malpractice
• Car accidents
• Motorcycle accidents
• Truck accidents
• Pedestrian accidents
• DWI accidents
• Distracted driving accidents
• Construction accidents
• Slip and fall accidents

Your lawyer will listen to the details of your situation and determine whether you have a valid wrongful death case.

Who Can Seek a Wrongful Death Settlement in Texas?

As outlined in Texas Civil Practice and Remedies Code § 71.004, the following parties could file a wrongful death case and recover damages:

• The decedent’s spouse
• The decedent’s children
• The decedent’s parents

If no eligible parties file a wrongful death lawsuit within three months of the death, the executor of the deceased person can file a lawsuit. The family members listed above could specifically request otherwise, though.

Recoverable Damages in Wrongful Death Cases

Damages in a wrongful death case are intended to compensate beneficiaries for their loved one’s passing. Our firm can evaluate your situation and determine the value of your tangible and intangible losses. Compensation in your case could comprise:

• Loss of earning capacity for your loved one’s projected income
• Loss of care, maintenance, services, support, advice, and counsel, including childcare, chores, household maintenance, and more
• Loss of love, companionship, comfort, and society for the loss of relationships between spouses, parents, and children
• Loss of inheritance based on what your loved one would have earned and saved had they survived
• Funeral expenses for the cost of laying your loved one to rest
• End-of-life medical bills if your loved one needed care before their passing

In many cases, insurance companies want to settle quickly and cheaply. The insurance provider may offer you a lowball settlement shortly after your loved one’s passing. You may have a hard time making decisions right now, but your lawyer will objectively evaluate any settlement offers and advise you whether to accept.

Our Firm Will Fight for Justice for You and Your Family

Nothing can replace your loved one. However, you may find comfort in seeing the at-fault party take financial responsibility for your loss. Your lawyer will walk you through the process of seeking a wrongful death settlement. They will handle the intricacies of the legal process, so you can mourn your loss and focus on healing.

Here are some things your lawyer can do for you:

Investigate Your Loved One’s Passing

Whether your loved one passed away at the scene of the accident or in a hospital, your lawyer will investigate the fatal injury. They will collect evidence showing that the other party’s negligence injured your loved one and that those injuries caused his or her passing.

Some of the evidence may include:

• Pictures of the accident scene (if applicable)
• Pictures of your loved one’s injuries
• Eyewitness statements
• Toxicology reports
• Cell phone records
• Medical bills and records
• Expert testimony

Estimate the Value of Your Damages

Your lawyer will estimate how much your wrongful death settlement is worth. They will:

• Use past wage statements to project your loved one’s future earnings and potential savings for an inheritance
• Gather estimates for the services you must pay for, such as childcare, housekeeping, and home maintenance
• Interview you and your family members to demonstrate your loss of love, comfort, companionship, and society

Interact With the Insurance Provider

You do not have to speak to the other party’s insurance provider. Your lawyer can take over phone calls and written communications concerning your case. They will file an insurance claim for you and submit all supporting documents.

Handle Settlement Negotiations

Your lawyer will negotiate a settlement that fairly compensates you and your family for your loss. While your lawyer will work hard to settle, they will also prepare your case for trial in case negotiations fail.

File a Lawsuit on Your Behalf

If the insurance company will not agree to a fair wrongful death settlement, your lawyer will file a lawsuit on your behalf and fight for justice in court.

Time Limits in a Wrongful Death Case in Texas

Time is critical in a wrongful death case. Your lawyer needs to act quickly after the death of your loved one to collect evidence related to your case. Witnesses’ memories may grow cloudy with time, and evidence from the scene may be lost.

In addition to collecting time-sensitive evidence, your lawyer must meet important deadlines. Texas Civil Practice and Remedies Code § 16.003 establishes the statute of limitations for wrongful death lawsuits. You generally have two years from the date of your loved one’s passing to file your lawsuit in civil court. We encourage you to connect with our team before time runs out.

Loncar Lyon Jenkins Can Represent You in a Wrongful Death Case

If you want help handling a wrongful death case, call in the Strong Arm. A lawyer with Loncar Lyon Jenkins may be able to help you seek a wrongful death settlement from the responsible party and his insurance provider.

Call (877) 239-4878 today for a free case review. We can go into more detail regarding the average settlement for wrongful death cases in Texas.

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