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When you discover that your spouse or close relative died before their time because of someone else’s carelessness, knowing that fact magnifies your grief. If you are a legal beneficiary, you can seek compensation by filing a wrongful death claim or lawsuit under Texas law. We understand that after the untimely death of a close loved one in Odessa, it can be a challenge merely to get through the day. However, you should not have to battle insurance companies and defense lawyers during this difficult time. Instead, an Odessa wrongful death lawyer from Loncar Lyon Jenkins can fight for your right to financial damages for the loss of your spouse or close relative.
According to state law, Texas Civil Practice and Remedies Code § 71.002(b), says that wrongful death is when a person’s “wrongful act, neglect, carelessness, unskillfulness, or default” causes an injury that results in an individual’s death. A wrongful act can be intentional or accidental. A default means that someone did not perform a task that they were supposed to do.
Wrongful death in Texas can result from criminal conduct or simple carelessness. Texas law allows you to sue the defendant for compensation for the loss of your loved one if there was a crime involved. The criminal case is entirely separate from the wrongful death case. A wrongful death case is a civil action that usually takes place in a different courtroom and in front of a different judge than the criminal matter.
What Are Common Causes Of Wrongful Death in Odessa?
Most wrongful death cases result from negligence rather than an intentional act, but both categories can lead to the untimely death of an innocent person.
Some of the more common causes of wrongful death include:
These are only some examples of ways that wrongful conduct, whether accidental or intentional, could lead to the loss of the life of an innocent person, which can be the subject of a wrongful death claim or lawsuit.
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.
Texas Civil Practice and Remedies Code § 71.004 allows the surviving spouse, children, and parents of the decedent to file a wrongful death claim. However, other relatives of the person who died, like the decedent’s brothers and sisters, do not have the right to pursue a wrongful death claim in Texas. In addition, unmarried partners do not have a right to pursue a wrongful death action in Texas.
If none of the eligible relatives file a wrongful death action, the executor or administrator of the decedent’s estate can file the legal action, with the proceeds going to the legal beneficiaries.
The types of money damages Texas allows in successful wrongful death cases include both actual damages and exemplary damages.
The actual damages can include:
In addition to these losses, if gross negligence, a willful failure to act, or an intentional act caused the death, the legal beneficiaries can request exemplary damages, also called punitive damages.
You only have two years to file a wrongful death lawsuit in Texas, according to Texas Civil Practice and Remedies Code § 16.003. However, if you miss the deadline, Texas law will forever bar you from going after financial damages from the person who caused the death of your loved one.
Simply negotiating with the defendant or that party’s liability insurance carrier does not satisfy the statute of limitations. Therefore, if the wrongful death claim does not settle before the two-year deadline, you will need to file a lawsuit to protect your right to compensation.
You have enough to deal with right now without paying a deposit for legal fees. We do not charge any upfront legal fees to handle wrongful death cases. Instead, we take these cases on a contingency fee basis, which means that we wait patiently until the end of the matter to get paid.
We receive a portion of the settlement proceeds or jury award for our legal fees. In other words, we do not get paid until you do.
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.
At Loncar Lyon Jenkins, we understand that no amount of money can bring back your loved one, but the compensation you might receive in a successful wrongful death claim could ease some of the financial hardship you could be facing because of the untimely death of your relative. We have helped thousands of families seek compensation for personal injuries and wrongful death.
You do not have to fight this battle alone. Contact an Odessa wrongful death attorney at Loncar Lyon Jenkins to handle your wrongful death lawsuit or claim so that you can focus on dealing with your grief and rebuilding your life.
