Attorneys David E. Dobbs And Gregory S. Porter
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Tyler Wrongful Death Attorneys Guiding You In Recovering Damages

At Dobbs & Porter, we provide high-quality legal representation to people in Tyler throughout East Texas who have lost family members due to negligence or other misconduct by others. Our wrongful death lawyers are skilled and knowledgeable in bringing wrongful death lawsuits to recover damages for the suffering of the deceased and the losses undergone by the survivors. You can expect us to provide an exceptional level of professionalism and dedication in the litigation of cases involving wrongful death and catastrophic injuries.

What Is A Texas Wrongful Death Claim?

Wrongful death occurs when a catastrophic fatal injury in Texas is caused by:

  • A felonious or wrongful act
  • Neglect
  • Carelessness
  • Unskillfulness
  • Default of the defendant or his or her agent or employee

In these instances, a defendant may be liable for a catastrophic personal injury and wrongful death damages.

What Are Some Common Wrongful Death Accidents In Texas?

The fatal accidents covered by this definition are wide-ranging. For example, a defendant may be liable for wrongful death claims resulting from:

  • Automobile accidents: Car accidents are all too prevalent on corridors such as I-30, I-20, South Broadway Avenue (U.S. 69) and suburban areas of Smith County.
  • Motorcycle accidents: Traumatic brain injuries (TBI), neck injuries and wrongful death are common in motorcycle crashes, especially motorcycle accidents involving trucks.
  • Truck accidents: Large semi-trucks, tractor-trailers, box trucks and flatbed trucks can wreak havoc in trucking accidents. Commercial truck accidents can cause severe personal injuries such as amputation and spinal cord damage.
  • Other commercial vehicle accidents: Big rigs and 18-wheelers are not the only commercial vehicles that cause accidents. Flatbed trucks, delivery vans, trains, buses and other vehicles are also culprits.
  • Bartender liability: If a bar in Texas overserves someone and they cause a drunk driving accident or another wrongful death, you may have the right to sue the bar.
  • Pedestrian and bicycle accidents: The families of pedestrians killed by cars and cyclists killed by cars may have the right to a Texas wrongful death lawsuit.

If your loved one was killed in any circumstance brought about by a person or entity’s negligence, our wrongful death attorneys will determine if you are entitled to file a claim. Then, we will identify all of the potential defendants and bring a wrongful death claim against them.

Who May Sue For Wrongful Death And When?

A wrongful death case in Texas may be brought for the benefit of the:

  • Surviving spouse
  • Children
  • Parents of the deceased

Any one of these parties may file a catastrophic personal injury case or a wrongful death lawsuit in Texas. by any one of them. If none of them brings suit within three months of the wrongful death, the deceased’s estate may do so instead.

However, in Texas, siblings of the deceased do not have the right either to benefit from or to bring suit for wrongful death. A claim must usually be filed within two years of the death according to the statute of limitations. When you work with us, we will begin the process immediately to help you recover the damages to which you are entitled.

Can I Sue A Bar For Overserving In Texas?

Yes. In Texas, this concept is called dram shop liability or bar liability. It refers to when a bar, restaurant or liquor store serves someone too much alcohol. If this person causes a drunk driving accident, a catastrophic personal injury or a wrongful death, you may be able to file a lawsuit against the bar. If the deceased person was overserved liquor at a bar, their surviving spouse, children or parents may still be able to recover compensation for wrongful death from being overserved alcohol at a bar. Learn more by consulting a lawyer in Tyler who sues bars.

Recovering Damages For Wrongful Death In Smith County

Plaintiffs in a wrongful death case may recover compensatory damages for:

  • The deceased’s lost earning capacity
  • The deceased’s pain, suffering and emotional distress
  • Lost care, maintenance, love, companionship, comfort, society and other services the deceased would have provided them
  • What the deceased would have saved and left to the survivors if he or she had lived a normal expected lifetime

If the wrongful death was caused by a defendant’s willful or grossly negligent act or omissions, the plaintiffs may also recover exemplary damages, which go beyond mere compensation to punish the defendant. The jury determines the amount of damages and divides it among the survivors entitled to recover. When we take a wrongful death or severe personal injury case, we fight hard to help our clients recover all of the damages to which they are entitled.

Contact A Texas Wrongful Death Lawyer Attorney For A Free Consultation

From our office in Tyler, we represent clients in wrongful death litigation throughout East Texas. We are prepared to deliver the steadfast representation your case requires. Call Dobbs & Porter at 903-310-1433 or contact us online to schedule a free initial consultation.