The sudden loss of a loved one changes everything. When that loss happens because of someone else’s negligence, whether from a reckless driver on Loop 323, a dangerous commercial truck on Highway 69, or unsafe conditions at a local business, the grief is compounded by anger, confusion, and financial uncertainty.
At Winocour Law, we represent families in Tyler and throughout East Texas who are facing the unthinkable after a preventable death. We combine compassionate counsel with aggressive courtroom advocacy to pursue accountability and meaningful compensation.
If your family is navigating life after a fatal accident, we invite you to contact our firm for a free, confidential consultation with an experienced trial attorney.
Dedicated Representation for Families in Tyler
When you choose Winocour Law, you work directly with attorneys Jonathan Winocour, Mike C. Miller, and a legal team backed by more than a fifty years of combined experience.
Throughout our 135-year legal legacy, our firm has maintained a focused, client-centered approach. Families in Tyler receive individualized attention, not assembly-line representation. We understand that wrongful death claims are deeply personal matters with enormous emotional and financial consequences.
From your first conversation with us, our priority is simple: treat you with dignity, provide clarity, and fight relentlessly for justice under Texas law.
Our Wrongful Death Attorneys
Wrongful death litigation demands both legal precision and emotional intelligence. Our attorneys bring both.
Jonathan Winocour, Founder and Principal Attorney
Jonathan Winocour is a nationally recognized Texas trial lawyer with more than two decades of experience handling high-stakes personal injury and wrongful death cases. As a member of the National Trial Lawyers Top 100, he has secured substantial recoveries in cases involving fatal truck collisions, drunk driving crashes, and catastrophic negligence.
Jonathan is known for strategic litigation planning and his readiness to take cases before a jury when justice requires it.
Mike C. Miller, Of Counsel
Mike C. Miller is board-certified in personal injury trial law and has more than 40 years of courtroom experience across Texas. With an AV Preeminent rating and decades of trial success, Mike brings exceptional depth to complex wrongful death claims.
Families benefit from his steady guidance, meticulous case preparation, and formidable trial presence.
Together, Jonathan and Mike provide families in Tyler with seasoned legal leadership and unwavering advocacy during life’s most difficult chapter.
What Qualifies as a Wrongful Death in Texas?
Under Texas law, a wrongful death occurs when a person dies due to another party’s wrongful act, negligence, carelessness, or failure to act responsibly.
In practical terms, if the deceased could have filed a personal injury lawsuit had they survived, their surviving, immediate family members may have grounds for a wrongful death claim.
In Tyler and Smith County, common causes of wrongful death claims include:
- Car and commercial truck accidents on Loop 323, Highway 31, or I-20
- Drunk or distracted driving collisions
- Workplace incidents in industrial, construction, or oilfield settings
- Fatal falls due to unsafe property conditions
- Nursing home neglect or abuse
- Dangerous or defective consumer products
- Criminal acts involving assault or violence
If you are unsure whether your situation meets the legal standard, our attorneys can evaluate your case and explain your options clearly.
Who Is Eligible to File a Wrongful Death Lawsuit in Texas?
Texas law limits who may bring a wrongful death claim. Eligible parties include:
- The surviving spouse
- Children of the deceased (including adult children)
- The deceased’s parents
Additionally, the executor or administrator of the estate may file a survival claim. This separate legal action seeks compensation for the pain and suffering the deceased experienced before passing.
Our firm will help determine the appropriate structure for your claim and ensure all eligible parties are properly represented.
Time Limits for Filing a Claim
In most cases, Texas imposes a two-year statute of limitations for wrongful death lawsuits. Certain exceptions may apply depending on the circumstances.
Waiting can jeopardize evidence, witness testimony, and your legal rights. Speaking with a Tyler wrongful death attorney promptly can protect your family’s claim.
Compensation Available in a Tyler Wrongful Death Case
While no legal outcome can restore what has been taken, a wrongful death lawsuit can provide financial stability and accountability.
Texas law allows families to pursue damages for:
- Loss of the deceased’s earning capacity
- Loss of future inheritance
- Medical expenses incurred before death
- Funeral and burial costs
- Emotional suffering and mental anguish
- Loss of companionship and guidance
- Loss of household services and support
In cases involving gross negligence or intentional misconduct, courts may also award exemplary (punitive) damages to penalize the responsible party and deter similar conduct.
Pursuing Accountability in East Texas
A wrongful death claim is not solely about financial recovery. It is about acknowledgment. It is about making clear that negligence has consequences.
For many families in Tyler, pursuing legal action becomes an essential step toward closure. Holding the responsible party accountable publicly affirms the value of the life that was lost.
Our mission is to help you seek both justice and compensation with strength and dignity.
What to Expect in the Legal Process
Initial Consultation and Case Evaluation
Your case begins with a free consultation. We will listen carefully, answer your questions, and evaluate the legal and factual circumstances surrounding your loved one’s death.
Our team then begins gathering critical evidence, including:
- Medical records
- Accident reports from Tyler Police or Texas DPS
- Employment and wage documentation
- Witness statements
- Expert evaluations
We develop a strategy tailored specifically to your case and your family’s goals.
Investigation and Discovery
After filing the lawsuit, both sides engage in a formal evidence-gathering phase known as discovery. This may involve:
- Depositions
- Document requests
- Written interrogatories
- Expert analysis
Discovery is where we uncover the full truth about what happened and build leverage for negotiations or trial.
Settlement Negotiations
Most wrongful death cases resolve through settlement. Strong preparation is critical. Insurance companies evaluate risk carefully, and experienced trial lawyers command respect at the negotiating table.
We present a detailed account of your economic and emotional losses and negotiate aggressively for a resolution that reflects the full impact of your loss.
Trial When Necessary
If a fair settlement is not offered, we are fully prepared to present your case before a jury in Smith County.
Trial requires skillful storytelling, credible expert testimony, and meticulous preparation. Our attorneys have decades of courtroom experience and will advocate forcefully on your behalf.
Why Trial Experience Matters
Insurance companies calculate risk. When they know your attorney is prepared—and willing—to take a case to trial, the dynamic changes.
Our litigation background strengthens both settlement discussions and courtroom advocacy. Families benefit from representation that is strategic, assertive, and fully trial-ready.
A Steady Legal Partner During an Unimaginable Time
Wrongful death cases demand sensitivity, discretion, and legal precision. While you focus on your family and healing, we will manage the legal process and fight to protect your future.
If your loved one’s death was caused by negligence in Tyler or anywhere in East Texas, contact Winocour Law today. Your consultation is free, and you owe no attorney’s fees unless we secure compensation on your behalf.