Wrongful Death Lawyers in Brazoria County, TX

Losing a loved one is one of life’s most devastating experiences. When that loss is caused by someone else’s negligence or misconduct, the grief is compounded by the need for answers and justice.

At Johnson Garcia, our Houston-based wrongful death attorneys are committed to helping families in Brazoria County navigate these difficult times. With over 35 years of experience, we are prepared to fight for your family’s rights and hold the responsible parties accountable.

Before we talk about how we can help, though, let’s first take a look at the common types of wrongful death cases we see.

Common Types of Wrongful Death Cases

Wrongful death cases can arise from a wide variety of circumstances where another party’s negligence, recklessness, or intentional actions result in a loss of life. At Johnson Garcia, our attorneys have extensive experience handling wrongful death claims across diverse situations. Below are some of the most common types of cases we address:

Motor Vehicle Accidents

Car, truck, and motorcycle accidents are a leading cause of wrongful death. These cases often involve negligence such as speeding, distracted driving, drunk driving, or failure to follow traffic laws. Commercial vehicle accidents, in particular, can lead to complex claims involving multiple parties, including trucking companies and insurers.

Workplace Accidents

In industries such as construction, oil and gas, or maritime work, fatal accidents can occur due to unsafe working conditions, defective equipment, or inadequate training. Families of workers may pursue compensation under Texas wrongful death laws or specific provisions like the Jones Act for maritime employees.

Medical Malpractice

When healthcare providers fail to meet the standard of care, the results can be catastrophic. Wrongful death claims in medical malpractice cases often involve surgical errors, misdiagnosis, medication mistakes, or failure to treat serious conditions appropriately.

Defective Products

Fatalities caused by dangerous or defective products, such as faulty machinery, unsafe vehicles, or defective pharmaceuticals, may lead to product liability wrongful death claims. These cases often involve holding manufacturers, distributors, or retailers accountable for their negligence in ensuring product safety.

Premises Liability Accidents

Property owners have a duty to maintain safe conditions for visitors. Fatal accidents caused by slip-and-fall incidents, inadequate security, or hazardous environments may lead to wrongful death claims against negligent property owners or managers.

Criminal Acts

Intentional harm, such as assault, homicide, or other violent crimes, can form the basis of a wrongful death claim. In these cases, families may pursue civil action for financial compensation in addition to any criminal proceedings against the perpetrator.

At Johnson Garcia, our attorneys have the experience and resources necessary to investigate and pursue wrongful death claims arising from these and other circumstances. If your loved one’s death was caused by negligence or misconduct, we will fight to hold the responsible parties accountable and seek the compensation your family deserves.

Why Choose Johnson Garcia for Your Wrongful Death Case?

Our attorneys understand the emotional and legal complexities involved in wrongful death claims. We approach every case with compassion, professionalism, and a relentless pursuit of justice. If the opposing party does not negotiate fairly, we will not hesitate to file a lawsuit and take your case to trial to secure the compensation your family deserves.

A wrongful death claim requires more than just knowledge of the law — it demands thorough investigation, strategic planning, and skilled negotiation. At Johnson Garcia, we offer:

• Proven Legal Expertise: Our attorneys leverage decades of experience to navigate Texas wrongful death statutes and regulations, ensuring your claim is robust and in full compliance with state law.
• Personalized Case Management: From the initial consultation to resolution, we handle every aspect of your case, including collecting evidence, managing paperwork, and communicating with insurance companies.
• Strong Advocacy: Whether through settlement negotiations or in court, we fight aggressively to secure maximum compensation for your family.

Understanding the compensation that’s available to you is an important aspect of your lawyer’s responsibilities. Let’s take a moment now to explain what that compensation might look like in your case.

What Does a Wrongful Death Claim Cover?

The sudden loss of a loved one is devastating, affecting every aspect of life for those left behind. While no amount of compensation can truly make up for your loss, a wrongful death claim can provide financial relief and hold the responsible party accountable. Damages in a wrongful death case fall into three categories: economic damages, non-economic damages, and punitive damages. Here’s what each category includes:

Economic Damages

Economic damages are the tangible financial losses directly caused by your loved one’s death. These measurable costs help ensure that your family’s financial stability is not compromised by the tragedy. Examples of economic damages include:

• Medical Expenses: This includes the cost of emergency care, hospital stays, surgeries, and any other medical treatments your loved one received prior to their passing.
• Funeral and Burial Costs: Wrongful death claims often seek to recover the expenses associated with funeral services, burial, or cremation, which can be a significant financial burden for families.
• Loss of Income: If your loved one was a provider for your family, their lost wages and potential future earnings are compensable. This includes income they would have earned over the course of their career.
• Loss of Financial Support: Beyond wages, families may also lose benefits such as health insurance, retirement contributions, and other economic support provided by the deceased.

Economic damages ensure that your family is not left to shoulder the financial burden caused by someone else’s negligence.

Non-Economic Damages

Non-economic damages address the intangible and deeply personal losses that accompany the death of a loved one. These damages recognize the emotional and relational impact of your loss and can include:

• Loss of Companionship and Consortium: The absence of your loved one’s presence, affection, and guidance is a profound loss. Compensation acknowledges the impact this has on family relationships, particularly for spouses and children.
• Pain and Suffering: This accounts for the emotional distress and anguish caused by your loved one’s death. While difficult to quantify, pain and suffering damages are a critical aspect of wrongful death claims.
• Emotional Distress: The psychological impact of losing a loved one, such as depression, anxiety, or post-traumatic stress, is included in this category. Families often struggle with the enduring emotional toll of their loss.
• Loss of Enjoyment of Life: Non-economic damages may also address the diminished quality of life experienced by surviving family members due to the absence of their loved one.

While these damages cannot be calculated with exact precision, they reflect the significant emotional and relational void caused by your loss.

Punitive Damages

Punitive damages are not awarded in every wrongful death case but are reserved for situations where the responsible party’s actions were particularly egregious or reckless. The purpose of punitive damages is to:

• Punish the Wrongdoer: In cases of gross negligence or intentional misconduct, punitive damages serve to penalize the at-fault party for their harmful actions.
• Deter Future Misconduct: Punitive damages also aim to send a strong message that such behavior will not be tolerated, discouraging similar conduct in the future.

Examples of cases that may warrant punitive damages include drunk driving accidents, extreme negligence by an employer, or intentional harm resulting in a fatality.

Steps to Take After a Wrongful Death in Brazoria County

Losing a loved one is a devastating experience, and when negligence is to blame, the aftermath can feel even more overwhelming. Taking the right steps after such a loss is crucial to protecting your family’s rights and pursuing justice. At Johnson Garcia, we are here to provide compassionate guidance while handling the complexities of your wrongful death claim. Here is what you need to know about moving forward after a wrongful death in Brazoria County.

Seek Legal Counsel

Your first step should be contacting an experienced wrongful death attorney who can help you navigate this challenging process. At Johnson Garcia, our legal team will investigate the circumstances surrounding your loved one’s death, identify those responsible, and develop a strategy tailored to your case. We will manage all communication with opposing parties and insurance companies, ensuring your rights are protected. Our contingency fee arrangement means you pay nothing upfront; we only collect fees if we successfully recover compensation for your family.

Preserve Evidence

Evidence is the cornerstone of any successful wrongful death claim. Collecting and preserving documentation as soon as possible strengthens your case and helps prove liability. Critical evidence includes police reports, accident scene photos, medical records, autopsy findings, and witness statements. Correspondence with the at-fault party or their insurer is also important. By acting quickly to secure these materials, you provide your attorney with the tools needed to build a compelling argument for your family’s recovery.

File Your Claim

Texas law imposes a strict statute of limitations on wrongful death claims, generally requiring them to be filed within two years of the date of death. Filing promptly is essential to preserve your right to compensation and to give your attorney adequate time to prepare your case. Delays can lead to the loss of evidence and limit your legal options, so taking action early is in your best interest. At Johnson Garcia, we will ensure your claim is filed accurately and on time.

Avoid Potential Pitfalls

Certain actions can unintentionally harm your claim. Refrain from discussing fault with insurance adjusters or other parties without first consulting your attorney, as statements made in haste can be used against you. Avoid posting about the incident on social media, as insurers may scrutinize your online activity to minimize your claim. Seeking counseling or emotional support is also important, as this demonstrates the impact of your loss and helps you cope during this difficult time.

Focus on Healing

Navigating the legal process while grieving can be emotionally and physically exhausting. Entrusting your case to a skilled legal team allows you to focus on healing and spending time with your loved ones. While you attend to your family’s needs, we will handle the legal complexities, keeping you informed every step of the way and advocating for the justice and compensation you deserve.

What to Expect During a Wrongful Death Claim

Navigating a wrongful death claim can be a complex and emotional process, but understanding what to expect can help you feel more prepared. At Johnson Garcia, we are committed to guiding you through each step, providing compassionate support while working to secure justice for your family.

Initial Consultation

The process typically begins with an initial consultation. During this meeting, your attorney will listen to your story, assess the circumstances of your loved one’s death, and explain your legal rights. This is an opportunity to ask questions and understand your options. After the consultation, your attorney will conduct a detailed investigation into the case. This may involve gathering evidence such as police reports, medical records, accident scene photos, and witness statements. In some cases, experts like accident reconstructionists or medical professionals may be consulted to build a strong foundation for your claim.

Filing Your Claim

Once the evidence has been compiled, your attorney will prepare and file a formal wrongful death claim. This document outlines the basis of your case, including the circumstances of the death, the parties at fault, and the damages being sought. Filing the claim is a critical step, as it ensures compliance with Texas’ statute of limitations.

Negotiations

After filing, the focus often shifts to negotiations with the at-fault party’s insurance company. Your attorney will represent your interests, leveraging evidence to demand fair compensation for economic and non-economic losses, such as medical bills, funeral costs, and loss of companionship. Negotiations may involve multiple rounds of offers and counteroffers as the parties work toward a resolution. If a fair settlement cannot be reached, the case may proceed to litigation.

Litigation

If litigation becomes necessary, your attorney will file a lawsuit and represent you in court. During this phase, both sides will engage in discovery, exchanging information and gathering additional evidence. The case may then go to trial, where your attorney will present your claim to a judge or jury, advocating for the compensation your family deserves.

Trust Johnson Garcia to Fight for Your Family

With over three decades of experience and a commitment to serving families throughout Brazoria County, Johnson Garcia is here to support you in your time of need. We know how devastating a wrongful death can be, and we are dedicated to helping you pursue justice and protect your family’s future.

If you have lost a loved one due to negligence or wrongdoing, contact us online today or give us a call at 832-844-6700 or reach out online to schedule a free consultation. Let Johnson Garcia’s experienced wrongful death attorneys provide the compassionate guidance and aggressive representation you deserve.