Wrongful Death Lawyers in Friendswood, TX

Losing a loved one is one of life’s most difficult experiences, and when that loss is caused by someone else’s negligence or wrongful actions, the pain is compounded by anger, frustration, and unanswered questions. Families in Friendswood, Texas, who have suffered such a loss can seek justice and financial relief through a wrongful death claim. While no legal action can bring a loved one back, holding the responsible party accountable can provide closure and alleviate the financial strain left behind.

At Johnson Garcia, our Houston-based firm brings over 35 years of experience to helping families in Friendswood and across Texas navigate the complexities of wrongful death claims. With compassionate guidance and relentless advocacy, we are here to fight for the justice your family deserves.

Understanding Wrongful Death Claims

A wrongful death claim is a civil lawsuit brought by the surviving family members of someone who has died due to another party’s negligence, recklessness, or intentional misconduct. Unlike criminal cases, which are pursued by the state to punish wrongdoing, wrongful death claims focus on compensating the family for the financial, emotional, and relational losses they have suffered as a result of the death.

In Texas, wrongful death claims are governed by state law and allow families to seek damages for a variety of losses, including medical expenses, funeral costs, lost income, and emotional pain and suffering. These claims are an essential tool for ensuring that those responsible for a loved one’s death are held accountable and that families are provided the resources they need to rebuild their lives.

Common Causes of Wrongful Death in Friendswood

Wrongful death cases arise from a wide range of incidents, all of which share the common element of another party’s negligence or wrongdoing. In Friendswood, the most frequent causes of wrongful death include:

Motor Vehicle Accidents

Car, truck, and motorcycle accidents are a leading cause of wrongful death in Texas. Reckless driving behaviors such as speeding, distracted driving, and driving under the influence are often at the root of these tragedies. Friendswood’s busy roadways and proximity to major highways increase the risk of fatal crashes. Trucking accidents, in particular, can be devastating due to the size and weight of commercial vehicles, and they often involve additional complexities, such as liability for trucking companies or vehicle maintenance providers.

Workplace Accidents

Workplace fatalities are tragically common in industries like construction, oil and gas, and manufacturing, which are prominent in Texas. Fatalities can result from unsafe working conditions, lack of proper safety protocols, or defective equipment. Falls, machinery malfunctions, and exposure to hazardous substances are among the most common causes of workplace deaths. Employers who fail to meet safety standards can and should be held accountable.

Medical Malpractice

Medical errors, such as misdiagnosis, surgical mistakes, and medication errors, are a leading cause of preventable deaths in the United States. In Friendswood, families entrust their loved ones to healthcare providers, expecting a high standard of care. When that standard is not met and negligence occurs, the results can be devastating. Wrongful death claims in medical malpractice cases seek to hold healthcare providers accountable for their actions.

Defective Products

When manufacturers, distributors, or retailers release unsafe products to the public, the consequences can be fatal. Defective auto parts, malfunctioning machinery, and dangerous pharmaceutical drugs are just a few examples of product-related hazards. In these cases, product liability laws allow families to seek compensation for their losses, ensuring that companies are held responsible for failing to ensure the safety of their products.

Premises Liability

Property owners in Friendswood have a legal duty to maintain safe conditions for visitors. Fatal accidents can result from negligence, such as failing to repair hazards, neglecting proper security measures, or not warning visitors of dangers. Examples include slip-and-fall accidents, drownings in unsecured swimming pools, and injuries from inadequate lighting or security.

Criminal Acts

Intentional acts of violence, such as assault or homicide, can also lead to wrongful death claims. While criminal charges may be pursued against the perpetrator, families can file a civil wrongful death claim to seek financial compensation for the emotional and financial losses caused by the crime.

What Compensation Is Available in a Wrongful Death Claim?

A wrongful death claim seeks to address the far-reaching impact of losing a loved one by compensating families for financial, emotional, and relational losses. These damages are categorized into three types: economic, non-economic, and punitive. Together, they aim to provide relief to surviving family members while holding the responsible party accountable.

Economic Damages

Economic damages are the tangible financial losses directly tied to the deceased person’s death. These damages are calculated using quantifiable evidence and aim to ease the financial burden on the surviving family. Common economic damages include:

• Medical Expenses: Any medical costs incurred before the death, such as emergency care, surgeries, or hospitalization, are recoverable. This includes treatments given immediately after the incident and ongoing care until the time of death.
• Funeral and Burial Costs: Funeral services, burial, or cremation can impose significant financial burdens on grieving families. These costs are typically included in the compensation sought in a wrongful death claim.
• Lost Income and Benefits: If the deceased was a primary earner or contributed significantly to the family’s finances, compensation can include wages and benefits they would have earned over their expected working life. This often includes retirement savings, bonuses, health insurance, and other employment-related benefits.
• Loss of Financial Support: Beyond direct income, families often rely on contributions to education, household expenses, and future care. Compensation ensures that dependents, including children or aging parents, are not left without vital financial resources.

Non-Economic Damages

Non-economic damages recognize the deeply personal and intangible losses families endure after a loved one’s death. Unlike economic damages, these are more subjective and aim to address the emotional and relational void caused by the loss. These damages may include:

• Loss of Companionship and Care: The absence of a loved one’s presence, guidance, and emotional support significantly impacts the quality of life for surviving family members. Compensation seeks to acknowledge the irreplaceable value of these relationships.
• Emotional Pain and Suffering: Families often endure profound psychological distress, including grief, depression, anxiety, and trauma. Non-economic damages help account for this emotional toll.
• Diminished Quality of Life: The loss of a loved one often leaves an enduring void, impacting family traditions, daily interactions, and the overall enjoyment of life. This loss is recognized as a compensable damage.

Punitive Damages

Punitive damages are awarded in cases where the defendant’s behavior was especially egregious, such as gross negligence or intentional wrongdoing. Unlike economic and non-economic damages, punitive damages are not meant to compensate the family directly. Instead, they serve two purposes: to punish the wrongdoer for their actions and to deter similar misconduct in the future.

For example, cases involving drunk driving, reckless disregard for safety regulations, or deliberate harm may warrant punitive damages. While these damages are less common, they play a vital role in holding defendants accountable in situations where their actions go beyond mere negligence.

Every wrongful death case is unique, and determining the full scope of damages requires a thorough assessment of the family’s circumstances, the deceased’s role in the household, and the specific facts of the case. With that in mind, though, there are only a select few who can file wrongful death cases on someone else’s behalf.

Who Can File a Wrongful Death Claim in Texas?

Under Texas law, only specific individuals are eligible to file a wrongful death claim. These individuals include:

• Spouses: Surviving spouses can file a claim to recover damages for the loss of their partner’s companionship, financial contributions, and emotional support.
• Children: Both biological and adopted children have the legal right to file a claim for the wrongful death of a parent, seeking compensation for lost guidance, care, and financial stability.
• Parents: Biological and adoptive parents can pursue a claim for the loss of a child, recovering damages for emotional pain and suffering.

If none of the eligible family members files a claim within three months of the death, the personal representative of the deceased’s estate may file on behalf of the estate. This ensures that justice can still be pursued, even if the immediate family is unable or unwilling to act. Remember, though, siblings and extended family members are not eligible to file wrongful death claims under Texas law.

Steps to Take in a Wrongful Death Case

Losing a loved one due to negligence or misconduct is a devastating experience. While no legal action can bring them back, taking the right steps after their passing can protect your family’s rights and help secure the justice and compensation you deserve. Here are the critical steps to take in a wrongful death case:

Seek Immediate Medical and Official Documentation

The first step is to ensure that all medical and official documentation surrounding the death is obtained. If the death occurred as a result of an accident, secure copies of the police report and any medical records. If applicable, obtain an autopsy report, which can provide critical information about the cause of death and whether negligence was involved. These documents are essential for building a strong wrongful death claim.

Preserve Evidence

Preserving evidence is crucial in proving negligence or wrongdoing. This may include photographs of the accident scene, damaged property, or hazardous conditions that contributed to the death. Keep any correspondence or communications with the at-fault party, such as emails, text messages, or written statements. Additionally, retain any receipts, invoices, or records of financial losses incurred as a result of the death, such as medical bills or funeral expenses.

Gather Witness Information

Witnesses can provide valuable testimony in a wrongful death case. If there were individuals present at the scene, collect their contact information and ask them to provide a detailed account of what they observed. Witness statements can strengthen your case and corroborate evidence.

Avoid Speaking With Insurance Companies

Insurance companies often attempt to minimize payouts, and anything you say to an adjuster can be used against you. Refrain from discussing fault or the specifics of the incident until you have spoken with an attorney. Decline any early settlement offers without legal counsel, as they are often far below the value of your claim.

Document Your Losses

A wrongful death claim seeks to compensate for both economic and non-economic losses. Document all financial impacts, such as lost income, funeral costs, and medical expenses, as well as the emotional toll, including the loss of companionship and emotional pain. Keeping a detailed record of these losses will help your attorney calculate the full value of your claim.

Consult a Lawyer

The legal process for a wrongful death claim is complex and time-sensitive, with strict filing deadlines and evidentiary requirements. Consulting an experienced wrongful death lawyer is essential to protecting your family’s rights and building a compelling case. At Johnson Garcia, our compassionate attorneys have decades of experience advocating for families. We will handle the legal complexities so you can focus on healing and rebuilding your life. Contact us today for a free consultation.

Why Choose Johnson Garcia?

At Johnson Garcia, we understand the immense pain and challenges families face after losing a loved one. With over three decades of experience handling wrongful death cases, we are committed to providing compassionate support and aggressive advocacy to families in Friendswood and beyond. We work tirelessly to secure justice for your family, whether through negotiation or litigation.

Our firm operates on a contingency fee basis, meaning you pay nothing upfront. We only collect fees if we successfully recover compensation for your family. This allows you to focus on healing while we handle the legal complexities.

The loss of a loved one is an unimaginable hardship, but you don’t have to face it alone. At Johnson Garcia, we are here to guide you through the legal process, fight for your family’s rights, and provide the support you need during this difficult time. Contact us online or give us a call at 832-844-6700 for a free consultation. We understand what you’re going through is unimaginable, but let us help you take the first steps toward justice and healing.

Related Pages

• Friendswood Personal Injury Lawyers
• Friendswood Car Accident Lawyer
• Friendswood Truck Accident Lawyers
• Maritime Injury Lawyers in Friendswood