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The untimely loss of a loved one is an experience no family should have to endure. When that loss is caused by someone else’s negligence or wrongful actions, the emotional toll is compounded by the need to seek justice and accountability.
At the Houston-based firm of Johnson Garcia, we understand the gravity of these situations. For over 35 years, our Houston-based team has been dedicated to helping families in Galveston pursue wrongful death claims with dignity and respect.
A wrongful death claim arises when a person’s death is caused by the negligence, recklessness, or intentional act of another party. In Texas, these claims are governed by the Texas Wrongful Death Act, which allows certain surviving family members to seek compensation for the financial and emotional losses associated with their loved one’s passing.
Eligible family members typically include the deceased’s spouse, children, and parents. The claim aims not only to address the economic impact of the loss, such as medical expenses and lost income, but also to provide some measure of justice for the emotional suffering endured by the family.
Wrongful death cases can stem from a variety of incidents, each with unique legal and factual considerations. Common causes include:
In Galveston, congested roads and frequent tourism traffic contribute to a significant number of motor vehicle accidents. When a driver’s negligence — such as speeding, distracted driving, or impaired driving — leads to a fatal crash, surviving family members may have grounds for a wrongful death claim.
Galveston’s proximity to maritime industries and the oil and gas sector means workplace accidents are a common cause of wrongful deaths. Employers are required to provide safe working conditions, but violations of safety standards or defective equipment can result in tragic fatalities.
Medical errors, such as misdiagnosis, surgical mistakes, or medication errors, can lead to preventable deaths. In these cases, a wrongful death claim may target the healthcare provider or institution responsible for the negligence.
Property owners have a legal obligation to maintain safe premises. Fatal injuries caused by hazardous conditions, such as slips, falls, or unsafe structures, may give rise to a wrongful death claim under Texas premises liability law.
When a defective product causes a fatality, the manufacturer, distributor, or retailer may be held liable. Cases involving faulty machinery, unsafe consumer products, or toxic substances often require expert testimony to establish a direct link between the defect and the death.
Navigating a wrongful death claim can be overwhelming, especially when grieving. At Johnson Garcia, our attorneys are here to guide you through every step of the process with compassion and clarity. Each phase is essential to building a strong case and holding the responsible parties accountable.
The initial stage of a wrongful death claim involves a thorough investigation into the circumstances surrounding your loved one’s death. This process requires gathering a range of critical evidence to establish the facts and support your claim. Our legal team reviews all available medical records to understand the cause and progression of the injuries leading to the fatality. If an accident or incident report was filed, it serves as a crucial document, outlining key details such as involved parties, eyewitness accounts, and law enforcement observations.
In many cases, our attorneys conduct interviews with witnesses who can provide firsthand accounts of the events. This testimony can shed light on the negligence or misconduct that contributed to the death. Additionally, our team often collaborates with specialists such as medical experts, accident reconstructionists, or engineers, depending on the case. These experts provide analyses and opinions that may be instrumental in proving liability. Every piece of evidence is meticulously reviewed and preserved to build a strong foundation for your claim.
This preparation phase is vital, as it sets the stage for all subsequent steps in the legal process. It also involves identifying all potential defendants, which may include individuals, companies, or institutions. Establishing negligence or recklessness on the part of these parties is a critical goal during this stage.
After the investigation and evidence collection are complete, a formal claim is filed in court. This document, often referred to as a complaint or petition, outlines the legal basis for the wrongful death claim. It identifies the surviving family members bringing the claim and the parties being held responsible for the death. It also specifies the damages sought, detailing the financial and emotional losses incurred by the family.
Filing the claim notifies the defendants of the legal action against them and begins the formal legal process. It is essential that this document is prepared with precision, as it serves as the cornerstone of your case. At Johnson Garcia, we take great care to craft a compelling and comprehensive claim that accurately reflects the impact of the loss on your family.
In many wrongful death cases, once the claim is filed, the focus shifts to negotiating a settlement. This phase involves discussions with the defendant’s legal representatives or insurance companies. The goal is to reach a resolution that fairly compensates the family for the financial and emotional toll of their loss.
Negotiations often involve multiple rounds of communication, during which both sides may present evidence, arguments, and counteroffers. The process can be complex, as insurance companies and defendants typically aim to minimize their financial liability. Our attorneys are skilled negotiators, committed to advocating for a resolution that accounts for the full scope of your losses, including medical bills, lost income, and emotional suffering.
During this phase, we maintain open communication with our clients, keeping them informed of developments and advising them on the most appropriate course of action. If a fair settlement cannot be reached, we proceed to the next stage with confidence and preparation.
When settlement negotiations do not result in an acceptable agreement, the case may proceed to litigation. This step involves presenting the case in court before a judge or jury. Litigation requires extensive preparation, as the courtroom is where the evidence collected during the investigation is presented and examined in detail.
Our attorneys prepare persuasive arguments, supported by expert testimony and meticulously organized evidence. We may call upon witnesses, including family members and professionals, to provide testimony that conveys the full impact of the loss. In court, we advocate vigorously for your family’s rights and the justice your loved one deserves.
Litigation can be a lengthy process, but our team remains steadfast in pursuing the best possible outcome for our clients. We understand the emotional weight of this journey and strive to support our clients every step of the way, both legally and personally.
In a wrongful death case, compensation is divided into two primary categories: economic and non-economic damages. Each category plays a crucial role in addressing the profound impacts of losing a loved one, both financially and emotionally. Additionally, in certain cases involving severe misconduct, punitive damages may also be considered. These damages collectively aim to provide some measure of relief for the survivors during an exceptionally difficult time.
Economic damages are designed to compensate for the tangible financial losses resulting from the wrongful death. These losses are typically measurable and directly linked to the deceased’s passing.
One of the most immediate financial burdens families face after a wrongful death is the cost of medical care provided to the deceased before their passing. These medical expenses can include hospital stays, surgeries, medications, and other treatments administered in an attempt to save the deceased’s life. Funeral and burial costs are another significant expense, encompassing everything from burial services to memorial arrangements. These expenses can quickly accumulate, leaving families with substantial financial strain.
Another critical component of economic damages is the loss of income that the deceased would have provided to their family. This includes not only their current earnings but also their potential future earnings had they lived a full life. This calculation often requires an analysis of the deceased’s career trajectory, age, and expected work lifespan.
Finally, economic damages may account for the loss of services the deceased would have contributed to the household. This includes tasks such as childcare, home maintenance, or other non-paid contributions that have measurable financial value. The absence of these services can place an additional burden on surviving family members, both financially and emotionally.
While economic damages address quantifiable losses, non-economic damages focus on the intangible and deeply personal consequences of losing a loved one. These damages acknowledge the profound emotional and relational void left behind by the deceased.
One of the most significant aspects of non-economic damages is the loss of companionship. This includes the guidance, support, and emotional bond the deceased provided to their family members. The absence of this relationship can leave an enduring emotional impact on survivors, particularly on children and spouses.
Mental anguish is another key component of non-economic damages. The grief, emotional suffering, and psychological toll experienced by surviving family members following a wrongful death can be overwhelming. These damages recognize the depth of that suffering and its impact on the survivors’ quality of life.
Loss of consortium is a specific type of non-economic damage typically claimed by a spouse. It refers to the loss of love, affection, and partnership that a spouse experiences due to the death of their partner. This loss can profoundly alter the surviving spouse’s life and their sense of stability and security.
In cases involving egregious misconduct or intentional harm, the court may also award punitive damages. Unlike economic and non-economic damages, punitive damages are not aimed at compensating the family for their losses. Instead, they serve to penalize the wrongdoer for their actions and to deter similar conduct in the future.
Punitive damages are reserved for cases where the responsible party’s behavior was particularly reckless or malicious. For example, these damages may apply in cases involving drunk driving fatalities, intentional acts of violence, or gross negligence by a company or employer. While not awarded in every case, punitive damages emphasize accountability and seek to prevent similar tragedies.
Texas law imposes a strict time limit for filing wrongful death claims. Generally, the claim must be filed within two years of the deceased’s passing. However, exceptions may apply in certain circumstances, such as cases involving fraud or delayed discovery of the cause of death. Consulting with an experienced wrongful death attorney as soon as possible is critical to preserving your legal rights.
At Johnson Garcia, we recognize that no legal action can replace the loss of a loved one. However, we also understand the importance of holding responsible parties accountable and alleviating the financial burdens faced by grieving families.
We approach every wrongful death case with empathy and respect. Our attorneys take the time to listen to your story, answer your questions, and provide the guidance you need during this difficult time.
With over 35 years of experience, our Houston-based legal team has a deep understanding of the complexities involved in wrongful death claims. We are committed to pursuing justice for our clients, whether through negotiation or litigation.
Our attorneys conduct thorough evaluations to identify all potential sources of liability and compensation. This includes examining insurance policies, corporate safety records, and other relevant factors to build a strong case.
At Johnson Garcia, we work on a contingency fee basis. This means there are no upfront costs for our services, and you only pay if we successfully recover compensation on your behalf.
If you have lost a loved one in Galveston due to someone else’s negligence, you shouldn’t have to face this difficult journey alone. At Johnson Garcia, our wrongful death lawyers are dedicated to standing by your side, providing unwavering support and experienced legal representation when you need it most.
Your family’s future and your loved one’s legacy matter. Call us today at 832-844-6700 or reach out online to schedule a free, no-obligation consultation. Let us fight for accountability and justice on your behalf. You focus on healing — we’ll handle the rest.
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