Houston Wrongful Death Lawyers

What Is A Wrongful Death Suit?

A wrongful death lawsuit is a claim surviving family members can bring against a person or entity whose negligence led to the death of the family’s loved one.

Each state has its own definition of what constitutes wrongful death. In Texas, the law says a wrongful death is one caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person. In most cases, you must file a wrongful death claim within two years of the death of a loved one, but there are some exceptions that may allow you to file beyond this time frame.

The Houston wrongful death lawyers at Johnson Garcia LLP will help you determine whether your situation meets the requirements to pursue a wrongful death claim in Texas. We’ve earned a reputation as one of the most trusted wrongful death law firms in the state of Texas. Here’s why you can trust us with your case:

• We have won millions of dollars on behalf of our clients.
• We work on a contingency basis, meaning you don’t pay unless we win your case.
• We offer free, confidential consultations.   

Don’t wait — contact us today for your free consultation.

Key Elements in a Texas Wrongful Death Claim

You can think of a wrongful death claim as similar to a personal injury claim. However, with a wrongful death claim, the victim is not able to fight for their compensation. As with any personal injury case, there are some key elements that you must meet to be able to file a wrongful death claim.

First, you must establish that the defendant owed your loved one a duty of care and that they breached that duty. Drivers have a duty to obey all traffic laws, including speed limits. If a speeding driver struck your loved one’s vehicle, they breached their duty of care by breaking the law.

You then have to establish that the breach of duty resulted in your loved one’s death.

It’s not easy to establish these elements, especially while you’re dealing with grief. With help from a wrongful death lawyer, you can focus on grieving. Your attorney will undertake a thorough investigation of the accident and gather the necessary evidence.

Survival Claims vs. Wrongful Death Claims

Many people wonder if survival claims and wrongful death claims are the same, but they’re not. It’s important to understand the differences between these two types of claims.

A survival claim is filed on behalf of the victim and involves asking for damages that the person would have received had they survived. It is usually filed when a loved one is injured because of someone else’s negligence and survives for hours or days before succumbing to their injuries. It’s often used in medical malpractice claims.

Survival claims focus on compensation for what your loved one suffered in the period between the accident and the time of their death. Damages can include pain and suffering as well as compensation for medical bills.

Wrongful death claims, however, focus on compensating the losses that the family of the deceased experienced. These claims are typically filed when the person dies soon after the accident. Family members can ask for damages to cover medical expenses, lost wages, and pain and suffering.

Regardless of which option you pursue, you will still have to demonstrate that someone else’s negligent or wrongful conduct caused the accident that led to your loved one’s death. When you speak with one of our lawyers, we can advise you on the right option for your particular case and begin gathering evidence to prove the claim. 

What Types Of Accidents Cause A Wrongful Death Claim?

Some examples of situations where you may be able to pursue a wrongful death claim include:

• Motor vehicle accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Defective product accidents
• Unsafe merchandise accidents
• Medical malpractice
• Nursing home neglect
• Workplace accidents

Motor vehicle or motorcycle accidents

Many wrongful death accidents involve someone who was driving recklessly, not paying attention, or driving under the influence of drugs or alcohol. If you have lost a loved one because of a reckless or negligent driver, consult with an experienced Houston wrongful death attorney right away.       

Bicycle or pedestrian accidents

Careless and distracted drivers injure and kill cyclists and pedestrians every day. Some accidents are caused by unsafe sidewalks or a lack of designated crosswalks and bicycle lanes. If your loved one died because of a careless driver or poorly maintained streets or walkways, you may be able to file a wrongful death claim against the person or entity responsible.       

Defective products or unsafe merchandise

Unsafe and defective products injure and kill people every year. It may be possible to hold liable the producer, manufacturer, or even the distributor of a defective product in a wrongful death claim. Examples of defective products that can cause a person’s death include:

• Prescription medications and over-the-counter drugs
• Children’s toys or car seats
• Home appliances and power tools     
• Cars, motorcycles, ATVs, and other motor vehicles
• Fall protection equipment

Medical malpractice

Improper or inadequate training and stressful work environments lead some healthcare providers to commit medical malpractice. Under Texas law, they can be held liable for pain and suffering and other damages in wrongful death lawsuits. You will want to speak with wrongful death medical malpractice lawyers.

You may be able to bring a wrongful death claim for medical malpractice related to:

• Misdiagnosis
• Defective medical equipment
• Hospital employee or EMT negligence
• Surgical or medication mistakes
• Improper treatment or delayed treatment
• Birth-related injuries
• Failure to obtain informed consent

Nursing home neglect

Nursing home abuse and neglect is a rampant problem in the U.S. If you know or suspect that your loved one died because of improper care or abusive treatment, you may be able to file a wrongful death claim against the care facility.

Accidents in the workplace.

Injuries and death in the workplace are common, especially in industries like construction and logging. Employers who fail to provide safe working conditions may be held responsible for fatalities that happen on the job. If you have lost a family member due to their employer’s negligence, you may be able to bring a wrongful death claim.

What Damages Can Be Recovered In A Wrongful Death Claim?  

A wrongful death settlement can cover damages beginning the moment the negligent act occurred, such as hospital bills. It can also cover losses of surviving family members well into the future.

The last thing you want to deal with after losing a loved one is legal matters. But it’s important to act quickly if your loved one died because of someone else’s negligence. The statute of limitations in Texas to bring a wrongful death claim is two years (with some exceptions).

The Houston wrongful death attorneys at Johnson Garcia LLP will communicate with law enforcement, insurance companies, and other parties involved and gather important evidence to help strengthen your case. You can count on us to fight for a settlement that covers all your expenses and protects your family’s financial future.

You may be entitled to compensation for:

• Medical expenses
• Funeral expenses
• Loss of consortium (loss of affection/companionship) for surviving spouse and children
• Loss of inheritance
• Loss of earning capacity and financial support
• Exemplary damages (sometimes referred to as punitive damages)

Who Can Sue For Wrongful Death In Texas?

Bereaved families in Houston and all over Texas may file a wrongful death lawsuit as individuals or as a group. Parties who are eligible to file a claim include:

• Surviving spouse
• Surviving minor and adult children, including adopted children
• Surviving parents, including parents of adopted children
• Executor of the estate (unless family members specifically refuse); these claims may not be characterized as wrongful death, but as survivorship claims.

In Texas, compensation awarded in wrongful death claims is divided up between the surviving family members. The court or jury determines who gets what. A wrongful death case can (and should) be filed even if criminal charges are also underway related to the death.

How Much Does It Cost To Hire A Wrongful Death Attorney In Houston?        

If you hire the Houston wrongful death attorneys of Johnson Garcia LLP to represent you, there is no upfront cost. We work on a contingency basis—that means you pay nothing unless we successfully recover money on your behalf. This allows you to pursue your claim without worrying about coming up with thousands of dollars.

Contact us now for a free case evaluation.

Has Your Family Experienced A Wrongful Death?

When the unthinkable occurs to a loved one or family member, the impact can be devastating. Your grieving and emotional recovery come first, and we understand that seeking legal representation may be the last thing you feel like doing.

But if you feel your loved one’s death was caused by another person’s negligent or wrongful actions, fighting for justice can be part of the healing process.

The wrongful death attorneys at our Houston law firm have more than 30+ years of combined experience helping families get justice after the wrongful death of a loved one. We’re compassionate in the office but tough in the courtroom. Contact us for a free consultation. We’ll help you understand whether you have a case and explain how we’ll fight on your behalf.

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SOURCE: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm