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Types of Wrongful Death

Losing a loved one is an indescribable pain, especially when it’s due to someone’s carelessness.

 In Houston, where wrongful death incidents are all too frequent, understanding the layers of negligence in these cases is key to seeking rightful justice and closure. Wrongful death incidents in Houston often occur due to car accidents, unsafe workplaces, and medical errors. With Johnson Garcia’s support, families can pursue not only justice but also the compensation they rightfully deserve to heal and move forward.

Given Texas’ two-year statute of limitations for wrongful death claims, timely advice from our attorneys is crucial to protect your rights and guide you through the legal process.

In the face of such tragedies, the Houston wrongful death lawyers at Johnson Garcia stand ready to help families hold responsible parties accountable. Here, we’ll go over some of the most common types of wrongful death claims families can file on behalf of a deceased loved one.

Types of Wrongful Death

Call us today at 832-844-6700 for a free case evaluation with an experienced Houston work injury lawyer.

Vehicle Accidents

Wrongful death claims due to motorcycle and automobile accidents are among the top reasons for legal action in Houston. In 2022, a staggering 4,481 individuals lost their lives on Texas roads alone. The impact of such a loss can be devastating for surviving family members, who may require the assistance of an experienced motor vehicle accident lawyer to pursue compensation for their loved one’s untimely passing.

The majority of fatal accidents involve passenger vehicles and pickup trucks, with Texas witnessing a daily average of one fatality per day in automobile crashes last year. Many of these tragic incidents involve drivers under the influence of alcohol.

Other major causes of preventable automobile collisions may include:

  • Speeding
  • Drowsy or fatigued driving
  • Distracted driving, or
  • Reckless driving

Should any of these actions be attributed to the negligent driver leading up to the car accident, they could be held liable for the deaths of those involved.

If the accident resulted from road conditions, such as poorly maintained streets or adverse weather, the state could be held liable for the resulting damages.

18-Wheeler Incidents

Texas recorded 612 fatal collisions involving large trucks or 18-wheelers last year, with Harris County reporting the highest number of fatalities at 47. For over 35 years, our Houston commercial truck accident lawyers at Johnson Garcia have been dedicated to providing legal representation in such cases.

Motorcycle Crashes

Motorcycle accidents alone accounted for 315 fatalities in Texas last year. Given the vulnerability of motorcyclists on the road, these accidents often result in severe injuries and fatalities.

Time is of the essence in preserving critical evidence, including dash cam footage, black box data, and on-scene evidence, while seeking accountability against the negligent driver responsible. A knowledgeable car accident attorney, well-versed in these types of cases, will offer and provide invaluable support during this challenging period.

Our Houston wrongful death lawyers at Johnson Garcia are committed to guiding you through the intricate legal processes to pursue restitution for damages caused by another’s recklessness or negligence.

Pedestrian Accidents

Pedestrian accidents are a significant cause of wrongful death in Houston. In 2022 alone, there were 5,751 pedestrian accidents resulting in 828 fatalities. These accidents often occur due to drivers failing to yield, distracted driving, or speeding.

Navigating the aftermath of a pedestrian accident can be overwhelming for families. Our team at Johnson Garcia is here to provide compassionate support and legal guidance during this difficult time. We work tirelessly to hold negligent parties accountable and secure compensation for the losses suffered by the victim’s family.

Bicycle Accidents

Bicycle accidents are a significant cause of wrongful death in Houston. In total, there were 2,347 bicycle accidents reported, resulting in 91 fatalities. These accidents often occur due to factors such as distracted driving, failure to yield, or inadequate infrastructure for cyclists.

Proving negligence in a bicycle accident can be complex. Unlike motor vehicle accidents, where liability may be more straightforward, bicycle accidents may involve multiple factors such as road conditions, visibility, and actions of both cyclists and drivers. Our experienced team at Johnson Garcia understands the intricacies of bicycle accident cases and works diligently to gather evidence and build a strong case on behalf of our clients.

Premises Liability Accidents

A premise liability accident refers to a situation where a person is injured or harmed while on someone else’s property due to the property owner’s negligence or failure to maintain safe conditions. This type of accident can occur in various settings, including stores, restaurants, private residences, parking lots, sidewalks, and other public places.

Examples of premise liability accidents include slip and fall incidents, trips over obstacles, injuries caused by poorly maintained facilities or structures, and incidents involving inadequate security measures leading to harm. In such cases, the property owner or manager may be held legally responsible for the injuries sustained by the victim.

In Houston, what makes these cases complex is the need to establish the property owner’s negligence and liability. For instance, determining whether the property owner failed to address known hazards or provide adequate warnings to visitors can require thorough investigation and legal expertise.

At Johnson Garcia, we take proactive steps to unravel these complexities. We conduct detailed investigations into the circumstances surrounding the accident, meticulously gathering evidence such as surveillance footage, witness statements, and property maintenance records. Our attorneys analyze these findings to construct a compelling narrative that showcases the property owner’s negligence and liability so you can focus on recovery and healing.

Medical Malpractice

Medical malpractice cases typically involve patients suffering harm due to the actions or negligence of healthcare providers, leading the patient or their family to seek compensation for the resulting damages. These damages may include medical expenses, lost wages, pain and suffering, and other related losses.

Proving medical malpractice requires demonstrating that the healthcare provider breached the standard of care owed to the patient and that this breach directly caused the patient’s injuries or harm. Medical malpractice cases can be complex and often require expert testimony from medical professionals to establish the standard of care and demonstrate how it was breached.

In recent years, changes to the law regarding claims against medical providers in Texas, including caps on damages, have made it increasingly challenging for Texas families to secure legal representation for medical malpractice cases.

Patients who believe they have been harmed due to medical malpractice should consult with an experienced medical malpractice attorney to assess their case and explore their legal options.

Accidental Poisoning and Overdoses

Accidental poisoning and overdoses occur when individuals unintentionally ingest harmful substances or medications in excessive amounts, often leading to serious harm or even death. These incidents can happen due to various reasons, such as medication errors, mixing drugs with alcohol, or improper storage of household chemicals.

In terms of wrongful death, accidents, accidental poisoning, and overdoses can tragically result in fatalities. If such incidents occur due to someone else’s negligence, like a medication mistake by a healthcare provider or inadequate labeling of hazardous substances, it may give rise to a wrongful death claim. In such cases, family members or representatives of the deceased may seek legal recourse to obtain compensation for their loss.

Proving liability in accidental poisoning and overdose cases can be challenging. At Johnson Garcia, our wrongful death legal team will put together a robust case that can demonstrate how the responsible party failed in their duty of care, ultimately resulting in fatal ingestion.

We will also conduct a thorough investigation and collect witness testimonies to establish causation and damages. This is essential to secure compensation for the surviving family members, including covering medical bills, funeral expenses, lost income, and emotional suffering.

Drowning or Boating Accidents

In Houston, like many other coastal cities, drowning and boating accidents can unfortunately lead to wrongful death, leaving families devastated by the loss of their loved ones. Whether it’s a leisurely day on the water or a recreational boating excursion, the risks associated with water-related activities can lead to fatal outcomes.

When someone dies in a drowning or boating accident due to the negligence or wrongful actions of another party, it may constitute a wrongful death. Examples of wrongful actions include:

  • Operating a boat while intoxicated
  • Failing to provide life jackets or other safety equipment
  • Ignoring weather warnings or boating regulations
  • Neglecting to properly supervise swimmers or passengers

At Johnson Garcia, we understand the devastating impact of losing a loved one in such tragic circumstances. Our compassionate legal team is dedicated to helping families navigate the legal complexities of wrongful death claims arising from drowning or boating accidents. We are committed to seeking justice and holding accountable those responsible for the loss of life.

Workplace Accidents and Illnesses

Workplace safety is a critical concern in Houston, especially considering the alarming number of wrongful deaths resulting from workplace accidents. Fatalities can occur in diverse work environments, including offices, worksites, classrooms, or even off the clock. Employers may be held accountable for wrongful deaths if their actions or negligence contribute to dangerous situations for employees.

For instance, excessive overtime without proper rest can lead to exhaustion-related accidents, such as car wrecks during the commute home. In such cases, employers may be deemed liable for the employee’s wrongful death.

Industrial or construction work environments can be particularly hazardous or risky work environments. In 2020 alone, Texas witnessed 469 fatalities within industrial or construction environments, highlighting the urgent need for improved safety measures.

Construction Accidents

Construction sites pose significant risks to workers, with Texas recording the highest rate of construction worker deaths in the nation in 2020, according to the CDC. Houston, in particular, sees a high frequency of construction accidents. Our experienced construction accident lawyers in Houston have successfully handled numerous wrongful death cases arising from construction site incidents.

Deadly Products

Tragically, many deaths result from the use of dangerous products, often contributing to workplace or construction accidents or motor vehicle crashes. Identifying potential parties in wrongful death lawsuits requires thorough investigation and legal expertise.

At Johnson Garcia, we understand the complexities of workplace accidents and strive to advocate for injured workers and their families. Our legal team is dedicated to seeking justice and holding employers accountable in the case of a wrongful death that arises from a workplace-related accident.

Defective Products

Defective products pose a significant risk to consumers and can tragically result in wrongful death. When a product fails to meet safety standards or contains design flaws or manufacturing defects, the consequences can be devastating for individuals and their families.

In wrongful death cases, defective products can include:

  • Faulty automobile parts leading to fatal accidents
  • Defective medical devices causing complications or fatalities
  • Contaminated food or beverages resulting in illness or death
  • Unsafe children’s toys or childcare products causing fatal injuries
  • Dangerous pharmaceutical drugs leading to adverse reactions or fatalities

Federal and state laws are designed to protect consumers from defective products. Having an experienced Houston wrongful death lawyer on your side means navigating these complex legal frameworks with confidence. Our legal team will meticulously investigate the circumstances surrounding the defective product, identify liable parties, and advocate tirelessly for justice on behalf of you and your loved ones. With our expertise and dedication, we strive to secure the compensation and accountability you deserve in the aftermath of a tragic loss.

How Can the Wrongful Death Lawyers at Johnson Garcia Help?

In the face of wrongful death cases in Houston, understanding the nuances and legal strategies is essential for seeking justice and compensation. Our dedicated Houston wrongful death lawyers possess the experience and knowledge to tackle these diverse cases.

Whether it’s collecting dashcam footage and black box data after a tragic vehicle accident, navigating the complexities of medical malpractice claims, or piecing together evidence in cases of industrial accidents, we meticulously gather and analyze evidence to build a strong case. Our approach is thorough and tailored to effectively advocate for our clients across a spectrum of wrongful death scenarios — from proving negligence in pedestrian accidents to challenging large corporations in defective product cases.

At Johnson Garcia, we’re not just legal representatives — we’re compassionate advocates dedicated to guiding our clients through their darkest hours. We negotiate diligently with insurance companies and, if necessary, litigate to uphold justice. Our commitment is to not only secure the compensation our clients deserve but also to provide the support and understanding they need during this challenging time.

Reach out to us today by phone at 832-844-6700 or online for a free consultation.

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