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The loss of a loved one is an unimaginable hardship, and when that loss is caused by someone else’s negligence or wrongful actions, the emotional toll can be devastating. Families in La Porte may face overwhelming grief, financial struggles, and complicated legal uncertainties as they seek accountability for the actions that caused their loss.
At Johnson Garcia, we understand these challenges and are here to provide compassionate legal representation. For over 35 years, our Houston-based team has been helping families navigate wrongful death claims and fight for the justice they deserve.
A wrongful death claim is a civil lawsuit filed when someone’s death is caused by the wrongful actions, negligence, or recklessness of another party. These claims are governed by the Texas Wrongful Death Act, which allows specific family members to seek compensation for their loss.
Eligible family members include spouses, children, and parents of the deceased. While no legal action can ever replace a loved one, a wrongful death claim aims to ease the financial burden left behind and hold responsible parties accountable for their actions.
La Porte’s economic landscape and proximity to industrial hubs like the Port of Houston make it a unique environment where certain types of accidents are more prevalent. Below are some of the common causes of wrongful deaths in the area.
La Porte is home to numerous industrial and chemical facilities, and workplace accidents are a leading cause of wrongful deaths. Explosions, toxic exposure, falls, and equipment failures are common hazards. Employers are obligated to provide safe working conditions, but when they fail to do so, they may be held liable for fatal workplace incidents.
Given La Porte’s location near the Gulf Coast and the Port of Houston, maritime accidents are another common cause of wrongful death. Fatalities often result from vessel collisions, unsafe working conditions on ships, or inadequate safety protocols. Maritime wrongful death cases can involve complex laws like the Jones Act, requiring the expertise of an experienced attorney.
Fatal motor vehicle accidents frequently occur on highways and major roads near La Porte. Distracted driving, speeding, impaired driving, and poorly maintained roads are common factors in these crashes. Multi-vehicle accidents and incidents involving commercial trucks often lead to catastrophic outcomes, making wrongful death claims essential for grieving families.
Healthcare providers have a duty to meet specific standards of care. When that duty is breached — through misdiagnosis, surgical errors, or medication mistakes — it can lead to preventable fatalities. Wrongful death claims in medical malpractice cases aim to hold healthcare professionals accountable for their actions.
Unsafe conditions on private or commercial properties can lead to fatal injuries. Whether it’s a slip and fall, structural collapse, or drowning in a poorly maintained swimming pool, property owners have a legal obligation to ensure their premises are safe for visitors. Failure to do so may result in a wrongful death claim.
Defective machinery, consumer goods, or safety equipment can lead to fatal accidents. Manufacturers, distributors, and retailers may be held accountable for providing products that fail to meet safety standards. Proving liability in product defect cases often requires detailed investigations and expert testimony.
Filing a wrongful death claim can feel overwhelming, especially during a period of grief. At Johnson Garcia, we guide families in La Porte through every step of the process, ensuring their legal rights are protected.
The first step is to schedule a consultation with an experienced wrongful death attorney. During this meeting, we review the circumstances of your loved one’s death, identify potential defendants, and discuss the types of damages you may be entitled to pursue. This initial conversation provides clarity and direction as you move forward.
A thorough investigation is critical to building a strong case. Our team collects evidence such as medical records, accident reports, and witness statements. We may also consult experts — such as accident reconstruction specialists, medical professionals, or safety engineers — to provide detailed analyses and strengthen the claim. Every detail is scrutinized to establish liability and determine the full scope of damages.
Once the evidence is gathered, we file a formal wrongful death claim on your behalf. This legal document outlines the defendants’ negligence or wrongful actions, the damages sought, and the impact of the loss on surviving family members. Filing the claim initiates the legal process and serves as the foundation for negotiations or litigation.
Many wrongful death claims are resolved through settlement negotiations. Our attorneys handle all communications with the opposing parties, working to secure compensation that reflects the full extent of your losses. This process often involves presenting evidence, countering low settlement offers, and advocating for a resolution that meets your family’s needs.
If a fair settlement cannot be reached, we are prepared to take your case to court. Litigation involves presenting your case before a judge or jury, using evidence and expert testimony to argue for accountability and compensation. Our experienced litigators are dedicated to advocating for your family throughout this process.
The purpose of a wrongful death claim is to address the financial and emotional losses suffered by the deceased’s family. Compensation typically falls into three categories: economic damages, non-economic damages, and punitive damages.
Economic damages cover quantifiable financial losses, such as medical expenses incurred prior to death, funeral and burial costs, and lost income. These damages may also include the value of household services the deceased would have provided, such as childcare or home maintenance.
Non-economic damages focus on the emotional impact of the loss. They include compensation for mental anguish, loss of companionship, and the void left by the deceased’s absence. These damages are more subjective but no less significant.
In cases of gross negligence or intentional harm, punitive damages may be awarded. These damages are not designed to compensate the family but to punish the wrongdoer and deter similar behavior in the future.
Navigating a wrongful death claim can be overwhelming, especially during a time of grief. While seeking justice for your loved one, it’s important to avoid common mistakes that can jeopardize your case or limit the compensation your family may receive. Below are some of the key pitfalls to avoid when pursuing a wrongful death claim.
One of the most critical mistakes is delaying the filing of your claim. Texas law imposes a strict two-year statute of limitations for wrongful death cases. If you miss this deadline, you may lose your right to pursue compensation entirely. Additionally, evidence such as witness statements, accident reports, or physical evidence may become harder to obtain as time passes. Acting promptly not only preserves your legal rights but also strengthens your case by ensuring critical evidence is collected while still fresh.
Wrongful death cases are complex and require a deep understanding of state laws, procedural rules, and evidence collection. Attempting to handle a claim without legal representation can lead to costly errors, such as undervaluing your damages or failing to identify all responsible parties. An experienced wrongful death attorney provides guidance, manages the legal process, and advocates for the full compensation you deserve.
Insurance companies often prioritize their bottom line over your well-being. Adjusters may pressure you into providing recorded statements or accepting low settlement offers. Anything you say to an insurance representative can be used against you to minimize your claim. Avoid engaging directly with insurance companies without first consulting your attorney, who can handle negotiations on your behalf.
Evidence is the cornerstone of any wrongful death claim. Families sometimes unintentionally lose or overlook critical evidence, such as medical records, accident reports, or photographs of the incident scene. It’s essential to document everything related to the case, including communications with relevant parties. Your attorney can help organize and preserve this evidence to build a strong case.
Accepting an early settlement offer without fully understanding the long-term financial and emotional impacts of your loss can leave you significantly undercompensated. Early offers are often made to quickly close the case, but they may not account for future damages, such as ongoing financial needs or emotional suffering. Work with your attorney to calculate the full extent of your losses before considering any settlement.
Wrongful death cases can involve multiple responsible parties. For example, in a workplace accident, liability may extend beyond the employer to include equipment manufacturers or contractors. Failing to identify all liable parties can limit the compensation your family receives. An experienced attorney will investigate all potential sources of liability to ensure your claim is comprehensive.
Sharing information about your case or your emotional state on social media can be detrimental. Opposing parties and insurance companies may use your posts to undermine your claim, misinterpret your words, or suggest that you are not as affected by the loss as you claim. It’s best to refrain from posting about the case or your personal life until it is resolved.
Families often underestimate the value of their claim, focusing only on immediate expenses like medical bills and funeral costs. However, wrongful death claims can also include compensation for lost future income, emotional suffering, and loss of companionship. Failing to account for these damages can result in a settlement that falls short of meeting your family’s long-term needs.
Avoiding these mistakes can make a significant difference in the outcome of your wrongful death claim. At Johnson Garcia, our experienced attorneys are here to guide you through the process, ensuring that your rights are protected and your case is handled with the care it deserves.
At Johnson Garcia, we recognize the profound challenges families face when dealing with the loss of a loved one. The emotional weight, coupled with the complexities of pursuing legal action, requires a legal team that is both empathetic and highly skilled. Here’s why families in La Porte and across Texas trust us to handle their wrongful death claims:
We approach every case with empathy and respect, taking the time to understand your unique situation and needs. Our attorneys prioritize open communication, keeping you informed at every stage of the legal process. We recognize that every family’s story is different, and we tailor our strategies to reflect your specific goals and circumstances. You’ll never feel like just another case — your family’s future and your loved one’s memory are always our priority.
With over 35 years of experience, our Houston-based team has successfully handled a wide range of wrongful death cases, including those involving industrial accidents, medical malpractice, and catastrophic motor vehicle collisions. We bring a deep understanding of Texas law, procedural rules, and the challenges involved in proving liability. Our experience allows us to anticipate obstacles and develop strategies to overcome them, giving you confidence in our ability to handle even the most complex cases.
We are unwavering in our dedication to holding negligent parties accountable. Whether through skillful negotiation or aggressive courtroom advocacy, we are prepared to fight for the compensation you deserve. Our attorneys are seasoned negotiators who work tirelessly to secure fair settlements. When settlement negotiations fail to reflect the true value of your claim, we are ready to take your case to trial and present a compelling argument to a judge or jury.
Pursuing justice should never come at the expense of your financial stability. That’s why we operate on a contingency fee basis — meaning you pay nothing upfront and only owe attorney fees if we recover compensation for your family. This structure allows you to focus on healing and rebuilding, knowing that your case is in capable hands without adding financial strain.
Based in Houston, Johnson Garcia serves families throughout Texas, including La Porte and its surrounding areas. We understand the unique challenges faced by communities in industrial and coastal regions, and we bring a deep knowledge of local industries, laws, and conditions to every case we handle.
If you have lost a loved one in La Porte due to someone else’s negligence or wrongful actions, the wrongful death lawyers at Johnson Garcia are here to help. Call us today at 832-844-6700 or reach out online to schedule a free consultation. Let us handle the legal complexities while you focus on healing. Together, we can fight for the justice and the closure your family deserves.
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