24/7 Support. Pay Nothing Until We Win!
Losing a loved one is a heartbreaking experience, and when that loss is caused by another party’s negligence or wrongful actions, it becomes even more devastating. Families in Pearland often face immense emotional and financial challenges as they navigate the aftermath of a preventable death.
At Johnson Garcia, we understand these struggles and are here to provide compassionate, client-focused legal representation. With over 35 years of experience, our Houston-based team is committed to helping families in Pearland seek accountability and pursue the justice and compensation they deserve.
A wrongful death claim is a civil lawsuit brought when someone’s death results from another party’s negligence, recklessness, or intentional acts. These claims are governed by the Texas Wrongful Death Act, which allows specific family members to seek financial compensation and hold responsible parties accountable.
Eligible family members under Texas law include the deceased’s spouse, children, and parents. Additionally, the executor or administrator of the deceased’s estate may pursue related claims, such as survival actions, which address the damages the deceased experienced prior to their passing.
While no legal action can replace a loved one, a wrongful death claim can provide families with financial relief and a sense of justice as they begin the process of healing and rebuilding their lives.
Texas law specifies who has the legal right to file a wrongful death claim. Spouses, biological or adopted children, and the deceased’s parents may bring a claim individually or jointly. If these eligible parties do not take action within three months of the deceased’s passing, the executor or administrator of the estate may file a claim on behalf of the family, provided there are no objections from the eligible family members.
Extended family members, such as siblings, grandparents, or other relatives, cannot file a wrongful death claim under Texas law, regardless of their relationship with the deceased. Consulting an experienced wrongful death attorney is essential to ensure the correct parties file the claim and the legal process proceeds without unnecessary delays.
Pearland’s rapid growth, proximity to major highways, and industrial connections contribute to various risks of preventable deaths. Understanding the common causes of wrongful death in the area helps families determine whether legal action may be appropriate.
Pearland’s location along busy roadways, including State Highway 288 and Beltway 8, sees heavy commuter traffic and frequent accidents. Fatal crashes often result from distracted driving, speeding, impaired driving, or poorly maintained roads. When negligence leads to a fatal accident, surviving family members may have grounds for a wrongful death claim.
With industries ranging from construction to manufacturing and logistics, workplace accidents are a significant concern in Pearland. Fatal incidents often involve falls, machinery accidents, or exposure to hazardous substances. Employers are required to maintain safe working environments, and failure to do so can result in liability for wrongful deaths.
Medical errors, such as misdiagnosis, surgical mistakes, or improper treatment, can lead to preventable fatalities. In such cases, families may file wrongful death claims against negligent healthcare providers or facilities. These cases require thorough investigation and expert testimony to demonstrate how the provider failed to meet the standard of care.
Fatal injuries on unsafe properties are another common cause of wrongful death in Pearland. Examples include drowning in unguarded pools, falls due to unsafe structures, or injuries caused by inadequate security measures. Property owners are legally obligated to maintain safe conditions, and their failure to do so may result in liability.
When a defective product causes a fatality, the manufacturer, distributor, or retailer may be held accountable. Common scenarios involve faulty machinery, unsafe consumer products, or inadequate product warnings. Proving liability in product defect cases often requires technical expertise and comprehensive investigations.
Filing a wrongful death claim is not just about compensation — it’s about seeking accountability and ensuring that similar tragedies do not occur in the future. By holding negligent parties responsible, families send a powerful message that preventable deaths cannot be ignored.
A wrongful death claim also alleviates the financial burden placed on surviving family members. Compensation can help cover medical bills, funeral costs, and the loss of future income, providing the resources needed to rebuild after a devastating loss.
At Johnson Garcia, we guide families through every step of the legal process, ensuring their rights are protected and their case is handled with care. While each case is unique, the process generally involves the following stages:
The process begins with an in-depth consultation where our attorneys listen to your story, evaluate your case, and provide guidance on the best path forward. This conversation is an opportunity to ask questions, understand your legal options, and determine whether a wrongful death claim is appropriate.
A thorough investigation is critical to building a strong case. Our legal team gathers all relevant evidence, including medical records, accident reports, witness statements, and any available video footage. We may consult with experts, such as forensic specialists, engineers, or medical professionals, to analyze the facts and establish liability.
Once the investigation is complete, we prepare and file a formal wrongful death claim. This document outlines the negligent actions of the responsible party, the damages sought, and the impact of the loss on surviving family members. Filing the claim initiates the legal process and signals your intent to pursue justice.
Many wrongful death claims are resolved through negotiations with the defendant’s insurance company or legal representatives. Our attorneys are skilled negotiators who advocate for fair compensation that reflects the full extent of your losses. We handle all communication with opposing parties, allowing you to focus on healing.
If a fair settlement cannot be reached, our team is prepared to take your case to trial. Litigation involves presenting evidence, expert testimony, and arguments before a judge or jury. We are dedicated to fighting for your family’s rights and securing the compensation you deserve.
Compensation in wrongful death cases seeks to address the financial and emotional impacts of the loss. Damages are typically categorized into economic, non-economic, and, in certain cases, punitive damages.
Economic damages cover measurable financial losses, such as medical expenses, funeral and burial costs, and the loss of the deceased’s income and benefits. These damages may also include compensation for household services the deceased provided, such as childcare or home maintenance.
Non-economic damages address the intangible effects of the loss, including emotional suffering, loss of companionship, and the absence of the deceased’s guidance and support. These damages recognize the profound impact a wrongful death has on surviving family members.
In cases involving gross negligence or intentional misconduct, punitive damages may be awarded. These damages are not compensatory but are designed to punish the wrongdoer and deter similar actions in the future.
Filing a wrongful death case involves thorough preparation and careful attention to legal requirements. While every case is unique, certain elements are essential to building a strong claim. These include proving eligibility to file, establishing negligence or wrongful conduct, documenting the damages caused by the death, and meeting the statutory deadlines.
Texas law specifies that only certain individuals can file a wrongful death claim. These include the deceased’s spouse, children, and parents. If eligible family members do not file a claim within three months of the death, the executor or administrator of the deceased’s estate may step in to act on behalf of the family, provided there are no objections from the eligible parties. Establishing eligibility is a critical first step to ensure the case proceeds appropriately.
A wrongful death claim must demonstrate that the death resulted from the negligence, recklessness, or intentional actions of another party. Building this evidence often involves collecting accident reports that detail the circumstances of the incident. Medical records can provide key insights into the deceased’s injuries, treatment history, and the cause of death.
Eyewitness testimonies may also be used to support the claim, as they can provide firsthand accounts of the events leading to the fatality. Additionally, expert analysis — such as accident reconstruction, medical evaluations, or engineering assessments — may be necessary to substantiate the claim and establish liability.
Quantifying the losses suffered due to the death is a critical component of a wrongful death case. Economic damages, such as medical expenses incurred before the death, funeral and burial costs, and the financial contributions the deceased would have made, must be carefully documented.
The claim should also address non-economic damages, such as the emotional suffering, loss of companionship, and mental anguish experienced by surviving family members. In cases of gross negligence or intentional misconduct, punitive damages may be included to hold the wrongdoer accountable and deter similar actions in the future.
To support the claim, the relationship between the filer and the deceased must be clearly established. A spouse may provide a marriage certificate, while children or parents may present birth certificates or adoption records. This documentation is essential for demonstrating the filer’s legal right to pursue a wrongful death claim under Texas law.
Timeliness is a crucial factor in wrongful death cases. In Texas, the law imposes a two-year statute of limitations for filing a claim. Acting promptly is essential, as delays can lead to the loss of evidence or missed deadlines, which may prevent the case from moving forward.
At Johnson Garcia, we have a proven track record of helping families in Pearland and across Texas during their most challenging times. Our compassionate and experienced attorneys provide personalized guidance and unwavering advocacy, ensuring every case is handled with care and dedication.
With over 35 years of experience, we have successfully handled complex wrongful death cases involving industrial accidents, medical malpractice, and catastrophic vehicle crashes. Our team understands the unique challenges families face and is committed to pursuing justice on your behalf.
Also keep in mind that we operate on a contingency fee basis, meaning you pay nothing upfront. Our fees are only collected if we recover compensation for your family, allowing you to focus on healing without financial strain.
If you have lost a loved one in Pearland due to someone else’s negligence or wrongful actions, you don’t have to navigate this overwhelming journey on your own. At Johnson Garcia, we understand the pain and uncertainty you are facing, and we are here to stand by your side every step of the way. Our experienced wrongful death lawyers are dedicated to providing compassionate guidance and relentless advocacy to help you seek accountability and fair compensation.
Your family’s future and your loved one’s memory matter. By taking legal action, you can hold the responsible parties accountable and help ensure that similar tragedies are prevented. Don’t wait to take the first step — time is of the essence in wrongful death cases, and acting quickly can make all the difference.
Call Johnson Garcia today at 832-844-6700 or reach out to us online to schedule a free, no-obligation consultation. Let us handle the complexities of your case while you focus on healing. Together, we will fight to secure justice for your loved one and provide your family with the resources to rebuild.
START YOUR JOURNEY TOWARDS JUSTICE
START YOUR JOURNEY TOWARDS JUSTICE
© 2024 Johnson Garcia LLP. All Rights Reserved. | Privacy Policy
CALL NOW
