HAVE YOU LOST A LOVED ONE?
The death of a loved one can turn your world upside down. Losing a spouse, parent, child, or other family member is even more difficult when it happens because of someone else’s recklessness or negligence. If you’re here because you’ve lost a loved one, we’re deeply sorry for your loss.
Dealing with a loved one’s death is even harder when you’re worried about how to pay for funeral expenses, medical costs, and next month’s bills. If you’ve lost someone you love due to the negligence of someone else, it’s imperative to consult with an experienced attorney who can explain your rights. You may be entitled to a wrongful death award, which could help you recover financially so you can focus on emotional healing.
The Houston wrongful death attorneys at Johnson Garcia LLP have the experience to handle your wrongful death claim with care. We’ll work hard to ensure you get the financial support and pain and suffering compensation your family deserves.
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.1 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 if your situation meets the requirements to pursue a wrongful death claim in Texas. We’ve earned a reputation as one of the most trusted law firms in the state. 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—call us today for your free consultation.
WHAT TYPES OF ACCIDENTS ARE CAUSE FOR A WRONGFUL DEATH CLAIM?
Some examples of situations where you may be able to pursue a wrongful death claim include:
- 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 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 may be able to bring a wrongful death claim for medical malpractice related to:
- 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 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?
If you hire 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 attorneys at our law firm have more than 25 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.
JOHNSON GARCIA LLP CAN HELP YOU GET JUSTICE
When the unthinkable happens to a loved one or family member, the impact can be devastating. The last thing you need to worry about is how to pay for funeral expenses, medical bills, and living costs. If your loved one died due to someone else’s negligence, a wrongful death suit can help you recover these costs and damages for your pain and suffering. A just award can also help you secure your kids’ financial future.
We’ve seen too many tragic cases where families have been left to pick up the pieces without compensation after losing a loved one in a catastrophic workplace accident, auto accident, construction site collapse, explosion, fire, or other event. No amount of money can replace your loved one, but it can help bring peace of mind and a sense of justice.
Hiring the right wrongful death attorney is critical. When you entrust us with your case, we’ll help guide you through the legal process during your most challenging time. Our attorneys are compassionate and caring—but tough in the courtroom. We fight for our clients. It’s how we’ve earned a reputation as a trusted wrongful death law firm in Texas. When you’re ready, the attorneys at Johnson Garcia LLP are ready to help you understand your rights and pursue justice.
WE WILL FIGHT FOR YOU
If you’ve lost a loved one in a wrongful death accident you need an attorney with the experience and wisdom to advise you on the best course of action for your family, based on the specifics of your case and the underlying facts. Sometimes accepting an early settlement is the best option. Other times it’s a more involved fight to hold the responsible parties accountable—you need legal counsel to help decide which course is most appropriate.
The attorneys at Johnson Garcia LLP know how to effectively deal with insurance companies, employers, government entities, and other parties often involved in wrongful death claims. We’ll help you pursue the best course of justice, even if it means telling your story to a jury and asking them to hold the responsible parties accountable.
KEEP MORE OF YOUR DAMAGES
Losing a working member of your household can be devastating to your family’s financial future. We understand how difficult it can be to pay for funeral expenses, medical costs, and household expenses, let alone legal fees. That’s why we offer a flexible fee arrangement for the most serious claims.
If your case fits this profile, you’ll pay nothing toward your case unless we recover money damages on your behalf. It’s part of our “no recovery, no pay” promise. We’re paid based on a percentage of the damages we recover from the responsible party.
Contact our law firm for a free case evaluation at (832) 844-6700.
Frequently Asked Questions
*Our FAQs are intended solely for informational purposes and should not be relied or construed upon as legal advice. Each case presents different facts that must be evaluated independently under law.
My spouse died from an accident at work. I'm not sure if anyone was at fault, but I'd like to know. How can I find out?
Call Johnson Garcia LLP now. We can initiate an investigation into the accident to determine whether there are valid legal claims. The attorneys at Johnson Garcia LLP have investigated some of the world’s largest disasters and are not intimidated by large corporations. Our skilled attorneys know how to uncover the facts and hold responsible parties liable for their actions. We’re committed to getting justice for our clients.
How long do I have to bring a legal claim after the death of a loved one?
In Texas, the statute of limitations is two years. But each state has its own rules about how long you have to file a claim. If you don’t file a claim within the required time frame, you may lose the right to recover damages and hold the responsible party accountable forever. That’s why it’s critical to act as soon as possible after the wrongful death of your loved one. Call us now for a free consultation.
I think my spouse's employer had workman's comp. Can I bring a lawsuit to hold the responsible party accountable for the death?
It depends on the type of work your loved one performed. Under certain compensation statutes, such as the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), you may not be able to bring legal action against the employer. However, you still may be able to pursue legal action against other responsible parties. No matter what your situation, we will help you find answers. Call Johnson Garcia LLP now for a free case evaluation.