Losing a loved one is a devastating experience, but when their death is caused by someone else’s negligence, recklessness, or intentional actions, the pain is often compounded by feelings of anger and injustice. Wrongful death claims provide grieving families an opportunity to hold the responsible parties accountable and recover compensation for their immense loss.
At Kherkher Garcia, our compassionate Houston wrongful death attorneys are dedicated to helping families navigate this challenging time with skill, sensitivity, and determination. Read below to learn more about how we help families recover and fight for justice after a tragic loss.
What Is a Wrongful Death Claim?
A wrongful death claim arises when an individual’s death is caused by the wrongful act, negligence, or omission of another person or entity. This type of civil lawsuit seeks to provide financial relief to the deceased’s surviving family members and deter similar actions in the future.
Under Texas law, wrongful death claims may arise from a wide range of incidents, including:
- Car accidents caused by negligent or reckless drivers.
- Medical malpractice, such as misdiagnosis, surgical errors, or medication mistakes.
- Workplace accidents, including construction site injuries and industrial explosions.
- Defective products, such as unsafe vehicles, appliances, or medical devices.
- Premises liability cases, including fatal slip-and-fall accidents and drowning incidents.
- Acts of violence, such as assault or manslaughter.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law limits who can file a wrongful death claim. The following parties are eligible to bring a lawsuit:
- Spouse: A surviving spouse may file a claim, regardless of whether the couple was legally married or in a common-law marriage.
- Children: Biological and legally adopted children of the deceased may bring a wrongful death claim.
- Parents: Biological and adoptive parents of the deceased are also eligible to file.
Siblings, grandparents, and other extended family members are not permitted to file a wrongful death claim under Texas law. If none of the eligible parties file a claim within three months of the death, the executor or administrator of the deceased’s estate may file on behalf of the family, unless the family specifically requests otherwise.
What Damages Can Be Recovered in a Wrongful Death Case?
The purpose of a wrongful death lawsuit is to compensate the surviving family members for their losses. Damages typically fall into two categories:
Economic Damages:
- Funeral and burial expenses.
- Loss of financial support the deceased would have provided.
- Loss of inheritance resulting from the untimely death.
- Medical expenses incurred before the death.
Non-Economic Damages:
- Mental anguish and emotional suffering.
- Loss of companionship, love, and comfort.
- Loss of guidance and nurturing for children.
- Pain and suffering endured by the deceased prior to death.
In cases involving gross negligence or willful misconduct, the court may also award punitive damages to punish the responsible party and deter similar behavior in the future.
Statute of Limitations for Wrongful Death Claims in Texas
In Texas, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the deceased’s death. There are, however, exceptions to this rule, such as:
- If the claimant is a minor, the statute of limitations may be extended.
- If the responsible party concealed their wrongdoing, the clock may not start until the misconduct is discovered.
- Certain government-related claims may have shorter deadlines.
Failing to file within the prescribed time frame can result in the loss of your right to seek compensation. Consulting with an experienced wrongful death attorney as soon as possible ensures that your claim is filed promptly and accurately.
How Our Houston Wrongful Death Attorneys Can Help
Navigating a wrongful death claim can be an emotionally and legally complex process. Here are some ways our skilled attorneys can assist:
- Comprehensive Investigation: We thoroughly investigate the circumstances of your loved one’s death, gathering crucial evidence such as accident reports, medical records, witness statements, and expert opinions to build a strong case.
- Determining Liability: Identifying the responsible party is critical to a successful wrongful death claim. This may include individuals, companies, manufacturers, or healthcare providers whose actions contributed to the fatal incident.
- Calculating Damages: Our attorneys work with financial and economic experts to accurately calculate the full extent of your losses, ensuring that you pursue fair compensation.
- Negotiating with Insurance Companies: Insurance companies often attempt to minimize payouts or deny claims altogether. We handle all communications and negotiations with insurers to protect your rights and interests.
- Litigation and Trial Representation: If a fair settlement cannot be reached, our attorneys are fully prepared to take your case to court and advocate aggressively on your behalf.
Common Challenges in Wrongful Death Cases
Wrongful death cases often involve significant emotional and legal challenges, including:
- Establishing Negligence: Proving that the responsible party’s actions directly caused the death can be difficult, particularly in cases involving complex medical or industrial circumstances.
- Calculating Future Losses: Accurately assessing future financial contributions and non-economic damages requires expert analysis and compelling evidence.
- Navigating Legal Procedures: Texas wrongful death laws are complex, and missteps in filing or presenting a claim can jeopardize your case.
Having an experienced wrongful death attorney by your side helps you overcome these challenges and focus on healing while we handle the legal complexities.
Why Choose Kherkher Garcia?
At Kherkher Garcia, we understand that no amount of money can replace the loss of a loved one. However, we firmly believe in holding wrongdoers accountable and helping families secure the financial support they need to move forward. Here are a few reasons why clients trust us:
- Experience and Expertise: With decades of combined experience handling wrongful death cases, our attorneys have the knowledge and skills to tackle even the most challenging claims.
- Compassionate Representation: We treat every client with the care and respect they deserve, providing personalized attention and tailored legal strategies.
- Proven Results: Our track record of successful settlements and verdicts demonstrates our commitment to achieving justice for our clients.
- No Fees Unless We Win: We operate on a contingency fee basis, meaning you pay nothing unless we secure compensation for you.
Some of the Wrongful Death Cases We have Won Include:
- $90 Million Settlement – For a family who lost a loved one in a trucking accident.
- $33 Million Settlement – For a family who lost a loved one in a trucking accident.
- $20 Million Settlement – For the family who lost multiple loved ones in a distracted driving accident.
- $15 Million Verdict – For a family who lost a loved one in a pedestrian collision.
- $11.1 Million Verdict – For the family who lost their father in a drunk driving accident.
- $10.1 Million Settlement – For the family of a young man killed in an oilfield accident.
- $6 Million Settlement – For a wife and child after the loss of the husband/father.
- $4.9 Million Settlement – For a family who lost a loved one in a tow truck accident.
These are just a few examples of the types of cases we handle, and the types of verdicts and settlements we obtain on behalf of our clients.
Contact Kherkher Garcia Today
If you have lost a loved one due to someone else’s negligence or wrongful actions, you don’t have to face this journey alone. Let Kherkher Garcia’s dedicated Houston wrongful death attorneys guide you through the legal process and fight for the justice your family deserves.
Call us today for a free consultation, or visit our website to learn more about how we can help. Together, we can hold the responsible parties accountable and honor your loved one’s memory. To get started, call us at 713-333-1030, or submit our online contact form.
Image by Freepik
