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Wrongful Death Attorneys at Kherkher Garcia

OUR PERSONAL INJURY ATTORNEYS REPRESENT VICTIMS OF CATASTROPHIC AND SERIOUS PERSONAL INJURY

The untimely loss of a loved one due to someone else’s negligence or a willful act can be utterly devastating for the surviving family members. In the aftermath of a sudden loss of a spouse, parent, child, or other family member, you have the right to expect answers, compensation, and justice.

The law allows the surviving family members to file a wrongful death claim against the party responsible for their loved one’s death. Even though a wrongful death claim cannot bring back a loved one, it can compensate for the expenses that result from their death.

At Kherkher Garcia, our Houston wrongful death lawyers fight to protect the rights of families who have lost a loved one due to another person’s or business’s acts or negligence. Our attorneys understand the importance of what you have lost. Our team does more than just try and settle wrongful death claims. We aim to provide compassionate support and bring a measure of peace and closure to those who are still here.

Contact us today to schedule a consultation with one of our skilled wrongful death attorneys to learn more about whether your family may have a viable wrongful death claim and how our firm can help you secure compensation and justice for your loved one.

What is a Wrongful Death Claim?

A wrongful death claim arises when a person’s death is caused by a wrongful act, carelessness, lack of skill, neglect, negligence, or default of another person or entity. Wrongful death claims can arise from accidents or incidents such as:

  • Motor vehicle accidents
  • Boating accidents
  • Medical malpractice
  • A defective product
  • Premises liability
  • Construction site accidents
  • Workplace accidents
  • Assault/battery or homicide

If you believe your loved one was killed due to the acts or omissions of another person or entity, contact the Houston wrongful death attorneys of Kherkher & Garcia today to speak with a member of our legal team to learn more about your legal rights and options.

Who is Eligible to File a Wrongful Death Claim in Texas?

Under Texas law, only certain persons are entitled to file a wrongful death claim. Although a wrongful death claim is brought to benefit all the eligible beneficiaries of a wrongful death claim, the claim can be brought by one or more of:

  • The decedent’s surviving spouse
  • The decedent’s surviving children
  • The decedent’s surviving parents

If none of the eligible surviving family members files a wrongful death suit within three months of the decedent’s death, then Texas law allows the executor or administrator of the decedent’s estate to file a wrongful death suit, unless expressly requested not to by the eligible surviving family members.

What Compensation Could Surviving Family Members Be Owed?

A wrongful death suit is divided into two types of claims for which a decedent’s surviving family members can recover compensation – a “wrongful death” claim and a “survival” claim.

A wrongful death claim compensates the eligible surviving family members of the decedent for their losses incurred as a result of their loved one’s death, such as:

  • Loss of consortium
  • Loss of the decedent’s love and companionship
  • Loss of the decedent’s care and guidance
  • Loss of the value of services the decedent provided to the household
  • Loss of the decedent’s expected contribution of income

Survival claim damages are meant to compensate the estate of the deceased individual for losses that he or she suffered at the time of his or her death. This compensation can include:

  • Medical expenses incurred to treat the decedent’s last illness or injury
  • Lost wages incurred between the onset of the decedent’s last illness/injury and his or her death (if any)
  • The decedent’s conscious pain and suffering endured prior to his or her death
  • The decedent’s funeral and burial costs

This compensation is paid to the decedent’s estate and is thereafter distributed according to estate laws.

Frequently Asked Questions about Wrongful Death Claims

What is the statute of limitations for a wrongful death claim?

Under Texas law, the statute of limitations for a wrongful death claim is two years from the date of the decedent’s death. The statute of limitations can be tolled under limited circumstances, such as if the only eligible plaintiff to bring a wrongful death claim is a minor or suffers from a physical or mental impairment, or if the negligence of the defendant(s) was not known at the time of the decedent’s death.

I’ve been offered a settlement by the insurance company. Should I accept it?

You should not accept a settlement from an insurance company without first speaking with an experienced wrongful death attorney. The first settlement offer from an insurance company is rarely full compensation for your losses or the maximum amount of compensation that the insurance company can offer. An experienced wrongful death attorney can evaluate the insurance company’s claim and advise you as to whether the offer represented fair and full compensation for your claim.

How long will it take to resolve a wrongful death claim?

The length of time that it can take to resolve a wrongful death will depend on multiple factors. If the defendant or defendants accept liability, it can take as little as a few months to settle the case if damages can be promptly established. If the defendant or defendants do not accept responsibility and/or contest the amount of damages you are seeking and it becomes necessary to file suit in court, it can take up to a few years to finally resolve your case at trial.

Why Choose Kherkher Garcia?

If you and your family have a wrongful death claim in Houston, you have many law firms to choose from to represent you and your family. When you choose Kherkher Garcia to help you in your family’s wrongful death claim, you will have a team of experienced, nationally-recognized trial lawyers who have a track-record of success protecting the rights of people like yourself.

We understand how personal this matter is to you, so we strive to provide you with the focused client service that your family needs and deserves. Our firm works tirelessly to prepare your case to fight all the way through trial, if necessary. That is why our attorneys are routinely successful in helping families who have lost a loved one obtain the compensation and justice that they’re owed.

If you and your family have lost a loved one due to someone else’s acts or negligence, contact the Houston wrongful death attorneys at Kherkher Garcia today to schedule a consultation with our skilled lawyers to discuss your case and to learn more about how our firm is prepared to fight for you.

Wrongful Death Attorneys at Kherkher Garcia

OUR PERSONAL INJURY ATTORNEYS REPRESENT VICTIMS OF CATASTROPHIC AND SERIOUS PERSONAL INJURY

The untimely loss of a loved one due to someone else’s negligence or a willful act can be utterly devastating for the surviving family members. In the aftermath of a sudden loss of a spouse, parent, child, or other family member, you have the right to expect answers, compensation, and justice.

The law allows the surviving family members to file a wrongful death claim against the party responsible for their loved one’s death. Even though a wrongful death claim cannot bring back a loved one, it can compensate for the expenses that result from their death.

At Kherkher Garcia, our Houston wrongful death lawyers fight to protect the rights of families who have lost a loved one due to another person’s or business’s acts or negligence. Our attorneys understand the importance of what you have lost. Our team does more than just try and settle wrongful death claims. We aim to provide compassionate support and bring a measure of peace and closure to those who are still here.

Contact us today to schedule a consultation with one of our skilled wrongful death attorneys to learn more about whether your family may have a viable wrongful death claim and how our firm can help you secure compensation and justice for your loved one.

What is a Wrongful Death Claim?

A wrongful death claim arises when a person’s death is caused by a wrongful act, carelessness, lack of skill, neglect, negligence, or default of another person or entity. Wrongful death claims can arise from accidents or incidents such as:

  • Motor vehicle accidents
  • Boating accidents
  • Medical malpractice
  • A defective product
  • Premises liability
  • Construction site accidents
  • Workplace accidents
  • Assault/battery or homicide

If you believe your loved one was killed due to the acts or omissions of another person or entity, contact the Houston wrongful death attorneys of Kherkher & Garcia today to speak with a member of our legal team to learn more about your legal rights and options.

Who is Eligible to File a Wrongful Death Claim in Texas?

Under Texas law, only certain persons are entitled to file a wrongful death claim. Although a wrongful death claim is brought to benefit all the eligible beneficiaries of a wrongful death claim, the claim can be brought by one or more of:

  • The decedent’s surviving spouse
  • The decedent’s surviving children
  • The decedent’s surviving parents

If none of the eligible surviving family members files a wrongful death suit within three months of the decedent’s death, then Texas law allows the executor or administrator of the decedent’s estate to file a wrongful death suit, unless expressly requested not to by the eligible surviving family members.

What Compensation Could Surviving Family Members Be Owed?

A wrongful death suit is divided into two types of claims for which a decedent’s surviving family members can recover compensation – a “wrongful death” claim and a “survival” claim.

A wrongful death claim compensates the eligible surviving family members of the decedent for their losses incurred as a result of their loved one’s death, such as:

  • Loss of consortium
  • Loss of the decedent’s love and companionship
  • Loss of the decedent’s care and guidance
  • Loss of the value of services the decedent provided to the household
  • Loss of the decedent’s expected contribution of income

Survival claim damages are meant to compensate the estate of the deceased individual for losses that he or she suffered at the time of his or her death. This compensation can include:

  • Medical expenses incurred to treat the decedent’s last illness or injury
  • Lost wages incurred between the onset of the decedent’s last illness/injury and his or her death (if any)
  • The decedent’s conscious pain and suffering endured prior to his or her death
  • The decedent’s funeral and burial costs

This compensation is paid to the decedent’s estate and is thereafter distributed according to estate laws.

Frequently Asked Questions about Wrongful Death Claims

What is the statute of limitations for a wrongful death claim?

Under Texas law, the statute of limitations for a wrongful death claim is two years from the date of the decedent’s death. The statute of limitations can be tolled under limited circumstances, such as if the only eligible plaintiff to bring a wrongful death claim is a minor or suffers from a physical or mental impairment, or if the negligence of the defendant(s) was not known at the time of the decedent’s death.

I’ve been offered a settlement by the insurance company. Should I accept it?

You should not accept a settlement from an insurance company without first speaking with an experienced wrongful death attorney. The first settlement offer from an insurance company is rarely full compensation for your losses or the maximum amount of compensation that the insurance company can offer. An experienced wrongful death attorney can evaluate the insurance company’s claim and advise you as to whether the offer represented fair and full compensation for your claim.

How long will it take to resolve a wrongful death claim?

The length of time that it can take to resolve a wrongful death will depend on multiple factors. If the defendant or defendants accept liability, it can take as little as a few months to settle the case if damages can be promptly established. If the defendant or defendants do not accept responsibility and/or contest the amount of damages you are seeking and it becomes necessary to file suit in court, it can take up to a few years to finally resolve your case at trial.

Why Choose Kherkher Garcia?

If you and your family have a wrongful death claim in Houston, you have many law firms to choose from to represent you and your family. When you choose Kherkher Garcia to help you in your family’s wrongful death claim, you will have a team of experienced, nationally-recognized trial lawyers who have a track-record of success protecting the rights of people like yourself.

We understand how personal this matter is to you, so we strive to provide you with the focused client service that your family needs and deserves. Our firm works tirelessly to prepare your case to fight all the way through trial, if necessary. That is why our attorneys are routinely successful in helping families who have lost a loved one obtain the compensation and justice that they’re owed.

If you and your family have lost a loved one due to someone else’s acts or negligence, contact the Houston wrongful death attorneys at Kherkher Garcia today to schedule a consultation with our skilled lawyers to discuss your case and to learn more about how our firm is prepared to fight for you.

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As personal injury attorneys, we fight for people who are injured and hold those responsible for the harm accountable, so that our clients can obtain justice, so that our society can be safer, and so that people come before profits.

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