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Experienced Texas Wrongful Death Lawyers Help Families Recover After a Tragic Loss
Mario did a great job on my case. He was extremely responsive and easy to work with. Thank you Mario and team for all your help. – Elizabeth W.
A wrongful death action is a type of Texas personal injury cause of action or claim that family members can bring to obtain compensation for the loss of their loved one.
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Our team of experienced Texas personal injury attorneys works diligently to obtain maximum compensation for the loss our clients have endured.
At The de la Garza Law Group, we represent families in all types of Texas wrongful death claims.
Accidents are preventable, as is the resulting suffering that the family of a deceased accident victim must endure. Families who lose a loved one in a fatal accident must not only deal with their grief, but also with the financial impact that comes with losing a member of the family. This likely involves medical and funeral expenses but also includes adjusting to life without the accident victim’s salary. Families must also cope with the loss of company and support provided by their loved one.
Losing a loved one in any kind of accident is tragic. The grief and sadness that accompanies the loss of a loved one are only magnified if the accident was easily preventable. And in reality, the vast majority of fatal accidents could have been avoided had someone been more careful. We recognize that nothing can bring back a loved one who was lost in a senseless accident; however, with our help, families can hold the responsible parties accountable.
Texas leads the nation in crane-related death, totaling 50 between the years of 2011 and 2017. In 2018, there were a total of 488 Texas workplace deaths, and a Texas employee dies on the job every 16 hours. Common causes of work-related deaths include:
Electrocution
Asphyxia
Falls from roofs
Exposure to toxic chemicals
Heatstroke
Houston Wrongful Death Attorneys
When someone is killed in a Texas car accident, or any other fatal accident, the accident victims’ surviving family members can bring a wrongful death claim against the at-fault parties.
A spouse, parent or child can bring a Texas wrongful death claim. Specifically, section 71.001 of the Texas Civil Practice and Remedies Code allows for a family member to bring a wrongful death case based on another party’s “wrongful act, neglect, carelessness, or unskillfulness.”
To succeed in a Houston wrongful death claim, a family must be able to show that the named defendant 1.) owed a duty of care to their family member, 2.) violated that duty by some action or failure to act, and 3.) the defendant’s violation of that duty resulted in their loved one’s death. While proving each of these elements may sound straightforward in theory, in practice, that is rarely the case. Often wrongful death cases are defended by insurance companies, who have teams of highly skilled lawyers that come up with creative defenses in an attempt to evade liability. For this reason, the assistance of a knowledgeable Texas personal injury lawyer who can help develop a strong strategy for success and prepare for any likely defenses is highly recommended.
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A Houston wrongful death case can be filed after any fatal accident. Of course, some types of accidents are more likely to result in serious injury or death and are thus more commonly the basis for a wrongful death claim. Below are the most common types of wrongful death claims in Texas:
Types of Texas Wrongful Death Claims
Car Accidents
Car Accidents
Car accidents are among the most common cause of accidental death in Texas. Each year, over 3,600 people are killed in Texas traffic accidents. The causes of fatal car accidents vary; however, the most frequent causes of fatal Texas car accidents involve:
- Speeding
- Drunk driving
- Distracted driving
- Drowsy driving
- Defective or slick tires
- Running a stop sign or red light
- Failure to maintain a single lane
- Failure to yield
- Improper passing
Truck Accidents
Truck Accidents
Due to the compensation structure used by the trucking industry, truck drivers are encouraged to cover as many miles as they can per day. As a result, truck accidents are often the result of distracted or intoxicated driving, as many truckers use illegal substances to stay awake. However, these substances end up compromising the driver’s decision-making as well as their ability to operate the truck.
Semi-trucks and other large commercial vehicles are the most dangerous vehicles on the road. Texas tractor-trailer accidents are much more likely to result in serious injury or death than accidents involving only smaller vehicles. Texas truck accident cases can be extraordinarily complex because there are often multiple liable parties, including the truck driver, the trucking company as well as the owner of the truck or trailer.
Motorcycle Accidents
Motorcycle Accidents
Motorcyclists face unique dangers on the road. For starters, other motorists often overlook motorcyclists, failing to yield the right of way. In other situations, motorists have a difficult time gauging the speed at which an approaching motorcycle is moving. It is for this reason that left turn motorcycle accidents are so common.
Motorcycle accidents are also very likely to result in serious injury or death. Motorcycles offer riders no protection from the surrounding environment. And while helmets help reduce the seriousness of injuries sustained in an accident, they do not guarantee against the possibility of injury. Finally, motorcyclists face an unfair social stigma that they are aggressive drivers. In reality, well under half of all fatal motorcycle accidents involving another vehicle are the fault of the motorcyclist. A dedicated Texas motorcycle accident attorney will be prepared to address this unfair perception effectively.
Workplace Accidents
Workplace Accidents
Workplace accidents include both accidents that occur while on the job as well as occupational illnesses. An occupational illness is a disease or condition that an employee develops as a result of employment. In 2018 alone, there were over 415 workplace deaths in Texas.
The majority of fatal Texas on-the-job accidents occur in the following jobs:
- Natural resources, construction and maintenance occupations
- Production, transportation, and material moving occupations
Fatal workplace accidents can happen for a variety of reasons. Traffic accidents, falls, fires, electrocutions and exposure to toxic chemicals are all significant causes of Texas workplace deaths.
Slips-and-Falls
Slip-and-Fall Accidents
Each year, there are over 36,000 deaths caused by accidental falls. Many of these deaths are preventable, had the owner or occupier of the property taken the necessary precautions to prevent falls.
Landowners have an ongoing obligation to ensure that their property is safe for invited guests. When a landowner fails to live up to this duty, and someone is killed as a result, the landowner can be held liable through a Texas premises liability lawsuit.
Electrocutions
Electrical Accidents
According to government statistics, electrocution accidents are the third leading cause of injury in the construction industry, which is among the most dangerous occupations.
Not surprisingly, each year, there are over 100 electrocution deaths. Often, these deaths are the result of inadequate inspections and otherwise hazardous worksites. It is common for families of workers who suffered fatal injuries in a Texas electrical accident to pursue a claim for compensation against several potentially responsible parties.
Explosions
Explosions
Texas is the nation’s oil and gas capital. Along with this title comes an increased risk of injury or death due to fires and explosions. Many Texas fire deaths occur in the context of the oil and gas industry.
However, fires and explosions can claim the lives of workers in other sectors, as well as those living in rental homes and apartment buildings. Some fires and explosions result in immediate death; however, it is not uncommon for an accident victim to survive the initial incident and then pass away later due to complications from these complex injuries.
These are just a few of the more common accidents that can result in a Texas wrongful death claim. However, families can pursue a claim against a negligent party after any fatal accident. It is important to remember that under Texas law, a family member has just two years to bring a wrongful death case.
THE DE LA GARZA LAW GROUP CAN HELP
There was always an answer from him every time I had a question
Mario was very professional at all times. The one thing that made me at ease with him was that when I would text him, I would get a response every time within 10 minutes or less. - Robert C.
Damages in a Texas Wrongful Death Case
Families who have lost a loved one in a preventable Texas accident can pursue a wrongful death claim against the at-fault party or parties. The available damages in a wrongful death case can include compensation for the following:
- The lost earning capacity of the deceased;
- The loss of society, comfort and love of the deceased;
- The emotional pain and suffering experienced by the surviving loved ones;
- The loss of an inheritance (what the decedent would have reasonably been expected to earn and gift had they lived); and
- The lost value of household contributions of the deceased.
The amount of damages that are recoverable in a wrongful death claim can vary, depending on several circumstances. For example, the following can all impact the total amount of damages that a family is able to recover in wrongful death case:
- The age of the deceased family member;
- The extent of the family member’s fault in bringing about their own death;
- The earning potential and profession of the deceased family member; and
- The egregiousness of the conduct that caused the family member’s death.
The final factor, the egregiousness of the defendant’s conduct, is relevant to determine whether exemplary damages are available. There are two types of damages in a Texas wrongful death case: compensatory and exemplary damages.
Compensatory damages are designed to place the family of the accident victim in as close a position as possible to where they were before the accident. While nothing can bring back a loved one after a fatal accident, compensatory damages compensate a family for their loss as best as possible.
Exemplary damages, on the other hand, are those that are designed to punish a defendant for their conduct. Also referred to as punitive damages, exemplary damages are available when a defendant acts willfully or with gross negligence. One unique aspect of Texas wrongful death law is that parents are not eligible for exemplary damages; only spouses and children can obtain exemplary damages.
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Contact de la Garza Law Group to Speak With an Experienced Houston Wrongful Death Lawyer
Importantly, the at-fault parties in a Houston wrongful death case are not necessarily limited to the obvious parties. For example, a fatal truck accident may result in a claim against both the driver of the truck, as well as the driver’s employer. Determining all of the potentially responsible parties is an integral part of the recovery process, because it can significantly increase a family’s ability to collect on any damages award that is obtained.
In a split second, an accident can change a family forever. At The de la Garza Law Group, we pride ourselves in providing clients with a unique form of client-centered representation that puts their needs first. Every case is personal, and while we have over 30 years of experience handling Texas personal injury cases, we cannot know what is important to our client until we take the time to get to know them and how the accident has impacted their life.
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Thank you! You guys are #1 to me.
Mr. Mario de la Garza and his team are one of a kind and hands down the best law firm in Houston. They really do care about you and take your case seriously. He takes your calls and actually takes the time to talk to you and explain how everything is going to work and he leaves no questions unanswered. I also want to say his team is the best! Lidia thank you so much for always replying to all my emails, calls and messages. All though I know I was a pain at times, she was always so responsive, patient and would always return my calls when she said she would. – Christina L.
★★★★★
I was fortunate to have him on my team and recommend him highly.
Mario de la Garza is a good lawyer. He secured insurance reimbursement for a personal injury that has taken 2.5 years settle. He was compassionate and patient and provided good counsel when solutions appeared non- existent. He was tenacious with medical providers, coordinated payments on a timely basis and worked well with insurance companies. I was fortunate to have him on my team and recommend him highly. - HP
★★★★★
My experience with The de la Garza Law Group was phenomenal.
Me being a 21 year old juggling my time as a full time employee and a full time college student dealing with a car accident sounded terrifying, but with the help of Mr. Mario de la Garza all my worries went away. He made the process so easy and met every one of my expectations and more. I would highly recommend The de la Garza Law group to anybody especially young adults who are terrified of having to deal with a car accident for the first time. Trust and believe The de la Garza Law Group will not disappoint. - Stefanie G.
★★★★★
Mario fought for every single penny in my case.
I was in a 18 wheeler car accident late August 2019. And as soon I got out the hospital, I looked up a good Injury attorney law firm to help me with this case. And the De la Garza law firm was the first one to pop up. They took care of me throughout the nine months. They have a great staff. With great people. I give them 5/5 stars. Mario fought for every single penny in my case. You got to respect a lawyer that’s willing to go beyond for you. I highly recommend De la Garza’s law firm. Thank you guys. - JW
★★★★★
I would definitely use Mario again.
The one thing that made me at ease with him was that when I would text him, I would get a response every time within 10 minutes or less. There was always an answer from him every time I had a question. He was always on time or a few minutes early when we had to meet up for things pertaining to my case. He would even work & reach out to me about my case on Saturdays & Sundays (7 days a week). I would definitely use Mario again if needed and would highly recommend him to someone else needing an attorney. - Robert C.
★★★★★
We are extremely grateful to The de la Garza Law Group
Our case pertained to an auto-pedestrian collision involving a commercial vehicle that resulted in catastrophic injuries to my brother. Unfortunately, and ultimately these injuries resulted in his wrongful death due to this hit and run in the Houston area. On behalf of my family, we are extremely grateful to The de la Garza Law Group for all their legal assistance. Mario de la Garza personally assisted in all legal matters pertaining to/and getting settlements for all medical bills and restitution for the family until the matter was concluded. We highly recommend this firm.
– Mariann B.
★★★★★
His team is very professional and I would highly recommend to anyone.
My experience with Mr. De la Garza was very pleasing during a difficult time. My case was a workplace injury causing serious injuries that unfortunately lead to a wrongful death. He was very patient with all of us due to several families being involved in this case and worked well with us all. I am glad he didn’t turn down our case (like others did). I was very pleased with how everything was handled in this case and the outcome as well. His team is very professional, and I would highly recommend to anyone. Thank you, Mr. de la Garza and team. – Lisa L.
★★★★★
I fully recommend The de la Garza Law Group for any legal representation.
Attorney Mario de la Garza, who is fluent in English and Spanish, is very professional and passionate about his work. My daughter and I are very satisfied with the outcome. At The de la Garza Group you will find a friendly and communicative staff, which along with the attorney, will handle your legal case with a very positive and professional demeanor. - Desiree D.
★★★★★
Thank you for your help.
My experience with De la Garza law group was a very long pleasant experience it was a little difficult to keep up with it since this was my 1st experience with an attorney, but he did really great to keep in touch even though I have a very busy schedule with work and hard to reach and was very informative before, and during the whole process. Thank you, Mr. de la Garza for your help. – Denise G.
★★★★★
It’s like a breath of fresh air having someone like Mario fight for you.
I have been a client of Mr. De la Garza two times now where he shows professionalism and honesty and a definite care for the people he represents. I got in a car accident in February and it caused such a hardship coming close to an end. It’s like a breath of fresh air having someone like Mario not only represent you but fight for you. I hope not to have any more accidents but if I did I will look forward to working with him again! – Ashley V.
Our team of dedicated Houston wrongful death lawyers is committed to helping clients obtain compensation for the loss of their loved ones.
We understand that losing a loved one in a tragic accident greatly impacts your emotional and financial wellbeing, and we aggressively pursue compensation for your loss. If you have lost a loved one in a Texas truck wreck, fire, explosion, slip-and-fall, or any other type of accident, contact The de la Garza Law Group today.
We offer all clients a free, no-obligation consultation in which we will provide an honest and thorough assessment of your case. To learn more, call 713-784-1010, or call toll-free at 844-784-1010.
We proudly represent clients throughout Texas, including all major metropolitan areas. We represent many clients throughout the greater Houston area, including Harris County, Fort Bend County, Galveston County, Brazoria County, Jefferson County, Chambers County, Waller County, and Montgomery County, including The Woodlands, Pearland, Pasadena, Baytown, Clear Lake, Galveston, Conroe, and Sugar Land.