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Seriously Injured/How to Choose a Lawyer
I just lost a loved one because of negligence. What should I do?
If you have lost a loved one—for any reason—you are devastated. You are overwhelmed with sadness as you begin to grieve the loss. You are in shock and perhaps have not yet accepted that your loved one is gone forever.
You know or suspect that your loved one died because of the negligence by a person or a company or both. But because you have so much on your plate, you need help.
So the very first thing you should do to determine if your loved one died as a result of negligence is hire an attorney, but not just any attorney. It is vital that you hire an attorney with experience in wrongful death lawsuits. As you begin your online search for an attorney, you will be flooded with options as there are so many firms vying for business. In deciding on which attorney or firm to hire, consider these factors:
- The attorney’s education and experience
- The results the attorney has obtained in wrongful death cases
- Whether the attorney will personally handle your case or refer it out to some other attorney
- When you call the attorney and leave a message, did the attorney you sought personally call you back?
- Did the attorney that called you back listen carefully to your story and give you the sense that she or he cared about your situation?
- Did the attorney explain the terms of the representation and make her or his fee interest clear?
- Was the experience of talking with the attorney one that left you feeling safe and comfortable?
You are about to embark on what could be a years’ long journey with this attorney as your friend and as your warrior. It is vital that you feel like you can trust the attorney, like you can be open and candid with her or him, like no matter what, they will keep their promise of fighting for you until the end.
Death of a Loved One – What to do
I just lost a loved one because of negligence. What should I do?
If you have lost a loved one—for any reason—you are devastated. You are in shock. You are overwhelmed with sadness. You are only beginning to grieve as you realize that your loved one is gone forever.
If you feel that your loved one died because of negligence by a person or a company or both, the first thing you should do to protect your rights is preserve evidence to the extent you can and only if you can do so safely. For example, some steps you can take include:
- Get names and phone numbers of any witnesses to or persons with knowledge about the incident.
- Take photographs and video of the scene of the incident and of any other circumstances that might be important.
- If the negligent person or representatives of the negligent company approach you, listen carefully to what they say. Take down their name and phone number. Ask them what they know about what happened. Get details. Do not sign anything, and do not accept their offers of money.
The next thing you should do is hire an ethical and experienced wrongful death lawyer. Here are some tips on selecting a lawyer:
- Beware of lawyers or law firms that immediately offer you money. While monetary assistance could bring you and your family some immediate relief, this tactic is aimed at enticing you to sign their contract, which is unethical. Ask yourself: “If they are unethical, how can I ever trust them?”
- Take some time to carefully search for and select an ethical lawyer that has had success with wrongful death cases. Reach out to more than one law firm. Listen to what each lawyer says, but more importantly, note whether the lawyer is listening to you. Do the lawyer’s questions convey genuine concern and a real passion for justice, or do they make you feel like a commodity? It is vital that you trust and have confidence in the lawyer you choose, because you are embarking upon a long journey toward justice, and she or he will be with you each step of the way.
I just lost a loved one because of someone’s negligence. What should I do?
If you have lost a loved one—for any reason—you are devastated. You are in shock. You are overwhelmed with sadness. You are only beginning to grieve as you realize that your loved one is gone.
If you feel that your loved one died because of negligence, by a person or a company or both, the first thing you should do to protect your legal rights is preserve evidence as best you can if, and only if, you can do so safely. For example, some steps you can take include:
- Get names and phone numbers of any witnesses to or persons with knowledge about the incident.
- Take photographs and video of the scene of the incident and of any other circumstances that might be important.
- If the negligent person or representatives of the negligent company approach you, listen carefully to what they say. Take down their name and phone number. Ask them what they know about what happened. Get details. Do not sign anything, and do not accept their offers of money.
- Beware of lawyers or persons acting on behalf of lawyers that offer you money soon after the incident. While monetary assistance could bring you and your family some immediate relief, this tactic is aimed at enticing you to sign their contract, which is unethical. Ask yourself: “If they are unethical, how can I ever trust them?”
- Take some time to carefully research lawyers and seek out ethical lawyers that have had success with wrongful death cases. Listen to what the lawyer says, but more importantly, note whether the lawyer is listening to you. Do the lawyer’s questions convey genuine concern and a real passion for justice, or do they make you feel like a commodity? It is vital that you feel comfortable and protected in the hands of the lawyer you choose, because you are embarking upon a years long journey toward justice, and she or he will be with you each step of the way.
Injured and illegal
If I am an illegal alien and am injured in Texas because of negligence, can I sue?
Yes. Many individuals that are illegally in the United States believe that they cannot pursue monetary compensation for injuries they suffer resulting from negligence. This is simply not true. In Texas, being an illegal alien does not prohibit you from making a claim or suing to recover money for personal injuries. However, your illegal status could affect whether and how much you recover in several ways.
First, in a personal injury lawsuit, generally, a plaintiff may seek compensation for several types of damages that include medical expenses, loss of earning capacity, and physical pain. If you seek compensation for loss of earning capacity but there is evidence that you were going to be deported, then the jury can learn of your illegal status at trial and conclude, based on your imminent deportation, that you were unlikely to earn money in the United States, in which case you will not recover for loss of earning capacity.
Second, if you seek compensation for loss of earning capacity but have not paid federal income taxes while working in the United States, the jury could learn of your failure to pay taxes and conclude not only that you are illegal but also that you are not to be trusted. You could lose credibility and, with it, your whole case.
In conclusion, being an illegal alien in the United States does not prohibit you from bringing a viable lawsuit in Texas for personal injuries. But be careful when considering whether to bring a loss of earning capacity claim; if your deportation is imminent, the jury can hear about your illegal status and not award you money for this loss. If you have not paid federal income taxes, the jury can hear about this and may conclude that you are illegal and that, regardless of your immigration status, you cannot be trusted.
TIPS:
- Speak to a qualified immigration attorney to explore your options of gaining lawful residence or citizenship.
- Even if you are an illegal alien, always abide by the law; this includes paying your federal income taxes.
PRACTICE AREAS
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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.
