Fatal Houston Work Injury Lawyer
After a fatal work injury, the spouse, children, and parents of the deceased victim can bring wrongful death actions.
Losing a loved one in any type of accident is a tragedy beyond comparison. However, when a loved one dies while at work, it adds a level of frustration. Your loved one went to work to provide for their family, and you trusted that their employers took your loved one’s safety seriously. Sadly, that is not always the case. While nothing will bring a loved one back, families who lost a loved one in a Houston workplace accident can pursue a wrongful death claim against an employer or any other party who caused or contributed to their loved one’s death.
Mario de la Garza personally assisted in all legal matters pertaining to/and getting settlements for all medical bills and restitution for the family. We highly recommend this firm. - Mariann B.
What Is a Wrongful Death Action?
After a fatal work injury, the spouse, children, and parents of the deceased victim can bring wrongful death actions for their harms that result from the death of their loved one. Also, the estate of the deceased victim can bring a survival action, for the pain and anguish that the deceased suffered prior to dying and for medical expenses and funeral expenses.
Who Can File a Texas Wrongful Death Lawsuit After a Fatal Work Accident?
Under Texas law, a spouse, child, and parent can bring a wrongful death claim. 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.
To establish liability in a Texas wrongful death claim, the claimant must show that their loved one died as a result of the defendant's “wrongful act, neglect, carelessness, unskillfulness, or default.”
Damages Available to Surviving Family Members After a Fatal Work Accident
Nothing can bring back a family member who was killed in a senseless workplace accident. However, the surviving spouses, children, and parents may seek damages through wrongful death claims. Monetary damages consist of actual damages, and in some cases, exemplary (punitive) damages.
Actual damages include (1) pecuniary losses, (2) mental anguish, (3) loss of companionship and society, and (4) loss of inheritance. Pecuniary losses, in turn, include the loss of the decedent’s earning capacity, advice, counsel, services, care, maintenance and support; they may also include expenses for the family member’s psychological treatment that resulted.
Loss of inheritance is defined as the present value that the victim would, in reasonable probability, have added to the estate and left at natural death to the statutory beneficiaries, bur for the wrongful conduct that resulted in the death.
In some cases, a judge or jury can award exemplary (punitive) damages. Unlike actual damages, punitive damages are not designed to compensate the plaintiff for their injuries. Instead, punitive damages focus on punishing the defendant for their especially egregious behavior. Punitive damages are rare and are awarded when the plaintiff can prove that the death was caused by the wrongdoer’s willful act or omission or gross negligence.
Texas Survival Action
When a company’s negligence causes a fatal work accident, the victim’s estate can recover damages that the deceased victim herself suffered as a result of the wrongdoing. The “survival” action is brought on behalf of the deceased for the deceased’s damages, including their physical pain and mental anguish that preceded the death, their medical bills, and their funeral expenses. It is called a “survival” action because the claim “survives” the death of the deceased, allowing the deceased’s estate to bring the claim.
Economic/ Non-economic Damages Available After a Fatal Work Accident
In Texas, there are two types of actual or “compensatory” damages: economic and non-economic. Economic damages are meant to compensate a claimant for actual economic or pecuniary loss and can often be determined by presenting receipts, medical bills or through the testimony of an expert witness. Examples of economic damages include the following:
- Medical expenses in the past and future
- Loss of earning capacity in the past and future
Non-economic damages are more subjective in nature. Examples of non-economic damages include the following:
- Physical pain in the past and future
- Mental anguish in the past and future
- Physical impairment in the past and future
- Disfigurement
In a wrongful death claim after a work accident, the claimant’s non-economic damages include: loss of consortium and the loss of companionship and society.
Both economic and non-economic damages are crucial to ensuring that an accident victim is fully compensated for their physical and emotional injuries.
Contact a Texas Fatal Work Injury Lawyer to Schedule a Free Consultation
At The de la Garza Law Group, we know that no two cases are the same. Every client is special. Every case is personal. We know that in order to help our clients obtain the justice they deserve, we must get to know our clients and how the accident has impacted their lives. For this reason, we spend significant time getting to know the details of each client’s case and always maintain awareness of the client’s goals for the representation.
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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.
- Desiree
★★★★★
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.
The de la Garza Law Group can help
If a loved one died in a work-related accident, contact The de la Garza Law Group today. We offer a free, no-obligation case evaluation. 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.