Wrongful Death Lawyer Houston – Mario did a great job with my case. He was very responsive and easy to work with. Thanks Mario and team for your help. – Elizabeth V.
A wrongful death lawsuit is a type of Texas personal injury lawsuit or lawsuit that family members can file to recover compensation for the loss of a loved one.
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Our team of experienced Texas personal injury attorneys is committed to obtaining the maximum possible compensation for our clients’ damages.
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At De La Garza Law Group, we represent families in all types of wrongful death lawsuits in Texas.
Accidents can be prevented, the consequences of which are borne by the family of a deceased accident victim. Families who have lost a loved one in an accident must not only deal with the grief, but also with the financial consequences of losing a family member. This likely includes medical and burial expenses, but it also includes adjusting to life without compensation as an accident victim. The family must also cope with the loss of communication and support from their loved one.
Losing a loved one as a result of any accident is a tragedy. The loss of a loved one only increases grief and depression when the accident could have been easily prevented. In fact, many fatal accidents could have been avoided if someone had been more careful. We understand that nothing can bring back a loved one who died in a senseless accident; However, with our help, families can bring those responsible to justice.
The death rate in Texas is about 30 percent higher than in the United States.
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Accidents are the fourth leading cause of death in Texas, killing about 11,000 people each year. In fact, the death rate in Texas is about 30 percent higher than in the United States.
Texas leads the nation in crane-related deaths, with a total of 50 between 2011 and 2017. In 2018, a total of 488 people died on the job in Texas, and one Texas worker dies on the job every 16 hours. The most common causes of work-related deaths are:
When someone dies in a Texas car accident or other fatal accident, the victim’s surviving family members can file a wrongful death lawsuit.
In Texas, a spouse, parent or child can file a wrongful death lawsuit. In particular, art. 71.001 of the Texas Code of Civil Procedure and Remedies allows a family member to bring a wrongful death action based on the “wrongful act, negligence, carelessness, or incompetence” of another party.
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To succeed in a wrongful death lawsuit in Houston, a family must be able to prove that the named defendant 1.) had a duty of care to the family member, 2.) breached that duty by an act or inaction. had done, and 3 ..) the defendant’s breach of this duty resulted in the death of a person close to him. While proving each of these elements may seem simple in theory, in practice it rarely is. Wrongful death cases are often defended by insurance companies through teams of highly skilled attorneys who present creative defenses in an attempt to avoid liability. For this reason, we strongly recommend that you seek the help of an experienced Texas personal injury attorney to help you develop a solid strategy for success and prepare for a potential defense.
A wrongful death lawsuit can be filed in Houston after any fatal accident. Of course, certain types of accidents are more likely to result in serious injury or death, so they are more likely to result in a wrongful death claim. Below are the most common types of wrongful death lawsuits in Texas:
One of the most common causes of accidents in Texas are car accidents. More than 3,600 people are killed each year in Texas traffic accidents. Fatal road accidents have different causes; However, the most common causes of fatal crashes in Texas are:
Because of the pay structure used in the trucking industry, truck drivers are incentivized to drive more miles per day. As a result, trucking accidents are often the result of distracted or drunk driving, as many truck drivers use illicit substances to stay awake. However, these substances eventually impair the driver’s ability to make decisions and control the truck.
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Semi trucks and other large commercial vehicles are among the most dangerous vehicles on the road. In Texas, tractor-trailer accidents are much more likely to result in serious injury or death than small vehicle accidents. Truck accident cases in Texas can be very complicated because multiple parties are often responsible, including the truck driver, the trucking company, and the owner of the truck or trailer.
Motorcyclists face unique hazards on the road. First, other drivers often ignore and give way to motorcyclists. In other situations, it is difficult for drivers to judge the speed at which an approaching motorcycle is traveling. This is why there are many accidents involving left turning motorcycles.
Motorcycle accidents can result in serious injury or even death. A motorcycle does not protect the driver from the environment. Although helmets help reduce the severity of injuries in an accident, they do not guarantee that no injuries will occur. Finally, motorcyclists face an unfair social stigma that they are aggressive drivers. In fact, less than half of all fatal motorcycle accidents involving another vehicle are caused by a motorcyclist. A specialized Texas motorcycle accident lawyer will be designed to effectively address this misconception.
Accidents at work include both accidents at work and occupational diseases. An occupational disease is an illness or condition that an employee suffers as a result of work. In 2018 alone, more than 415 people died on the job in Texas.
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Fatal accidents at work can happen for many reasons. Traffic accidents, falls, fire, electrocution, and exposure to toxic chemicals are the leading causes of occupational death in Texas.
Each year, more than 36,000 deaths are caused by accidental falls. Many of these deaths could have been prevented if the property owner or tenant had taken the necessary steps to prevent the collapse.
Landowners have an ongoing duty to ensure the safety of their property for invited guests. If a landowner fails to comply and someone dies as a result, the landowner can be held liable in a Texas premises liability lawsuit.
Electrical accidents are the third leading cause of injury in the construction industry, one of the most dangerous occupations, according to government data.
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It is no wonder that every year more than 100 people die from electric shock. Often these deaths are the result of inadequate inspections or unsafe workplaces. Families of workers fatally injured in an electrical accident in Texas often file compensation claims against several potentially responsible parties.
Texas is the oil and gas capital of the nation. This name increases the risk of injury or death from fire and explosion. Wildfires in Texas cause many deaths in the oil and gas industry.
However, fires and explosions can kill workers in other industries as well as people living in rental houses and apartment buildings. Some fires and explosions cause immediate death; However, it is not uncommon for an accident victim to survive the initial event and then die from complications related to these critical injuries.
These are some of the most common wrongful death accidents in Texas. However, families can file claims against the negligent party after any fatal accident. Note that under Texas law, a family member only has two years to file a wrongful death lawsuit.
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Mario was always very professional. What reassures me about him is that when I write him, I always get a response within 10 minutes or less. -Robert S
Families who have lost a loved one in a preventable accident in Texas can file a lawsuit against the wronged party or at-fault parties. Compensation available for wrongful death may include the following:
The amount of compensation recoverable in a wrongful death claim can vary based on a number of circumstances. For example, the following factors can affect the total amount of compensation to a family in a wrongful death case:
The final factor, the egregious nature of the defendant’s conduct, is important in determining whether exemplary damages may be awarded. There are two types of damages in a Texas wrongful death lawsuit: compensatory damages and exemplary damages.
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Compensatory damages are intended to place the family of the accident victim as close as possible to where they were before the accident. Although nothing can bring a loved one back to life after a fatal accident, compensatory damages are the best way to compensate the family for their loss.
On the other hand, exemplary damages are those designed to punish the defendant for his conduct. Also mentioned
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