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We won a verdict for a single plaintiff in an action against a multi-national pharmaceutical company.
We won a jury verdict for a client who suffered head trauma and permanent scarring in an ATV rollover case in South Texas.
Won a settlement against a Fortune 500 pipeline company for burn victims of a plant explosion in South Texas.
Won settlement for family who lost loved one in trucking crash.
Few experiences are more painful than losing a loved one in an accident that should never have happened. In the months and years that follow, families often face deep grief along with difficult questions about how the tragedy occurred and whether it could have been prevented. The sudden loss of a spouse, parent, or child can leave a family overwhelmed while trying to understand what happened and what steps may come next.
During this time, many families begin searching for clear answers and a way to hold the responsible party accountable. Speaking with a Galveston wrongful death lawyer can help surviving family members better understand their legal rights and whether the law provides a path forward after a preventable loss.
At Kherkher Garcia LLP, we work with families across Galveston, and throughout Texas, who are facing these difficult moments. Our team focuses on helping families understand what happened, protect their legal rights, and pursue accountability when negligence has taken a life.
Texas law allows certain family members to bring a wrongful death claim when negligent or reckless conduct leads to a fatal injury. These cases give families a legal path to seek financial recovery while holding the responsible party accountable for the harm caused.
Wrongful death claims may arise from many types of incidents, including motor vehicle accidents, workplace incidents, dangerous products, or unsafe property conditions. When negligence results in a fatal injury, Texas law allows families to pursue damages related to financial losses and the emotional impact of the loss.
Under Texas law, a wrongful death claim typically requires proof of:
According to the Texas Civil Practice and Remedies Code Section 16.003, the time limit to bring a wrongful death lawsuit is generally two years from the date of death.
The statute of limitations is a critical legal deadline that determines how long surviving family members have to file a wrongful death claim.
In most Texas cases, the law provides a two-year filing window beginning on the date of the person’s death. Missing this deadline can prevent a family from pursuing compensation through the courts.
Certain circumstances may affect the timeline, including cases involving minors or situations where key facts surrounding the death were not immediately known. Because these legal timelines can be complex, many families choose to consult with a wrongful death attorney as soon as possible to protect their rights.
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Fatal accidents occur in a variety of situations throughout Galveston and across Texas. Some involve negligent drivers on busy roadways, while others arise from unsafe workplaces, defective equipment, or hazardous property conditions.
Common situations that may result in of wrongful death claims include:
Motor vehicle accidents remain one of the leading causes of fatal injuries in Texas. According to the Texas Department of Transportation Crash Records Report, thousands of fatal traffic accidents occur statewide each year. These tragedies often leave families facing unexpected emotional and financial consequences.
Galveston’s busy coastal roads, tourism traffic, and commercial transportation activity can increase the risk of serious accidents. When a fatal accident occurs because of reckless driving, intoxication, distracted driving, or unsafe commercial practices, surviving families may have legal options through a wrongful death claim.
Texas law specifies which family members may file a wrongful death lawsuit following a fatal incident. These claims seek to compensate for both financial losses and the emotional impact suffered by surviving relatives.
Under Texas law, the following individuals may generally file a wrongful death claim:
If eligible family members do not file a claim within three months, the personal representative of the estate may pursue the claim unless the family specifically requests otherwise.
Compensation in a wrongful death case may include damages associated with the financial and emotional losses caused by the death. Potential damages may include:
In certain cases involving extreme negligence or reckless conduct, a judge and/or jury may consider additional damages. Each case is unique, and the possible compensation depends on the specific circumstances surrounding the fatal accident.
Determining who is legally responsible for a fatal accident requires a careful investigation and the collection of clear, reliable evidence. Building a strong claim may involve reviewing accident reports, preserving key records, consulting experts, and identifying all parties whose actions contributed to the fatal incident.
At Kherkher Garcia LLP, wrongful death cases are approached with a focus on thorough investigation and strategic case preparation. Our firm has decades of experience handling catastrophic injury and fatal accident claims involving complex liability issues.
Several factors we employ to help strengthen a wrongful death claim, include:
The legal team at Kherkher Garcia LLP has handled high-value injury and wrongful death cases across Texas and nationwide. Our firm has participated in hundreds of jury trials and has secured significant results in catastrophic injury cases. This experience plays an important role when pursuing accountability after a fatal accident.
When his wife was struck by a car near a hospital parking lot in 2015, this client faced an unimaginable loss alongside an overwhelming legal battle. The team at Kherkher Garcia LLP stood by the family through every stage of the wrongful death trial, combining courtroom strength with genuine care. Watch his story below.
Secured for a wrongful death case involving a single fatality.
Wrongful Death from a Trucking Accident
Won for a family in a commercial motor vehicle (CMV) wrongful death case.
Won a settlement for a family whose loved ones were killed when the distracted driver of a large delivery truck ran a red light.
At Kherkher Garcia LLP, we understand that, after a fatal accident, families are left with painful questions about what happened and whether the tragedy could have been prevented. For many families, pursuing a claim is about financial recovery and accountability.
Speaking with our Galveston wrongful death lawyer can help families better understand their rights and options. During your free consultation, we review the facts surrounding the accident and explain the legal options that may be available. Every situation is different, and a careful evaluation helps determine whether pursuing a wrongful death claim is the best course of action.
At Kherkher Garcia LLP, we guide families through this process while protecting your legal rights. Call 713-333-1030 to schedule a free consultation with a wrongful death lawyer and discuss the next steps for your family.
Jesus Garcia Jr. is a founding partner of Kherkher Garcia LLP and a nationally recognized trial lawyer with more than 20 years of experience representing victims of catastrophic injury and wrongful death caused by corporate negligence.
Raised in Rio Grande City, Texas, Jesus brings a deep understanding of hard work, perseverance, and accountability to every case he handles. His commitment to justice has led to record-setting verdicts and settlements, including some of the largest recoveries in Texas history.
Known for his trial-ready approach and relentless advocacy, Jesus has dedicated his career to holding powerful corporations accountable and fighting for families when they need it most.
Terry Yates is a seasoned trial lawyer with decades of experience handling complex civil and criminal matters across Texas and nationwide. A lifelong Texan, he brings deep courtroom knowledge shaped by years of public service and private practice.
Board Certified in Criminal Law by both the Texas Board of Legal Specialization and the National Board of Trial Advocacy, Terry has tried numerous high-profile cases and previously served as an Assistant District Attorney in Harris County. He is also a graduate and former faculty member of the Trial Lawyers College under renowned trial attorney Gerry Spence.
In addition to his legal practice, Terry serves as an Associate Judge for the City of West University Place and as a legal analyst for ESPN radio.
No legal process can undo the pain of losing someone, but pursuing accountability can bring a measure of justice and help protect a family’s financial future. At Kherkher Garcia LLP, our team of Galveston personal injury lawyers approaches every wrongful death case with the compassion and determination that grieving families deserve. When you need a wrongful death lawyer near you in Galveston, we are honored to stand with you and fight on behalf of your loved one.
Visit us at 2101 Mechanic St, Suite 228, Galveston, TX 77550, or call 713-333-1030 for a free consultation today.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.