If you lost a loved one in an accident due to someone else’s negligent actions, Kherkher Garcia, LLP might be able to help. Filing an insurance claim or lawsuit can be a challenge for grieving family members. You’re dealing with the loss of your relative and have to take on the additional responsibility of a case. It’s a confusing process that many people don’t know how to handle. Our legal team can take over the legal details for you and deal with the complexities of communications with the insurance company, filling out paperwork, and collecting evidence.
Major accidents can lead to serious consequences for the victim and their families. When an individual or entity’s misconduct causes someone’s death, that party should be responsible for the resulting expenses and intangible losses. When you’re a surviving relative, the last thing you want to deal with is the impending legal action necessary to recover compensation for the losses you suffered. At Kherkher Garcia, LLP, our Houston wrongful death attorneys can walk you through the legal procedure and remain by your side to offer support and guidance. Our services are personalized to each case, so you receive the representation you need.
Our dedicated legal team can investigate the accident to determine who was at fault, obtain the available evidence to prove what happened, and pursue the appropriate compensation for you. When you’re faced with doctor bills, funeral expenses, and other costs, it can be overwhelming and potentially lead to debt. The at-fault party should be cover those expenses, so you’re not forced to pay for anything out of pocket.
If you want to learn more about how we can help you with your case, call Kherkher Garcia, LLP at (713) 333-1030. You can meet with one of our Houston personal injury attorneys for a free consultation.
- Why Hire Kherkher Garcia, LLP?
- What Is Wrongful Death?
- Common Types of Wrongful Death
- Common Causes of Wrongful Death
- Steps You Should Take After Losing a Loved One
- Compensation You Can Pursue in a Wrongful Death Case
- Texas Laws Associated with Wrongful Death Cases
- Kherkher Garcia, LLP Legal Fees and Costs
- Wrongful Death Frequently Asked Questions
- Contact Us
Why Hire Kherkher Garcia, LLP?
When you hire us, you can rest assured that you’ll be in capable hands. We have over 100 years of combined experience handling personal injury cases. We use the resources at our disposal to thoroughly investigate accident cases and prove who should be held liable for a person’s death. Our Houston wrongful death lawyers know what it takes to recover the compensation you’re owed from the at-fault party. We use aggressive tactics to pursue the available compensation so you can cover the costs from the accident that caused your loved one’s death.
With our 24/7 answering service, you can reach out to us whenever you need us. Someone will always be available to answer your call so you can discuss your case, receive an update on the status, or ask questions. We believe in providing dependable customer service to our clients. You’ll receive the one-on-one attention you need and deserve. At Kherkher Garcia, LLP, we will always make you a priority.
It’s hard enough to mourn the loss of a family member. It’s even harder when you find out it was due to an avoidable accident. Whether it was a car wreck or workplace accident, it seems to make the situation worse, knowing that someone’s carelessness resulted in the fatal injury or illness. On top of that, thinking about pursuing a wrongful death case can seem like a daunting task.
Insurance companies typically don’t have your best interests in mind. They want to avoid large payouts or try to deny your claim entirely. They don’t want to accept liability for their policyholder’s actions. That might result in a stressful battle over a settlement you need to compensate for your total losses. Unfortunately, when you’re in a fragile state of mind, you might not have the mental or emotional energy to fight back against an unfair insurance company.
This is where the Houston wrongful death lawyers of Kherkher Garcia, LLP come in. You don’t have to go through this alone. You will have a team of advocates in your corner fighting for the justice you deserve. We know that no amount of money can change the unfortunate circumstances. However, we hope that it will make the road ahead much easier as you’re finalizing your relative’s estate and paying for all the expenses that come with the accident they were in.
What Is Wrongful Death?
Texas law defines wrongful death as a death that is caused by someone else’s unskillfulness, neglect, carelessness, default, or wrongful act. The wrongdoer could be:
- An individual;
- An association of individuals;
- A joint-stock company; or
- A corporation or a receiver or trustee or a corporation, joint-stock company, individual, or association of individuals.
A wrongful death victim could also include an unborn child.
You can only seek compensation from the at-fault party if the victim would have been entitled to pursue action for their injury if they had survived the accident.
Common Types of Wrongful Death
Kherkher Garcia, LLP can take on a variety of different sorts of wrongful death cases depending on the circumstances involved. As long as the negligent party’s actions caused your loved one’s accident or fatal injury, you could pursue compensation from them to compensate for your losses.
The most common types of wrongful death cases we can handle are:
- Car accidents – Collisions involving passenger vehicles can cause significant damage and fatal injuries. In fact, 36,096 people died in motor vehicle crashes in 2019. Drivers face hazards every time they get in their cars, and if they don’t take the necessary safety precautions, they could harm themselves or someone else.
- Truck accidents – Commercial trucks, such as tractor-trailers, can cause devastating accidents. It’s especially dangerous if these accidents involve small cars. The force of the violent impact between these two vehicles can lead to traumatic brain injury, paralysis, and death for those injured in the crash. The smaller vehicle occupants often suffer more significant harm than the truck driver. According to statistics, there were 4,119 deaths involving large trucks in 2019. Of those fatalities, 67 percent were passenger vehicle occupants, while only 16 percent were the driver or passenger of a commercial truck.
- Motorcycle accidents – Motorcyclists are at an increased risk of death because they don’t have the same safety equipment as the passengers and drivers of cars and trucks. If they collide with another vehicle, they’re likely to get ejected.
- Pedestrian accidents – In 2019, 6,205 pedestrians died in accidents involving motor vehicles. Drivers might not pay attention to the road ahead and hit someone attempting to cross the street or become distracted and veer onto a sidewalk or footpath. Many victims die at the scene, while others suffer life-threatening injuries that doctors can’t treat.
- Bicycle accidents – Bike riders face just as many dangers on the road as motorcyclists. The only thing protecting them is their helmet. However, even a helmet can’t prevent severe injuries or death. Various scenarios can lead to a catastrophic collision between a bike and a car.
- Workplace accidents – Any job industry exposes workers to dangers that can cause accidents. For example, construction workers constantly face hazards on the job site. If they’re working high up off the ground without the necessary safety gear, they could fall and die.
- Dangerous drugs – You might think pharmaceutical medications are safe. Unfortunately, some companies make errors that place harmful drugs on the market. Other times, these companies are aware of the associated risks but fail to warn consumers about them.
The Houston wrongful death attorneys of Kherkher Garcia, LLP are familiar with these kinds of situations and how to build a solid case for each. We could represent you if any of these or some other situation caused your loved one’s death. You won’t have to face the intimidating insurance company or defense attorneys alone. We never back down from opposing parties. They can’t intimidate us into dropping your case or accepting an inadequate settlement. You can count on us to fight hard for your rights.
Common Causes of Wrongful Death
An individual, multiple people, or a business could be at fault for someone’s death. If they were negligent in causing it, you should be able to hold them liable and seek the financial compensation you deserve so you’re not forced to pay for any expenses out of pocket. Each type of case we take comes with a range of causes that can lead to a person’s death.
Sharing the road with other drivers carries many risks. Even if you operate your vehicle safely, other people may not, which can result in a crash. If someone takes their eyes or focus off the task at hand, they could end up crashing into other vehicles, injuring or killing the occupants. The most common causes of car accidents include:
- Distracted driving
- Disobeying traffic laws
- Driving under the influence
Commercial truck drivers must obtain a special license to operate a large truck. There are multiple scenarios they could find themselves in that lead to a collision with other vehicles. If they’re not paying attention or make an error at the wheel, they could cause injuries and even death to the occupants of cars and small trucks. Some of the causes of deadly truck accidents are:
- Fatigued driving
- Failing to maintain the truck
- Improperly loaded cargo
- Defective or recalled truck parts
- Inexperience or inadequate training
Motorcycles are much smaller than standard vehicles. They’re more difficult to see, and many drivers aren’t looking for them on the road. If those drivers change lanes or turn without checking their blind spots, they could swerve into a motorcyclist riding in their path. The most common causes of motorcycle accidents include:
- Passing a motorcyclist too closely
- Failing to check blind spots
- Unsafe lane changes
- Failing to yield the right of way
Pedestrians face dangers no matter where they decide to walk. Whether they’re in a parking lot, crosswalk, or sidewalk, they could get hit by a car. Drivers must obey all traffic laws and yield to pedestrians when necessary. If they don’t, a person trying to cross the road could get hit and die. Some of the most common reasons for pedestrian deaths are:
- Vehicles failing to stop at a crosswalk
- Driver distractions
- Backing out of a parking space without looking
- Inadequate street lights
- Drivers disobeying signs and signals
Bicyclists typically suffer severe injuries and death when they’re forced to share the road with motor vehicle drivers. If there isn’t a designated bike path, they must ride alongside large vehicles that can cause massive destruction during a crash. Common causes of bicycle accidents that can lead to fatalities are:
- Opening the door of a parked car without checking for oncoming bicyclists
- Drifting into the bike lane
- Distracted driving
- Running a red light or stop sign
It doesn’t matter what kind of job you have. Even if you’re sitting at a desk all day, you could still suffer fatal injuries at work. Employers and other parties must provide safe working conditions at all times. That means maintaining the property, promptly performing repairs, and providing adequate training and supervision. The most common causes of fatal workplace accidents include:
- Lack of safety devices for employees working at great heights
- Faulty wiring that can cause fires or electric shock
- Negligently hiring inexperienced or unqualified employees
- Failing to place warning signs around wet or slippery floors
Drug companies must test their products for safety and quality standards. If they discover potential risks users could face, they must provide warning labels. Unfortunately, some drugs end up on the market despite the dangers they contain. They could interact poorly with other medications or cause organ failure that results in someone’s death. The most common causes of dangerous drug deaths are:
- Contamination by toxic substances
- Inadequate or missing warning labels
- Failing to adequately test drugs for long-term complications
- Making an error in the design of the drug
If any of these or another cause resulted in your family member’s death, it’s vital that you take steps to hold them accountable. Do not hesitate to reach out to Kherkher Garcia, LLP for a free consultation with one of our Houston wrongful death attorneys. We can review the accident to determine if someone else was at fault and your best options for seeking compensation.
Steps You Should Take After Losing a Loved One
If your family member dies in an accident and you believe someone else caused it, it is your right to hold that person liable and pursue compensation from them. However, it’s crucial that you know what you need to do first and how to handle the months and years ahead. You should immediately seek legal representation from a qualified attorney.
You’re likely unsure how to initiate a claim or lawsuit for a wrongful death case. There are also roadblocks and obstacles you could face. If you don’t know how to overcome them, you could lose your case. That’s why it’s imperative that you allow a Houston wrongful death lawyer to take over while you focus on grieving the loss of your loved one.
Kherkher Garcia, LLP has various resources to uncover the reason for a person’s death and who should be held responsible. We will open a complete investigation, speak to witnesses, gather evidence, and find the necessary documentation to show that you and your family should receive a financial award.
If you come across documents associated with the fatal accident, it’s vital that you don’t get rid of them. Forward them to our office so we can review them. Insurance companies and juries don’t award compensation just because you claim that your relative’s death was someone else’s fault. They need to see solid evidence.
During our investigation, some of the evidence we might need includes:
- Police/incident reports
- Video surveillance
- Accident scene photos
- Medical records
- Statements from witnesses
- Damaged personal property photos, repair or replacement receipts
- Copies of all available insurance policies
- Expert witness testimony
You should also avoid these common pitfalls people make that could delay the progress of your case, result in a dismissed lawsuit, or cause you to receive much less compensation than you deserve:
- Don’t talk to the insurance company. If the insurance representative calls you for details about your loved one’s accident, inform them that you hired an attorney and provide them with our contact information. They might act like they’re on your side and want to help you recover a fair settlement. However, they want to save money, and by denying your claim, they can accomplish that. Kherkher Garcia, LLP can communicate with them throughout your case.
- Don’t sign anything. If the insurance company sends forms to you for a signature, forward them to us first. Some documents waive your right to hold someone else liable for your relative’s death. Others might relinquish your rights to the full amount of available compensation. You shouldn’t complete any forms without consulting us about them.
- Don’t accept a settlement without speaking to your lawyer. If the insurance company offers a settlement, you shouldn’t immediately accept it without speaking with us first. Many people don’t know that negotiations can take place to increase the initial settlement amount. If you’re unrepresented, you might feel tempted to accept any amount of money you can get without realizing you deserve more than what’s on the table.
Whatever the circumstances of the wrongful death, you should take action as soon as possible. Don’t wait months or years before beginning the legal process. Every second counts in cases like this. There are strict deadlines for filing lawsuits, and if they pass, you could lose your right to compensation through the court system.
It’s impossible to compensate for losing someone you love. You can’t bring them back or turn back time to avoid the accident. However, a wrongful death case is meant to ease your financial obligations during this tragic ordeal. The compensation you’re awarded should cover the losses you and your family suffered due to the death.
These losses might include:
- Loss of comfort, love, society, and companionship
- Lost earning capacity
- Mental pain and anguish endured by surviving family
- Loss of inheritance, including anything the deceased would have saved if they were still alive
- Lost services, care, maintenance, counsel, advice, and support provided by the deceased
You might also be entitled to exemplary damages. This isn’t a form of compensation. Instead, it’s a punishment against the at-fault party for their wrongdoing and aims to deter similar future misconduct. You can only recover exemplary damages if you can provide a jury with clear and convincing evidence that the at-fault party acted with gross negligence, malice, or fraud.
Texas Laws Associated with Wrongful Death Cases
There’s a timeframe for suing someone in civil court. This is known as a statute of limitations. Texas has a two-year statute of limitations for wrongful death suits. That means you must initiate legal action within two years from the date your loved one died if you want to seek compensation in court. If the deadline passes, you likely won’t get another opportunity to hold the at-fault party liable for their wrongdoing.
Another state law that could affect your case is known as proportionate responsibility. If a jury determines your relative’s actions contributed in any way to the accident or their fatal injury, you could end up with less compensation than you need. For example, let’s say a jury finds that your loved one shared 20 percent fault for their death. If you incurred $100,000 in losses, you wouldn’t be allowed to seek the total $100,000 in compensation. Instead, you could only pursue up to $80,000. If their actions were more than 50 percent to blame for the accident, you would be prohibited from recovering any of your losses.
Kherkher Garcia, LLP Legal Fees and Costs
The Houston wrongful death attorneys of Kherkher Garcia, LLP understand the financial implications of losing someone in an accident. You’re already facing economic strain and might worry about the costs of hiring a lawyer. Many people decide to handle their cases alone because they don’t think they can afford legal representation.
We take cases on contingency, so you won’t have to pay upfront fees or costs. We’ll only collect our fees if we’re able to recover compensation from the at-fault party. If we lose, you’ll never owe us anything. We believe that everyone deserves the chance to hold people liable and seek compensation. You shouldn’t face financial struggles or debt when you’re grieving your loved one’s loss while you take legal action.
Wrongful Death Frequently Asked Questions
The Houston wrongful death lawyers of Kherkher Garcia, LLP know that the aftermath of a loved one’s death can stir up many emotions. If you’re not thinking clearly, you won’t know how to effectively and efficiently handle the situation. Additionally, most people don’t understand laws regarding cases like this and the steps necessary to hold people liable for their actions. We have answered some common questions we receive from clients, so you know what to expect during the legal process.
Kherkher Garcia, LLP believes people and entities should be held accountable when their mistakes lead to someone’s death. They should face the consequences of their actions. The Houston wrongful death attorneys at our firm will offer the necessary support and compassion to help you get through this difficult time in your life. We will also provide the legal services to seek the full amount of compensation you and your family deserve.
At Kherkher Garcia, LLP, our legal team cares about our clients. From the second you walk into our offices, you will receive personalized attention. You’re not just a number to us. We will treat you as if you were a member of our family. We want to reach a favorable outcome in your case so you can move forward. You will not have to navigate the complicated legal road by yourself. We will be on your side every step of the way until the end.
Do not hesitate to contact us if your loved one died due to the negligent actions of another person. Call us for a free consultation now at (713) 333-1030.