An ordinary day at home, on the road, or even at work could turn fatal if one or more parties do not live up to their obligation to protect others. A single moment of negligence can destroy lives and families.
If you are dealing with the unexpected loss of someone you love, please accept our deepest sympathies. A Texas wrongful death lawyer from our firm can help you fight for justice by seeking a settlement or even taking your case to court.
What Wrongful Death Damages Can Do for You
No compensation can ever make up for the fact that your loved one was taken before their time and that your family can never be whole again. However, this does not mean fighting for damages is not worth the effort. On the contrary, doing so can:
- Ensure that whoever caused the fatal accident is held responsible for their negligence or recklessness
- Get you the money you need to pay off any of your loved one’s outstanding debts, including medical bills
- Get you money with which you can start to rebuild your life and ensure your loved one’s dependents are not deprived of life’s necessities
Furthermore, you do not have to go through the process of seeking damages by yourself. The Domingo Garcia team can ensure you take all the right proper and seek a fair amount of money based on the losses you and your loved one sustained.
Damages You May Qualify For
If your loved one completed a personal injury action before they passed, you could not seek compensation for items they already sought and received money for. If they did not meet such an action, we can help you calculate what they should have received and pursue a case for that amount. Examples of personal injury damages include:
- Pain and suffering, if your loved one experienced any mental or physical anguish before their passing
- Reduced quality of life, if your loved one’s injuries kept them from taking care of themselves or thoroughly enjoying their life in their final days
- Disability, if your loved one’s injuries had a long-term effect on how they could walk, talk, express their emotions, move their body, and so on
- Loss of consortium, if your loved one’s relationships with others suffered in any way between the accident and their passing
- Medical bills, if your loved one survived long enough to get to a hospital or undergo any form of treatment for their physical and psychological wounds
- Miscellaneous bills, if your loved one needed hired help to take care of their home or dependents
- Property damage, if any of your loved one’s property (particularly a motor vehicle) needed repairs or to be replaced
- Loss of earning capacity, if your loved one was so severely injured that they were no longer healthy enough to work full-time or at all following the accident
It is essential not to overlook your suffering when filing a wrongful death case. You could also be eligible for compensation based on:
- Loss of companionship, if having to live without your loved one has placed an undue emotional burden on you and your family
- Bereavement, if you have experienced great grief and sadness since receiving the news of your loved one’s passing
- Loss of financial support, if you relied on your loved one’s income to pay bills, support you, or support your children
- End-of-life expenses, if you spent any money on putting your loved one’s affairs in order or ensuring they were properly laid to rest
How to Calculate Wrongful Death Damages
As part of your legal action, you must send a demand letter to the at-fault party or parties. This demand letter includes:
- The details of the accident
- How the at-fault party contributed to the accident
- How you and your family have been impacted by the accident
- How much money do you want their insurance company to pay in damages
- What actions do you plan to take if they do not respond to the demand letter in a satisfactory manner
Domingo Garcia can ensure that the amount of compensation you ask for accurately reflects your past experiences and future needs, as well as any insurance limits in place. We do this by:
- Looking over all accident-related bills or receipts you have, including statements for medical treatment or burial
- Asking experts to assess the value of the lost wages and property
- Reviewing medical records and asking a doctor to evaluate the pain your loved one’s injuries caused before they passed away
- Using legal formulas to calculate the total worth of your and your loved one’s suffering
When to File for Damages
Texas law includes a statute of limitations or a deadline before wrongful death victims must begin their cases. If you miss this deadline, you cannot file your case or receive any damages.
Per Texas Civil Practice and Remedies Code § 16.003, most wrongful death victims have two years from the accident date to get started. The earlier you begin your case, the more time you give us to ensure:
- Your case is valid and still falls within the statute of limitations
- We have time to gather sufficient evidence before it is forgotten, misplaced, or destroyed
- You get the money you need promptly
Our Lawyers Fight for Your Rights
For over 35 years, Domingo Garcia has been helping people like you navigate the legal system and receive just compensation after preventable, fatal accidents. In that time, we have secured settlements as large as $3 million for wrongful death clients.
One of our Texas wrongful death lawyers would champion your rights throughout your entire lawsuit, no matter how complicated it turns out to be. We can protect you in the following ways:
We Speak to Others on Your Behalf
It is usually not a good idea to try to speak on your behalf during a lawsuit. This is because the liable party’s lawyer and their insurance company have a vested interest in downplaying the harm their client has caused—and, therefore, reducing the amount of money you can receive.
Domingo Garcia would be glad to serve as a buffer between you and the other side by:
- Accepting all calls, texts, faxes, and emails from them
- Relaying the content of their communications to you and then telling them what your response is
- Explaining the nature of their communications, if you are unclear on the meaning behind their statements or offers
- Arranging a time to meet with them so we can discuss your case and negotiate for an equitable settlement agreement
We Handle Tasks Big and Small
A wrongful death lawsuit involves many moving parts. Losing track of just one, even a seemingly minor one could endanger your case. By hiring one of our Texas lawyers to handle your wrongful death case, you gain an ally who can manage all of those tasks, including but not limited to:
- Investigating the accident so we have the most precise possible picture regarding what happened, who is responsible, and what the consequences were
- Collecting evidence from all available sources, including the police, the coroner, medical records, video or photographs, and even the liable party
- Preparing and filing legal paperwork with the appropriate parties at the correct times
- Going to court and fighting for a jury award if recovering a settlement is not possible for any reason
We Care for You
Our firm understands how difficult it is to cope with a loved one’s sudden, unnecessary death. We fight hard for every one of our clients, but we also take the time to address any concerns or uncertainties they may face. Our team can:
- Provide a free, no-obligation case review over the phone at any time
- Charge no attorney’s fees unless and until you recover compensation
- Assist you in Spanish
- Respond to all of your questions by phone or by email promptly
- Explain the pros and cons of each legal option you have
- Give you the time you need to grieve your loved one’s passing and figure out what to do after the lawsuit
Injuries that May Lead to Wrongful Deaths
Any catastrophic injury could prove fatal if:
- Help does not reach the person in time
- The person was in a high-risk category based on their age, preexisting medical conditions, or another factor
- The person sees a doctor who does not provide an adequate standard of care
- The injury is so severe that it causes death instantaneously and cannot be treated
Examples of such injuries include:
- Concussions
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Deep lacerations
- Severed limbs
- Infections from untreated or poorly treated injuries
In addition to injuries, you could potentially file a wrongful death case over a severe illness, like cancer. In such cases, you contend that your loved one would have been far less likely to contract the disease if the liable party had not carelessly or purposely exposed them to:
- A toxic chemical
- A faulty product
- A dangerous environment (e.g., proper training or safety equipment was not provided to those handling dangerous materials)
- A virus
Where Wrongful Deaths Happen in Texas
Being around others is not generally dangerous. In fact, most people understand that being part of a society and interacting with others comes with specific responsibilities. Unfortunately, it only takes one inconsiderate person to cause catastrophic, even lethal, injuries. This could happen almost everywhere, including:
On the Road
The Texas Department of Transportation (TxDOT) reports that 4,489 people were killed on Texas roadways in 2021, the highest number in nearly twenty years. These deaths represent an economic loss of $51.4 billion.
Fatal traffic accidents can involve cars, trucks, motorcyclists, bicyclists, pedestrians, and any combination thereof. Types of potentially fatal traffic accidents include:
- Jackknife accidents, where a tractor-trailer bends in the middle
- T-bone accidents, where one vehicle slams into the side of another
- Single-car accidents, where a vehicle hits a stationary object like a lamppost or a tree
- Drunk driving accidents, where a driver makes a bad decision because they are under the influence of alcohol or drugs
- Road rage accidents, where a driver behaves in a dangerous, irrational manner and even tries to hurt others with their vehicle intentionally
On the Job
Some workplaces are more dangerous than others. A Texas Department of Insurance (TDI) report states that of 469 total workplace fatalities in 2020. The report lists workplace injuries that tend to lead to casualties. They include:
- Motor vehicle accidents, such as when a company-owned car or truck hits someone else
- Falls, such as when someone falls off a scaffold or ladder or when pits in the ground are left unguarded
- Harmful materials, such as if someone regularly works with asbestos, radioactive materials, or very hot or very cold items
- Equipment-related accidents, such as if someone gets caught behind or beneath a heavy piece of machinery
At the Doctor’s Office
Medical malpractice kills hundreds of thousands of Americans every year. Some malpractice incidents may involve honest mistakes by overworked healthcare professionals, while others may result from apathy or neglect. Either way, there is no excuse for a fatal medical error such as:
- Prescribing the wrong medicine
- Prescribing the wrong dose of a medication
- Making a diagnosis without running or correctly examining reasonable diagnostic tests
- Failing to work with the patient’s other medical caregivers
- Providing treatment that is unnecessary
- Withholding necessary treatment
On Another Person’s Property
Whether visiting a friend’s house or patronizing a business establishment, you expect the property owner to keep the inside and outside of the building in good repair. Someone could be seriously injured if they do not:
- Mow the lawn and otherwise take care of the yard
- Clean up slick spots and obvious trip hazards
- Repair broken stairwells, walkways, patios, and other hazards
- Close off a swimming pool by using a cover or placing a fence around it
- Keep their dangerous dog properly restrained
Other Locations
Sometimes, it is not a specific place that poses a hazard but an object. In a product liability case, the manufacturer of an object has failed to do one or more of the following:
- Use high-quality materials in the creation of the product
- Properly label the product to include clear warnings about potential hazards regarding its intended and improper use
- Test the product to make sure it works as intended without dangerous side effects
- Recall the product the moment they have reason to believe that it could be hazardous to customers
Any object can have a fatal flaw if the above steps are not followed. If your loved one was sickened or injured after using a defective car part, tool, medical product or medication, appliance, chemical, or another object, a Texas wrongful death lawyer from Domingo Garcia could help determine your next steps.
Who Is Responsible for a Wrongful Death?
Determining who is responsible for your loved one’s fatal accident is one of our most important jobs. Without this information, you cannot file a lawsuit, or you could end up letting an at-fault party “off the hook” for the damage they inflicted.
The liable parties we can investigate depend on where and how your loved one’s accident happened. For instance:
Motor Vehicle Accidents
If your loved one passed away due to traffic accident injuries, we could look into suing one or more of the following:
- A driver
- An auto part manufacturer
- A mechanic
- A trucking company
- A cargo loader
- A government agency
Workplace Accidents
Possible liable parties in workplace accident cases include:
- Your loved one’s employer
- Their coworker
- A contractor or subcontractor
- A manufacturer
- A supplier
Medical Malpractice
Any medical professional can open themselves up to a lawsuit if their actions cause someone else to pass away. This includes:
- Primary care providers
- Nurses
- Therapists
- Anesthesiologists
- Surgeons
- Specialists, such as a cardiologist or a urologist
- The healthcare institution that employs negligent practitioners
Premises Liability Accidents
In most such cases, the property owner is the at-fault party. However, we do not take this for granted. We can investigate the owner as well as:
- A property manager
- A landlord
- A materials manufacturer
Product Liability Cases
The company responsible for manufacturing a faulty product is the most likely liable party. We can also look into the actions of:
- A packager
- A distributor
- A government inspection agency
How to Prove a Wrongful Death Case
As discussed, Domingo Garcia can investigate your loved one’s cause of death and collect various pieces of evidence to prove that the liable party should pay your damages. When we do this, we are trying to find proof of the following four points:
- The liable party owed your loved one a duty of care. For example, their doctor had to provide competent care, or a driver should have been following the speed limit
- The liable party did not provide the required duty of care. The doctor did not prescribe the proper treatment, or the driver chose to exceed the speed limit.
- This breach of duty harmed your loved one. The incorrect treatment allowed a fatal condition to develop, or the driver hit their car at a high rate of speed.
- The harm your loved one suffered had fatal consequences. The incorrect treatment or the high-speed collision led to their death, forced them to incur high medical expenses, and deprived surviving relatives of their presence.
Every wrongful death case must prove these points to recover compensation. The insurance company may try to keep you from doing so by:
Distorting Your Testimony
You can probably have to answer the insurance company’s questions concerning what you know about the accident and your loved one’s injuries. They might even ask for a recorded statement so they can listen to your words repeatedly, seeking a way to use them to poke holes in your story.
Undervaluing Your Case
Some insurance companies may offer a fast settlement, which you may be tempted to take if you struggle financially. However, “quickie” settlements do not always reflect your case’s total worth. They may:
- Find reasons to avoid paying for a particular medical treatment
- Claim your loved one was injured before the accident—for example, they could say your loved one already had back pain, so they should not have to pay for anything related to treating back pain
- Insist you take the settlement because they can not offer a higher one
Blaming Your Loved One
The more significant share of blame the liable party holds, the more they would have to pay in damages. Their team might try to minimize your payout by finding a way to blame your loved one for the accident or the severity of their injuries. They could say to your loved ones:
- Did not wear their seatbelt in a car wreck, and that they would have survived had they done so
- Was not using a product as instructed
- Did not seek medical care fast enough
- Caused the accident themselves by being reckless
Protect Your Rights Following a Wrongful Death
Domingo Garcia understands how scary it is to deal with the legal system and the insurance companies while also processing a loved one’s death. We want you to know that we are here for you.
Our team knows how to respond to lowball settlements and unfounded accusations about your loved one’s behavior. We can handle your case with all the seriousness, respect, and professionalism it warrants as we fight for the money you—and your loved one—deserve.
Our Team Handles Wrongful Death Cases
Domingo Garcia’s Texas personal injury lawyers can take care of all legal matters for you following a wrongful death in Texas. This includes assigning a lawyer to collect evidence, fight hard for the right amount of compensation, and take the legal burden off your shoulders. We are here to assist you with any questions or concerns and can help you get through this challenging time. Be sure to contact us today for a free case review.
