Understanding Wrongful Death Claims
We know how devastating it is when a loved one is taken from us due to someone else’s carelessness. Wrongful death claims arise when someone dies because of another party’s negligence or misconduct. At Juan L. Guerra, Jr. & Associates our lead attorney has more than two decades of legal experience. We are ready to seek justice for families suffering from such tragedies. These cases can include:
- Errors in medical treatment
- Vehicular accidents, including cars and motorcycles
- Exposure to dangerous conditions at work
- Criminal actions
- Fatalities during supervised activities
- Various other accidental or intentional harmful acts
In Texas, the spouse, children, or parents of the deceased can file a lawsuit to seek damages for their loss. We are here to guide you through this process with intelligence, assertiveness and compassion.
If the family does not initiate a claim within three months of the passing, the executor of the estate can pursue a survival claim unless all entitled individuals agree otherwise. A survival claim is one where the personal representative of the deceased’s estate seeks compensation for what the deceased could have claimed had they survived, like pain and suffering.
Our team, with Juan L. Guerra, Jr., at the helm, aims to provide clear, straightforward explanations and to craft a legal strategy that reflects the unique needs of your family.
The Legal Process And Proving Your Case
For us to successfully advocate on your behalf, Texas law requires us to prove several elements:
- The defendant owed a duty of care to the deceased, be it as a caregiver, employer or otherwise.
- This duty was breached through wrongful acts or inaction.
- The wrongful act, neglect, or carelessness of another was the direct cause of your loved one’s death.
- The breach resulted in the injuries that caused the death, and monetary damages followed.
Even if the death of your loved one was a result of a crime, we can still pursue a civil claim independently of any criminal proceedings. And while the statute of limitations is typically two years, we will let you know of any exceptions that may arise in your case.
Compensation And Seeking Justice
When a wrongful death claim is successful, the jury awards damages based on the injury resulting from the death. Compensation may cover:
- Loss of financial support
- Loss of companionship
- Mental anguish of survivors
- Pain and suffering experienced by the deceased
- Medical expenses
- Funeral and burial costs
In cases of willful acts or gross negligence, we will also seek punitive damages to hold the wrongdoer accountable beyond the losses. Our goal is to ensure you receive the full compensation you deserve.
Contact Us For Compassionate Legal Help
We understand this is a difficult time, and we want to help. For a personalized approach to your wrongful death claim and a free consultation, please call Juan L. Guerra, Jr. & Associates in Houston at 713-396-5900 or send us an email, so we can assist you in finding justice and peace.