Introduction
At Garrity Traina, our Houston, Texas wrongful death law firm has a proven track record of success. We have recovered billions of dollars on behalf of our clients and have a deep understanding of the complexities of wrongful death cases. When you choose us, you can trust that we will fight for justice on your behalf. Here’s why you can have confidence in our firm:
Experience and Expertise
We have a wealth of experience in handling wrongful death claims. Our team of dedicated attorneys has successfully represented clients from all 50 states, winning cases that have set both state and national records. You can rest assured that we have the knowledge and expertise to navigate the legal system and achieve the best possible outcome for your case.
No Win, No Fee
At Garrity Traina, we believe that everyone deserves access to justice. That’s why we operate on a contingency fee basis. This means that you do not have to pay us unless we win your case. We understand the financial burden you may be facing, and we are here to take on all the risk and fight for the compensation you deserve.
Free and Confidential Consultations
We offer completely free and confidential consultations to discuss your case. We understand that this is a difficult time for you and your family, and we want to provide you with all the support you need. Our compassionate attorneys will listen to your story and provide you with an honest assessment of your legal options. There is no obligation to hire us, but if you choose to do so, you can trust that we will be by your side every step of the way.
Wrongful death occurs when one person’s negligent or intentional actions lead to the death of another. It is important to note that not every incident that causes the death of another qualifies as a wrongful death claim. To be considered wrongful death, the death must have been caused by the negligent or reckless behavior of another.
For example, car accidents caused by drunk driving or texting, workplace accidents due to lack of training or supervision, drowning accidents due to property damage, and defective products or drugs that cause death can all potentially qualify as wrongful death claims.
Each state has distinct statutes that govern wrongful death claims, including the time frame for filing a claim, the eligible individuals who can file, and the types of damages that may be awarded.
When an individual loses their life due to the negligent actions of another, their family members have the right to seek justice. Even if the responsible party is already facing criminal charges, a separate civil lawsuit can be pursued through a wrongful death claim. This is particularly important when a company is responsible for the death, as it may be the only available recourse.
Wrongful death claims seek to compensate the family for the financial burden imposed by the death, including lost income, medical costs, and compensation for grief. In a wrongful death case, the burden of proof lies with the defendant, who must demonstrate that they did not cause the death.
Wrongful death claims can arise in various situations. Two of the most common scenarios involve fatal work accidents and fatal motor vehicle accidents.
If a person is killed while on the job due to the negligence of another, their family may be able to pursue a wrongful death claim in addition to a workers’ compensation claim. Similarly, if a person is killed in a traffic accident caused by another driver’s violation of traffic laws or due to a defective airbag, a wrongful death claim may be appropriate.
It is crucial to consult with an experienced attorney to determine the parties at fault and the specific legal options available in your case.
Survival damages refer to compensation awarded in a “survival action.” This type of legal claim allows the deceased person’s estate to pursue losses and damages the person would have been eligible to recover if they had survived the incident. Survival damages can include medical expenses, pain and suffering, and lost wages or earning capacity.
It’s important to note that survival damages are separate from damages awarded in a wrongful death claim. Wrongful death claims focus on the losses suffered by eligible family members, while survival actions address the losses experienced by the deceased before their death.
When children are involved in wrongful death cases, the law protects their interests through a guardian ad litem (GAL). A GAL ensures that the child receives fair representation and a fair share of the compensation awarded in the case. Courts appoint a GAL because they understand that children cannot act in their own financial interest.
If you need assistance navigating the complexities of a wrongful death case involving children, our experienced attorneys at Garrity Traina can provide you with the guidance and support you need.
To successfully bring a wrongful death suit, substantial evidence is necessary. Proving negligence involves demonstrating that the responsible party owed a duty of care to the deceased, breached that duty, and caused the death as a result. In cases involving criminal actions, proving intent may also be required, which often entails gathering extensive evidence, witness testimony, expert opinions, and thorough legal investigation.
At Garrity Traina, we have the resources and expertise to build a strong case on your behalf. We will leave no stone unturned in our pursuit of justice for you and your family.
If you have lost a loved one due to someone else’s negligence, we are here to help. Contact our Houston wrongful death attorneys at Garrity Traina for a free and confidential consultation. We have a proven track record of success, having recovered billions for our clients.
For example, we represented the family of a 58-year-old man who was killed after falling 12 feet in a parking lot. We discovered that the parking lot violated safety regulations, and our attorney, Jason Itkin, secured a $2.9 million verdict for the family, despite the defendant’s initial settlement offer of only $200,000.
We are experienced trial lawyers who are committed to your success. Browse through our victories and learn more about our firm at Garrity Traina. If you would like to discuss your case, call us at (888) 493-1629 or fill out our online case evaluation form. We are here to support you and your family during this difficult time.
