Wrongful Death


Initiating a Wrongful Death Suit: The Basics


While some of us are lucky enough to say that we have yet to lose someone we truly love, the truth is that countless individuals deal with such losses every second of the every day. When someone who played a major role in your life is gone, picking up the pieces can drain take all the strength you have left. For most, they will eventually find closure and hold the memory of those they lost dear.

However, for those who lost a loved one due to the negligence of others, matters are quite different. At the J. Gonzalez Law Firm, in addition to our extensive knowledge of personal injury lawsuits, we also have expertise in a variety of different cases, including wrongful death. If someone you loved dearly was killed due to the carelessness of another party, we can help you and your family get the justice your deserve today.

As wrongful death suits cover everything from construction accidents to car collisions, it’s important to know the facts if you suspect your loved one was a victim. While we know that your life will never be the same without that person, we have made it our mission to empower you and instill you with confidence within you if you lost a loved one to wrongful death.

In order to understand this type of lawsuit strategically, it’s important to know the ins and outs of initiating a wrongful death case:

The statute of limitations in all states gives you at least one year to file a wrongful death suit.

As stated previously, when you lose someone you care about, filing a wrongful death lawsuit is probably the last thing on your mind. However, as the law gives you one year to do so, it’s important to act fast and speak with your lawyer today if you suspect wrongful death played a role in the loss of your loved one.

Acting quickly will assure that the details of your loved one’s death are fresh in your mind so that you may help them attain the justice they were deprived of.

The Process

While the particular course of action you take will differ according to your situation, follow these guidelines for some insight on what you should do if you suspect wrongful death was a factor in the loss of your loved one:

  1. Determine whether or not your loved one was pursuing a personal injury case against the defendant (the party you believe is responsible) before he or she died.

      There are survivor statutes that allow you to pick up the suit on behalf of your loved one.

      This personal injury case will be separate from any wrongful death suit you are filing, but it is likely the two will be wrapped up into one trial or settlement.

      Discovering lingering personal injury claims is key.

If your loved one died in a work- related incident, searching for any records of lost personal injury cases is vital so that you and your family may receive the aid and closure you need to move forward.

  1. Most importantly, determine if you are permitted by law to file a wrongful death suit

This is contingent on the following:

      Your relationship to the victim

      Your state of residence

      The decedent’s will

If there is no will:

      You must be an adult

      You must be directly related to the victim (spouse, child, etc.)

*Sometimes the person who files a wrongful death suit is not the same person who will benefit from the awarded money. There are clear laws regarding who can legally be a beneficiary. If you have any questions about this subject, consult with your lawyer today!

Know the basics about estates

When you lose a loved one, their possessions, property, money and other assets so forth are collectively referred to as an ‘estate.’ In a wrongful death lawsuit, there is a possibility that the damages collected will not be awarded to a beneficiary, but to an estate (which can include multiple people in some circumstances).

Proceeding

If you have determined whether or not your loved one was in the midst of filing a personal injury suit and you have the right to file a wrongful death suit, it’s time to meet with a lawyer and file. It will then be your task to prove that another party committed a mistake that lead to the death of your loved one.

Between funeral expenses, medical bills and the terrible horrible grief losing a loved one causes, now is not the time to face filing a wrongful death lawsuit alone. If you suspect your loved one died as the result of another party’s negligence, call the J. Gonzalez Law Firm at 1800-car-crash and allow us to be your ally during this difficult process today.

Drunk Driving Related Accident in Lubbock Results in Man’s Death


Alcohol and driving do not mix as impaired judgment increases when a driver is under the influence. Danger can easily appear on our streets when people choose to get behind the wheel after a night of drinking. This action often comes with serious consequences as seen in an accident in Lubbock involving a drunk driver.

If you or someone you love has been the victim of a drunk driving accident, contact our staff of knowledgeable attorneys to find out more about your case.

A Damaging Outcome

According to the Texas Department of Public Safety, the driver allegedly responsible for the accident had a blood-alcohol level of 0.26, over three times the legal limit of 0.08. The victim in the collision was placed on life support but died a month after the accident, while two other passengers were uninjured.

After the last arrest, a Lubbock County judge ordered the driver to have an ignition interlock device installed in his vehicle. The man was indicted on an intoxication manslaughter charge in mid-November of 2015.

In the State of Texas, a plea bargain for a conviction of reckless driving involving alcohol cannot be reached due to statute. As a result, drunk drivers cannot lessen the offense. First, second and third offenses can range from of a fine of $2,000 up to $10,000 for the third offense with possible incarceration. The consequences for driving drunk is having a driver’s license suspended for up to two years with the driver also being ordered to install an ignition interlock device at their own expense.

Justice for the Victims and Family

If you or a loved one has been the victim of someone else’s negligence, you may be eligible to fight for the compensation you rightfully deserve. At the J. Gonzalez Law Firm, we know how difficult it can be to overcome drunk driving-related accidents. Get in touch with us today in McAllen to explore your options.

Harlingen Police Crack Down on Drunk Driving for Cinco de Mayo Weekend


According to a news report, in 2014 alone, Harlingen police made 285 DWI arrests and reported 54 DWI crashes involving one intoxication assault and one death. Now, the police department is ready to crack down on more cases of drunk driving to help keep the public as safe as possible. With the implementation of the “no refusal” policy, Harlingen police will be able to perform a mandatory blood test to any drunk driving suspects who refuse a breathalyzer test.

Swimming Pool Death in Harris County Leads to Lawsuit


Swimming Pool Death in Harris County Leads to Lawsuit

The hot temperatures of the Texas summer months go hand-in-hand with the refreshing fun of a swimming pool party. These social gatherings allow people a chance to cool off while enjoying some quality time with friends and family. However, these swimming pool parties can sometimes pose a great danger to any unsuspecting guest. These dangers became a terrifying reality for two Harris County parents after their daughter drowned at a pool party.

Cloudy Hazards

premises liability claimThe accident occurred at a home where the two parents and their 4-year-old daughter were attending a birthday party. According to the parents, many guests were swimming in the backyard pool, making the water dirty and murky to the point where visibility was steadily decreasing. The daughter disappeared when she was playing in a sandbox and was found 30 minutes later, after frantic searching, at the bottom of the swimming pool.

The parents claim they weren’t able to see their daughter in the pool due to the water’s murkiness. Now, they have filed a lawsuit as individuals and as next friend of their daughter against the homeowner with the Galveston County District Court. The claim accuses the defendant of premises liability and negligence for failing to supervise and lifeguard his pool, properly gate and fence the pool, and subside a hazard in his property. The couple is seeking over $1 million in wrongful death damages.

Fighting for You

Stories like these remind us of the importance of fighting for justice after an unfortunate event. An accident at someone else’s home or establishment can potentially bring you or your loved ones catastrophic injuries or worse, but know that you’re not alone.

The J. Gonzalez Law Firm is determined to take a stand for you during these difficult times. Our premises liability attorney will evaluate every piece of evidence in your case to build a solid plan of action. Your compensation is our goal and we will work diligently to make it a reality. Find out how we can handle your case by contacting our office in McAllen today.

Trucking Accident Claims Man’s Life, Comedian Tracy Morgan Left Seriously Injured


Trucking Accident Claims Man’s Life, Comedian Tracy Morgan Left Seriously Injured

The open road can be an intimidating thing to deal with, especially when the towering shape of a semi-truck appears when you least expect it. About 500,000 accidents are attributed to these massive vehicles every year and 5,000 of them result in fatalities. A truck accident can be devastating enough to completely change or end a life and can leave one’s family with the stress of paying medical bills and funeral fees. Unfortunately, for a group of people in New Jersey, a trucking accident has resulted in injuries and a death which are making national headlines.

Dangerously Tired

Famed comedian and actor Tracy Morgan was left seriously injured early Saturday when his limousine was struck by a Walmart semi-truck driven by 35-year-old Kevin Roper. The accident claimed the life of Morgan’s mentor and fellow comedian, James McNair, and resulted in serious injuries for three other passengers. Morgan, along with the three others injured, was hospitalized and underwent surgery to repair a broken leg. Reports revealed the comedian’s injuries included broken ribs, a broken nose, and a broken femur. According to Morgan’s spokesman, the comedian is in critical condition but has shown signs of responsiveness.

Authorities revealed the truck’s driver had been awake for over 24 hours prior to the accident. His fatigue allegedly kept him from noticing slow-moving traffic and led him to crash into the limousine, causing it to hit other cars, spin, and flip over. Roper was arrested and charged with vehicular homicide and assault by auto. He was released on a $50,000 bail Saturday night and is expected to attend court later this week.

Fighting the Damage

A trucking accident can leave you and your family with irreparable damage along with the debilitating stress of having to pay medical bills, car damages, and funeral fees. They can happen anywhere, even in Texas. If you have been a victim of a trucker’s negligent driving and need the monetary compensation to help bring normality back into your life, the law offices of the J. Gonzalez Law Firm can help.

It’s unfair to be the victim of a devastating car accident that occurs due to negligence as well as having to deal with any resulting financial stress. With our personal injury attorney by your side, you are guaranteed determination, expertise, and thorough professionalism that will aim to construct an effective strategy to fight your case. It’s time to take a stand against injustice and claim the compensation you so rightfully deserve.

Committed Representation

Don’t let the effects of a trucking crash take the joy out of your family’s life. The J. Gonzalez Law Firm has the legal advice and representation you need to take that first step in the path to recovery. For more information about our expert legal services, contact our McAllen office today.

Woman Killed in Car Crash Caused by Intoxicated Driver in Houston


Woman Killed in Car Crash Caused by Intoxicated Driver in Houston

Cars are a big necessity in our everyday lives, but like almost everything, they tend to break down from time to time. A vehicle malfunction while driving can be dangerous, but you never imagine trouble will appear once you’ve pulled over to take a look under the hood. This proved to be tragic for a group of people in Houston who never imagined a drunk driver would collide with their vehicle soon after pulling off of the road to check on their car’s malfunction.

In Harm’s Way

The accident occurred at 3:15 a.m. on North Sam Houston Parkway after a Lexus Sedan’s hood popped open when the rope that was holding it closed detached. The woman driving the vehicle turned on her hazard lights and pulled off to the side to fix the problem with a male passenger while two other passengers waited in the backseat.

According to authorities, the man and woman saw a truck approaching their vehicle at high speed and attempted to signal it away from them. Tragically, the truck rear-ended their vehicle. The man and woman jumped out of the way and sustained no injuries, but one of the passengers, a 23-year old woman, was ejected from the vehicle and died at the scene while the other suffered serious injuries.

Police say the 19-year-old man driving the truck, was intoxicated at the time of the accident. He was arrested at the scene and taken to Harris County Jail where he was charged with intoxicated assault with a vehicle and intoxicated manslaughter with a vehicle.

Finding Closure

An event like this can have a long-lasting impact on your family’s life. The loss of a loved one is irreparable but you can seek closure by fighting for the justice you and your family so rightfully deserve. Our McAllen team of legal experts is led by a skilled wrongful death attorney who will work dutifully and diligently to bring you justice. Our services guarantee determination when constructing an efficient legal strategy that can work to keep you from paying the medical bills and funeral fees caused by someone else’s negligence.

At Your Side in Times of Need

You are not alone in the fight for justice. Let our attorney and his team of legal professionals work with you on the path to closure. Contact our offices in McAllen today for more information about our legal services.

Alleged Drunk Driver Causes Accident, Woman Killed


Alleged Drunk Driver Causes Accident, Woman Killed

You, like most people, would likely agree that driving involves much responsibility and concentration. You sit inside your vehicle and zoom around town at various speeds, but nothing should go wrong when you stop at a red light, right?  Unfortunately, for a group of people from Montgomery County, the “safest” time to be in a car proved to be a fatal one.

Demise at a Light

According to Montgomery County, Texas police, an SUV carrying four people was stopped at a light when a Dodge 3500 pickup truck, driven by a 27-year-old man, rear-ended it at high speed during the early morning hours of April 27th. The force of the impact was so strong that it crushed the SUV and flipped it over while the pickup truck smashed into a utility pole. A 24-year-old woman died at the scene while a 65-year-old man and their two teenagers were taken to a hospital with minor injuries.

The 27-year-old was allegedly intoxicated and fled the scene of the crash but was caught after he checked into a Conroe hospital with a broken arm. Police charged him with intoxication manslaughter, intoxication assault with a vehicle causing serious injury, two counts of aggravated assault and failure to stop and render aid.

Seek Justice

Nothing will ever fill the void left by the loss of a loved one, but you can fight for what is right and seek the justice you and your family deserve. If you have ever experienced the death of a relative at the hands of a negligent or intoxicated driver, a wrongful death attorney is here to help you in the journey to find closure. The death of a loved one can come with medical bills, funeral fees and wage losses, all of which you shouldn’t have to deal with. Our wrongful death attorney can provide you with an effective legal plan to get the compensation you and your family deserve. Act now and find the closure you’ll need in your life.

Let Us Help You

You don’t have to fight a legal case on your own. Our team of legal experts and our skilled attorney will take a stand for you and help you through these difficult times. Visit our McAllen location for more information about our wrongful death lawsuit services.

Suspected Drunk Driver Could Face Additional Charges after Victim Dies in Hospital


Suspected Drunk Driver Could Face Additional Charges after Victim Dies in Hospital

Losing a loved one can be an extremely painful situation, especially if their death was caused by a hit-and-run accident. Not only will you live a life without this person at your side, but you will have to deal with the stress of medical and funeral fees. A family in Plano may be too familiar with this situation after their loved one, a victim of a hit-and-run accident, died in a hospital after sustaining serious injury.

Danger at the Wheel

The night of April 17th turned tragic when a 22-year-old man drove into four people in a parking lot on northbound Central Expressway. According to witnesses, the man was giving problems to the bouncers at a bar moments before entering his car, seemingly agitated. Sources are unsure if he lost control of his vehicle or purposely drove into the four pedestrians in a fit of anger.

After the accident, the man drove away but was later caught and arrested by police. He was charged with intoxicated driving and causing an accident involving injury but the developing events may bring additional charges. The death of a 23-year-old victim who suffered the most serious injuries, could potentially bring more charges for the alleged wrongdoer to worry about.

Finding Justice

The victim’s family, like many others who have lost someone to a hit-and-run accident, will never fill the void left by his death, but they can still seek justice and find the closure they deserve. If you or a loved one has been a victim of a drunk driver or a hit-and-run accident, a team of professionals are ready to provide you with the legal advice you need to find the justice and compensation you deserve.

Our legal offices in McAllen contain everything our attorney needs to craft an effective legal strategy for you. There’s no reason why you should live with the burden of medical bills, loss of wages or funeral fees, so act now and let us help you.

At Your Side

You don’t have to fight for justice on your own. Our attorney and his legal team are determined to fight and win for you. Don’t hesitate to seek our help; justice is just one phone call away.

Grandmother’s Death in Hospital Morgue Triggers Family Lawsuit


Grandmother’s Death in Hospital Morgue Triggers Family Lawsuit

A California family has been allowed the motion to carry a lawsuit against a hospital after an 80-year-old grandmother died under mysterious circumstances. According to the family attorney, the woman was presumed dead and placed in a body bag only to wake up in the hospital’s freezer and die shortly after.

Family Seeks Justice

The outraged and devastated members of the family have made a claim that says the grandmother was prematurely declared dead and placed in a body bag by hospital staff. According to their attorney, the woman’s body was found upside down inside the bag, which shows her attempt to free herself. He then revealed that mortuary staff was unable to use makeup to cover up the woman’s broken nose and self-inflicted facial wounds.

The family had initially filed a lawsuit for mishandling the woman’s body, but when their hired experts found that the injuries she had sustained were not a result of a heart attack, but rather, struggling and hypothermia, a new lawsuit was filed. The new lawsuit, which will be subject to jury trial, holds the medical center responsible for negligence and wrongful death.

Find the Justice You Need

Losing a loved one can bring you insurmountable emotional pain, especially if their death was due to negligence. Funeral expenses, medical bills and loss of wages can make this situation even more unbearable. If you have lost someone as a result of a wrongful death, we can help you get the compensation you deserve.

It’s terrible to imagine this family’s situation happening to you. A wrongful death can happen anywhere, even in Texas. Know that our team of attorneys in McAllen will work with you to help you understand and follow the procedures needed to file a wrongful death lawsuit. We will devote all the time needed to construct the perfect plan of action to bring justice to you and your family.

Let Us Help You

Don’t fight for justice on your own. Our team of attorneys is determined to work hard for your family to help you overcome the tragic circumstances of your loss through a wrongful death lawsuit. Your journey to possible financial stability following your loved one’s death starts here.

Dow Chemical Plant Accident Leads To Wrongful Death Lawsuit


Friendswood, Texas resident Brian Johns was killed in 2012 following injuries sustained from an explosion at a Deer Park Dow Chemical Plant. His mother and son have filed a wrongful death lawsuit against the company, two employees and a subsidiary. The suit was filed on April 1st, 2013 at the Harris County Probate Court. It is seeking damages for pain and suffering, loss of inheritance, loss of earnings and loss of companionship. The amount being sought has not been made public.

Johns’s death occurred on July 17th of last year when he attempted to replace a filter for an ammonia recycle unit. An explosion occurred, causing caustic chemicals to spill on the victim. He suffered third degree burns on 65 percent of his body. He died a month later. The suit alleges that the company was aware that the filter unit was not in working order and posed a hazard. Also, the defendants allegedly did not provide safety equipment to workers.

Contact Us

If you have suffered work-related injuries or have lost a loved one in a similar manner, contact a McAllen personal injury attorney from the J. Gonzalez Law Firm at 956.630.6700.