San Antonio Wrongful Death Lawyers
Wrongful Death Lawyers Serving Injured Clients in San Antonio and Surrounding Communities
If you have lost a loved one to negligence or reckless behavior, call the San Antonio wrongful death attorneys at the law firm of Thomas J. Henry. The sudden loss of a family member to an injury or accident is devastating. The emotional pain is crippling, and the financial uncertainty that follows can leave you without any sense of hope.
When someone loses a loved one to negligence or reckless behavior, they should not be left to face these outcomes alone. Our San Antonio wrongful death attorneys are committed to fighting to ensure that the negligent party is held responsible for ALL possible damages, from lost income and medical expenses to the continued pain and suffering of family members.
The sudden loss of a family member to an injury or accident is devastating. The emotional pain is crippling, and the financial uncertainty that follows can leave you without any sense of hope. When someone loses a loved one to negligence or reckless behavior, they should not be left to face these outcomes alone.
Our San Antonio wrongful death attorneys are committed to fighting to ensure that the negligent party is held responsible for ALL possible damages, from lost income and medical expenses to the continued pain and suffering of family members.
Filing a Wrongful Death Lawsuit in San Antonio
Wrongful death lawsuits allow families to seek compensation for damages associated with the death of a loved one. According to Chapter 71 of the Texas Civil Practice and Remedies Code,
“A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”
This means that in situations where negligence or recklessness resulted in the death of your family member, you are able to seek just compensation for any damages arising from their death.
In San Antonio, wrongful death claims can be filed by:
- Spouses
- Children
- Parents
It is important to remember that wrongful death claims filed in San Antonio are subject to Texas’ statute of limitations laws. As such, family members have a limited amount of time to file their claim (typically within two years). If you miss this deadline, then you will be unable to seek justice or compensation in the form of a wrongful death lawsuit.
One final thing to remember is that a wrongful death lawsuit does not seek damages on behalf of the deceased, but rather those suffered by the deceased family and or estate. In order to seek damages suffered by the deceased, family members would actually file a survival action which can be filed alongside a wrongful death claim.
Survival actions are discussed in detail further below.
Damages Sought in a San Antonio Wrongful Death Lawsuit
Because a wrongful death lawsuit is not seeking damages suffered by the deceased, damages are a little different from those typically sought in other personal injury claims. Further, as many of these damages are non-economic (meaning they do not have intrinsic monetary value), it is essential that you hire an experienced San Antonio wrongful death lawyer with the experience, knowledge, and resources to successfully calculate and demonstrate the value of your case.
Common economic damages sought by families in a wrongful death claim include:
- Funeral expenses
- Medical expenses related to the care of the deceased
- Loss of inheritance
- Loss of financial support
- Loss of benefits (such as insurance)
Non-economic damages, on the other hand, would cover items like:
- Loss of companionship
- Loss of emotional support
- Mental anguish
- Emotional pain and suffering
- Loss of consortium
- Loss of care, advice or protection
Depending on the circumstances surrounding the death of your loved one, you may also be able to seek punitive damages. Unlike the above economic and non-economic damages which seek to compensate the plaintiffs and “make them whole” to the best of the law’s ability, punitive damages serve the sole purpose of punishing the defendant and acting as a deterrent for similar future conduct.
Punitive damages are reserved from claims in which the defendant’s actions are found to be especially egregious, reckless, or negligent.
Accidents in Which Wrongful Death Commonly Occur
An instance of wrongful death can occur anywhere negligence and injury can occur. However, in San Antonio, instances of wrongful death are most often associated with accidents like:
- Car Accidents – If you have lost a loved one to a car accident, Thomas J. Henry Law has an auto accident attorney in San Antonio ready to assist you.
- Company Vehicle Accidents – Our San Antonio company vehicle accident lawyers understand the process of wrongful death claims and can handle the most complex cases.
- Drunk Driving Accidents – Drunk driving accidents are always preventable. If you have lost a family member to a drunk driving accident, you deserve justice. Call Thomas J. Henry Law today.
- Premises Liability – Property owners owe a duty of care to those who are invited to or doing business on their property. If you lost a loved one to the negligence of a property owner, our firm can help.
- Trucking Accidents – Accidents involving large trucks are among the most deadly. Our San Antonio truck accident lawyers and San Antonio 18-wheeler accident lawyers have the experience and resources to take on the largest trucking companies.
- Workplace Accidents – No worker should have to fear death as they work to support their family. Still, negligent employers may take shortcuts or cost-cutting measures that put their employees at risk. If you lost a family member to a workplace accident, call our firm now.
Seeking a Survival Claim in San Antonio, Texas
A survival action is another option families have when seeking damages resulting from the death of a loved one. Where wrongful death claims seek compensation for damages suffered by the family and/or their estate, survival actions are filed on behalf of the deceased person.
In a San Antonio survival action, the victim’s family is claiming:
- The person died because of the defendant’s negligence.
- This negligence caused pain and suffering to the person before they died.
- Had the person survived, he or she would have been able to pursue legal action against the defendant to recover compensation for pain and suffering.
- The defendant should not be able to avoid liability for pain and suffering just because the person died.
- The pain and suffering damages should be paid to the deceased person’s estate.
In San Antonio, a deceased person’s legal heir or estate representative can bring a survival action. In instances where there is no legal beneficiary to file a claim, relatives may pursue the action jointly.
When to Contact a Wrongful Death Lawyer in San Antonio, TX
If you have lost a loved one to negligence, you should contact a wrongful death attorney in San Antonio as soon as possible. Wrongful death lawsuits are complicated, and you do not want to risk your compensation by delaying the investigation into your loved one’s death. As soon as you contact Thomas J. Henry Law, one of our experienced San Antonio wrongful death lawyers will begin investigating your claim and securing evidence. Our goal is to protect your rights so you can focus on yourself and your family.
Our attorneys will work with industry-leading expert witnesses who can help determine how the accident that led to your loved one’s death occurred as well as demonstrate the damages you and your family have suffered as a result. We will fight during every step of your claim to ensure you have the best chance of receiving maximum compensation.
Did You Lose a Loved One to Negligence? Contact an Experienced Wrongful Death Attorney in San Antonio
If you have lost a loved one due to the negligence of an individual, company, or other entity, contact Thomas J. Henry. Our team of experienced San Antonio wrongful death attorneys is available 24/7, nights and weekends to talk with you and your family about your potential case.
Thomas J. Henry was named one of the Best San Antonio Lawyers by San Antonio Scene for three consecutive years (2018, 2019, and 2020) and was recognized as the Best Attorney of San Antonio by the San Antonio Current in 2019 and 2020. He is a lifetime member of Rue Ratings’ “Best Attorneys of America” and his firm, Thomas J. Henry Law, was named one of the Top Law Firms of 2020 by Newsweek.com.
At Thomas J. Henry Law, we offer FREE case reviews, and you don’t owe a thing unless we win your case. Our results speak loudly of our success in obtaining successful verdicts, settlements, and judgments for our clients. Let us help you and your family recover the compensation you deserve.
Our San Antonio Personal Injury Law Offices
- Phone number:210-874-2615 (attorneys available 24/7 to assist you)
- Address: 5711 University Heights Blvd #101, San Antonio, Texas 78249
Contact us for a free case review
Your questions
answered
We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.
Following an accident, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.
How Does the “No Win No Fee” Promise Work?
The Thomas J. Henry “No Win No Fee” promise works as part of a contingency fee agreement. Instead of receiving payments from clients, we recoup fees and expenses from the final settlement or verdict our clients receive.
This allows us to start working on your case as soon as you hire us, ensuring that your case is handled with the urgency it deserves. It also means you can focus on getting better rather than cutting us a check.
The percentage we collect may vary depending on the complexity of your case, but you will be kept informed so you know what we are collecting before your case is closed.
Even better, you owe us nothing if we don’t win your case! Because our fees are collected as a percentage of your settlement or verdict, we do not collect anything unless and until you get your recovery. This means there is no risk to hiring a qualified attorney to handle your case!
Do I Have to Pay to Speak with an Injury Attorney?
Thomas J. Henry Law offers free case reviews so that you can better understand your legal options. This means you pay nothing for your first consultation. Additionally, Thomas J. Henry Law works on a contingency fee basis meaning that if you do choose to hire us, you pay us nothing unless and until we win your case.
To learn more about what it takes to speak with an injury attorney about your claim here.
Do I Need a Personal Injury Attorney Help Me Settle My Case?
Insurance companies will attempt to pay out as little as possible when resolving an injury claim. When an individual pursues compensation from an insurance company without the aid of an attorney, the insurance company may see the lack of representation as an opportunity to lowball the injured victim as there is no immediate risk of trial or legal recourse.
By hiring a competent attorney who has a reputation for achieving large verdicts in the courtroom, you are sending a message to the insurer. It will provide the insurance company with extra incentive to offer a fair settlement the first time.
If that first offer is not fair, an experienced personal attorney will have the resources and the knowledge to negotiate with the insurance company in pursuit of a better offer.
What is a Contingency Fee?
In a contingency fee arrangement, an attorney agrees to accept a fixed percentage of your recovery as payment. This means that if you win your case, your attorney will collect their fees and expenses from the money awarded to you. However, if you lose your case, your attorney will collect nothing.
Most lawyers prefer not to work on contingency cases for two reasons:
- There is a risk the firm will be paid nothing
- Any payment is delayed until money is collected from the opposing party
Generally, a lawyer who accepts contingency fee cases:
- Regularly represents clients who lack the financial resources to pay hourly attorney’s fees (as is often the case for personal injury victims).
- Is more selective about the cases they accept.
- Is very confident in their ability to win the cases they choose to handle.
How Much Does it Cost to Hire a Personal Injury Attorney?
The cost associated with hiring a personal injury attorney and how payment is collected may vary from firm to firm. At Thomas J. Henry, we work on a contingency fee basis. This means that we don’t charge our clients a penny unless and until we win their case.
Working on a contingency fee basis allows clients access to resources and legal representation they might otherwise struggle to afford. The more serious a case is, the more money it costs to take to trial. This is because complex litigation tends to take longer to resolve and the entities involved fight harder.
This is especially true if your lawsuit is against a large company, as would be the case in a trucking accident or on-the-job injury. Such companies employ teams of lawyers and have seemingly unlimited financial resources. You need an attorney who has the same. Thomas J. Henry employs a team of more than 100 attorneys and has the money to fight your case out to the end.
Finally, by collecting any fees and expenses after a verdict or settlement is secured, Thomas J. Henry can help ensure his clients are able to focus on healing. “The client’s job is to heal. We will handle the rest,” says Thomas J. Henry.
How Much Is My Personal Injury Case Worth?
In Texas, a personal injury case is only worth what a jury is willing to award you. This is why you need an attorney who can not only prove the economic damages you have sustained due to your accident, but can also demonstrate the value of non-economic damages you may have sustained, such as pain and suffering, mental anguish, and loss of consortium.
Learn more about how to estimate the value of your personal injury claim here.
Why
choose
us?
We help clients across the U.S. with all types of injury cases, including vehicle accidents, slip and falls, wrongful death, product recalls, pharmaceutical cases, mass tort, and more.
Thomas J. Henry offers a “No Fee Promise.” We work on a contingency fee basis which means you do not pay our firm any fees unless and until we win your case. Learn more.
If you’ve been hurt, you may have a damaged vehicle or be unable to work. We can help get you a rental car if your vehicle is damaged and even advance money on qualified cases.
We are committed to your complete recovery. We will work with you to ensure you receive the necessary medical treatment and support for your healing journey.
If you’ve been hurt, you may not be able to come into our offices to speak to an attorney. Don’t worry, we will come to you wherever you are – at home, work, or hospital.
Related
Practice Areas
No matter the injury or the accident, if you or a loved one were harmed due to the negligence of an individual or company, Thomas J. Henry is here to assist you.
Our locations
Locations
Corpus Christi
San Antonio
Austin
Dallas
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Customer
Reviews
Care and comfort for clients is the #1 priority for these guys. You guys continue to provide the best for everyone!
Took care of my friend and her daughters accident case! Got the maximum allowed! Also I love he gives back to our community!
Thank you for all your help and support!!!
Very helpful and straight forward with my case. Very satisfied.
At one of the lowest points in my life, when the world literally came crashing down on me, I made the best decision in my life by seeking immediate representation by this law firm!
Truly was always there when I reached out. White glove service.
Very professional and courteous staff. Gets the job done swiftly and promptly! Friendly and always treats you with respect.
Very professional and overall great experience!
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