Austin Wrongful Death Lawyers

Wrongful Death Lawyers Serving Injured Clients in Austin and Surrounding Communities

Accidents that result in wrongful death are always catastrophic. The toll the loss of a loved one takes on a family compounding with the financial uncertainty and stress that follows can be nearly unbearable. At Thomas J. Henry Law, we seek to ease the stress and uncertainty so that you and your family can focus on what’s important: each other.

If you have lost a loved one to negligence, contact our Austin wrongful death attorneys. We can help you secure just compensation and ensure your family’s financial future.

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How to File a Wrongful Death Lawsuit in Austin

While wrongful death claims are meant to help provide compensation to individuals facing the tragic and unnecessary loss of a loved one, complex laws and stubborn insurance companies can create further hardships no average person can navigate alone. You need an experienced wrongful death attorney.

The attorneys at Thomas J. Henry Law understand these laws and know how best to deal with the insurance companies so that you do not have to. By filing a wrongful death claim with our firm, you are taking the first steps towards securing compensation for the damages you and your family have suffered due to the loss of your spouse, child, or parent.

It is important to remember that wrongful death claims filed in Austin 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.

By contacting an attorney in a timely manner, not only are you ensuring you are within the necessary statute of limitation, but you are also ensuring that all evidence is preserved and that witness accounts will be accurate and detailed.

If you are considering a wrongful death lawsuit, call our Austin injury attorneys now for your FREE case consultation.

Damages to Pursue in an Austin Wrongful Death Lawsuit

The damages that will be sought as part of your wrongful death claim will depend on the unique circumstances surrounding your loved one’s death and your claim. One thing to remember, however, is that when filing a wrongful death claim, you are actually seeking compensation for damages against yourself and the surviving members of your family. Damages sought on behalf of the deceased family member would be part of a survival action that could be filed in conjunction with your wrongful death claim.

Common economic damages sought by families in an Austin 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

Because non-economic damages have no intrinsic value, it is important that you hire an attorney who is able to demonstrate their value in a way that a jury can understand. For example, how do you put a dollar amount on mental anguish? While it may seem like a strange practice, it is essential that your attorney is able to answer questions like this so that your family is fairly compensated for ALL of your sufferings.

Accidents That Often Result in Wrongful Death Lawsuit

In truth, instances of wrongful death can occur anyplace where negligence can. There is no place free of the risk of a fatal injury. However, in personal injury law, we typically see wrongful death lawsuit being the product of:

  • Car Accidents – Our Austin car accident lawyers have the experience and resources to handle your wrongful death claim. If you have lost a family member to a car crash, call our offices now for a FREE consolation.
  • Company Vehicle Accidents – Company vehicle accidents can be complex, especially when they result in death. Protect your rights and contact an experienced Austin company vehicle accident attorney.
  • Drunk Driving Accidents Drunk driving accidents are always preventable. This truth is even more tragic when an intoxicated driver claims the life of an innocent victim. If you have lost a family member to drunk driving, call Thomas J. Henry law.
  • Premises Liability – When a property owner fails to maintain a safe property, the results can be life-threatening. When a death occurs on unsafe premises, it is essential that you hire an attorney to protect your rights.
  • Trucking Accidents – Truck accidents are much more likely to result in death than a regular car crash. When a fatal truck accident does occur, you need an experienced Austin truck accident lawyer to handle your claim.
  • Workplace Accidents – No one should have to fear for their life while trying to earn a living for their family. Still, thousands of fatal workplace accidents occur every year. If you have lost a loved one to a workplace injury, call Thomas J. Henry Law.

Again, that is not to say these are the only times a wrongful death lawsuit can be filed. They are just the most common.

Seeking a Survival Action in Austin, Texas

As previously mentioned, survival actions are filed on behalf of the deceased person while wrongful death claims seek compensation for damages suffered by the family and/or their estate,

In an Austin survival action, the victim’s family is asserting:

  • Their loved one died because of the defendant’s negligence.
  • This negligence caused pain and suffering to their loved one before they died.
  • Had their loved one 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 that family member dies.
  • The pain and suffering damages should be paid to the deceased person’s estate.

In Austin, 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.

Have You Lost a Loved One to Negligence? Contact Our Experienced Austin Wrongful Death Lawyers

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 Austin wrongful death attorneys are available 24/7, nights and weekends to talk with you and your family about your potential case.

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 Austin, Texas Personal Injury Law Offices

    • Phone Number: (512) 520-0221 (attorneys available 24/7, nights and weekends)
    • Address: 4401 West Gate Blvd Suite 200, Austin, TX 78745 (walk-in Monday through Friday)

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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.

The risks of not contacting an attorney after an accident cannot be overstated. Simply put, you are risking your entire claim to recovery as well as future financial stability.

Insurance adjusters are familiar with claim procedures and liability. When an insurance adjuster calls you with questions concerning your accident, they are looking for information that limits the liability of their client and information that can be used to downplay the extent of your injuries.

Further, adjusters will often ask that you provide a recorded statement concerning your accident and injuries. While they may say that the sole purpose of the recorded statement is to gather information needed to move your claim forward, the statement can actually be used to erode your case and right to recovery.

It is the adjuster’s job to limit your recovery and save their company money. An attorney will help you protect your rights and your claim to fair compensation.

A successful personal injury attorney will utilize their legal expertise, resources, and knowledgeable support staff to develop your case in a way that accurately demonstrates liability as well as any economic and non-economic damages you have incurred. The ultimate goal is to take care of the client’s claim so that the client can focus on their health and physical recovery.

Thomas J. Henry Law has the legal and financial resources necessary to properly build and handle your case in the most effective and efficient way possible. Your attorney will make sure you are treated with respect, are kept informed with the most up-to-date information on your case, and that you are comfortable throughout the entire legal process as we work to secure the compensation you deserve. We will also work with medical providers to ensure you receive proper medical treatment for all of your injuries.

Experienced attorneys also have access to expert witnesses with specialized knowledge on a subject related to the case. Thomas J. Henry has spent years finding the best expert witnesses across the United States. Our firm retains the most qualified experts for each individual case, from accident reconstruction experts to medical professionals. Every expert undergoes a rigorous and in-depth examination process before ever being involved in a client’s case.

If you have been involved in an accident or suffered injury due to negligence, speaking with an experienced Austin injury attorney will help protect your rights and your claim to financial compensation. Failing to contact an attorney can leave you open to tactics insurers use to limit their liability and diminish your financial recovery. These tactics include:

  • Unintentional inconsistencies – Crashes and accidents are hectic and disorienting. As time moves on, you will likely remember less and less about the events leading up to and following your accident. When an insurance company goes back to compare all the statements you made over a period of weeks or months, they will claim that any inconsistencies were attempts by you to mislead the company and label them as lies before a judge or a jury.
  • Exposure to trick questions – Representatives often ask trick questions or word their inquiries in a way meant to trick or trap you. You may even be pressured into agreeing to facts that are not completely accurate just to get the representative off your back. Even an aggravated response of “I don’t know, maybe” or “I guess” can come back to haunt you later.
  • Exposure to leading statements – Even a statement that seems innocent on its surface can damage your claim depending on your response. For example, by giving a positive response to statements like “I hope your back is starting to feel a bit better” or “Wow, it’s a miracle you weren’t more seriously injured,” you could be tricked into understating the severity of your injuries.
  • Failure to report undiagnosed injuries – Most doctors agree that the full extent of injuries suffered in an accident may not be evident until several days after the accident has occurred. If a claims adjuster contacts you within 24 hours of a crash and asks about your injuries, chances are you will not be able to provide a complete list of injuries. This will not stop the insurance company from questioning and attempting to dismiss any injuries that became symptomatic after that initial recorded statement was made.
  • Provide material for cross-examination – By the time deposition or trial occurs, chances are the defense counsel will have reviewed your recorded statements dozens of times. They will craft questions for cross-examination with the understanding that you likely don’t remember everything you said or agreed to in that recorded statement. And when you misremember or contradict yourself in a moment of confusion, they will try to claim your misstatement proves your testimony is not credible.

We do accept walk-ins at our Austin offices. For your convenience, however, you may wish to make an appointment by calling our offices or completing an online contact form.

Yes. Our Austin injury attorneys are on-call, 24/7. If an in-person meeting is necessary and you are unable to travel to our offices, we will send an attorney directly to you.

A wrongful death claim is a claim in which a family seeks damages related to the loss of a loved one. The important thing to remember about wrongful death claims is that they are not actually filed on behalf of the deceased person; instead, they are filed on behalf of the individuals affected by the decedent’s death.

As such, the damages family members seek when filing a wrongful death claim are:

  • Loss of quality of life
  • Loss of love and emotional support
  • Loss of financial support
  • Loss of companionship
  • Loss of society

Texas law is very clear on who can and can’t file a wrongful death claim. Wrongful death beneficiaries are limited to three categories:

  • Parents
  • Children
  • Spouses

Other relatives, even those that may be considered immediate family members like brothers and sisters, are barred from pursuing wrongful death claims in Texas.

If you meet the above criteria and would like to speak to a Texas wrongful death lawyer in your city, call Thomas J. Henry Law now. Our attorneys are available 24/7 nights and weekends to hear your claim. Additionally, if you are unable to travel to one of our offices, we can send an attorney directly to you!

When the surviving family members (the estate) of an individual who dies because of the negligence of another party file suit, it is known as a wrongful death claim. When the family files, they may seek a variety of different types of damages.

The types of damages available to these survivors vary from state to state but generally fall into three distinct categories: economic, non-economic, and punitive damages. You can learn more about these damages and the process involved by speaking to an accidental death lawyer at Thomas J. Henry Law. Call now for a FREE case consultation.

A statute of limitations is a law that sets the maximum amount of time parties have to initiate legal proceedings from the date the offense occurred. In personal injury law, this essentially is a time limit you have to file your personal injury claim.

While you may think you have a long time to file a claim that deals with a tragedy as great as wrongful death, the statute of limitations for filing such a claim is actually based on the precipitating event and not on the damages that occurred (i.e. the death of a loved one). That is why it is so important to contact an attorney as soon as an accident resulting in death occurs.

The sad truth is that there are instances in which children lose their only surviving parent or both parents in a tragic event. In Texas, that minor is still able to bring a wrongful death lawsuit against those responsible for their parents’ death. If you are seeking to file a wrongful death claim on behalf of a minor, call our offices now to speak with a Texas wrongful death attorney.

Oftentimes, a family member of the minor can be appointed by the court to be the guardian of that minor. Upon being appointed, that guardian is tasked with taking care of the minor and given the power to bring a lawsuit against the parties responsible for the death of the minor’s parents on the minor’s behalf.

Additionally, lawsuits can be filed by a decedent’s estate or by the administrator of the decedent’s estate with the damages be provided to the child.

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