Corpus Christi Wrongful Death Lawyers

Wrongful Death Lawyers Serving Injured Clients in Corpus Christi and Surrounding Communities

No one should lose their life due to the negligence or reckless behavior of another, but unfortunate the unfortunate truth is fatal accidents and injuries occur everyday. The sudden loss of a loved one is a terrible tragedy. Knowing that the death of that person was entirely preventable only adds to the pain.

That is why Thomas J. Henry Law is committed to holding those responsible for instances of wrongful death liable for their actions. Our team of Corpus Christi wrongful death lawyers will fight to ensure justice is served and compensation is granted the family members who now suffer to the loss of their loved one.

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Filing a Wrongful Death Claim in Corpus Christi

Wrongful death claims can be complex and confusing, but at their most base level they are meant to offer a means by which individuals can seek compensation for the damages and losses associated with the death of a family member when that death is the result of negligence or reckless behavior.

A thing to remember is that a wrongful death claim is not actually filed on behalf of the deceased family member, nor does it deal with damages suffered by that individual. Instead, wrongful death claims are filed by surviving members of the family seeking damages sustained by them as a result of the death. In fact, when a family seeks compensation on behalf of the deceased, the claim is actually called a survival action (more on that later).

As such, in Corpus Christi, wrongful death lawsuits may be filed by:

  • Spouses
  • Children
  • Parents

Please note that in order for your wrongful claim to be successful, it is essential that you file your lawsuit with a reputable attorney within a specific time frame known as the statute of limitation. Typically, the deadline to file a wrongful death claim is two years; however, waiting can also mean lost evidence and witness clarity, so it is advised that you contact an attorney as soon as possible if you are considering a wrongful death lawsuit.

Recoverable Damages in a Corpus Christi Wrongful Death Lawsuit

As previously mentioned, when you file a wrongful death lawsuit you are actually seeking compensation for damages you personally suffered. Damages commonly sought in wrongful death include:

  • Funeral expenses
  • Loss of financial support
  • Mental anguish
  • Pain and suffering
  • Loss of inheritance
  • Medical expenses
  • Loss of companionship
  • Loss of emotional support
  • Loss of benefits (i.e. insurance)

Our Corpus Christi wrongful death attorneys have handled countless wrongful death claims and understand the process by which to identify and prove damages in order to provide clients with the best possible outcome for their case. This includes conducting in-depth research, securing evidence immediately after your case is signed, and bringing in industry experts to prove your claim.

Expert Witnesses to Help Move Your Wrongful Death Claim Forward

Thomas J. Henry Law understands the importance of being an expert in your field. This is one reason we place so much value in working with expert witnesses during complex claims. Expert witnesses, also called judicial experts, are additional witnesses that have expertise or specialized knowledge in a particular subject that far surpasses an average person. They are able to provide expert opinions as well as deliver evidence using facts from their field of expertise.

Thomas J. Henry Law has spent more than 25 years building professional relationships with leading experts across a variety of industries and fields.

Depending on the circumstances surrounding your wrongful death claim, Thomas J. Henry Law may enlist the help of:

Filing a Survival Action in Conjunction with Your Corpus Christi Wrongful Death Lawsuit

We previously made mention of survival actions and how they are different than wrongful death lawsuits. Survival actions allow the family and/or estate of a deceased person to seek compensation for damages suffered by the deceased person prior to their death.

The general idea is that had the deceased person survived, he or she would have been able to pursue legal action against the defendant to recover for pain and suffering. Because the person is no longer able to recover those damages, a survival action states that those damages should in turn be paid to the surviving members of that person’s family.

In Corpus Christi, survival actions can be filed by the deceased person’s legal heir or by an estate representative. Survival actions can be filed in conjunction with a wrongful death claim.

Did You Lose a Family Member to Negligence or Reckless Behavior? Contact Our Corpus Christi Wrongful Death Attorneys Immediately

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 Corpus Christi wrongful death attorneys have the experience and resources to handle your claim effectively and aggressively.

At Thomas J. Henry Law, we offer FREE case reviews, and you don’t owe a thing unless we win your case.  Let us help you and your family recover the compensation you deserve. Our attorneys are available 24/7, nights and weekends to talk with you.

Our Corpus Christi Personal Injury Law Offices

  • Phone number: 361-254-7873 (attorneys available 24/7 to assist you)
  • Address: 521 Starr Street, Corpus Christi, Texas 78401 (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.

Yes. Our Corpus Christi 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.

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

If you fail to contact an experienced Corpus Christi injury lawyer after an accident or injury, you are putting your entire personal injury claim in jeopardy. By choosing to go it alone, you run the risk of:

  • 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.

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 clients 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 injured, then you have undoubtedly questioned if you should contact an attorney or pursue your claim through your insurer. The important thing to remember that there is a difference between contacting an attorney and hiring an attorney. Regardless of your injury or how it occurred, it is always best to at least reach out to an attorney. Speaking with an experienced attorney can help you understand the options that are available to you and inform you to your best course of action. This is why Thomas J. Henry Law offers FREE no-risk case consultations to all injured victims.

Remember, insurance adjusters are familiar with claim procedures and liability, even when you are not. It is also important to remember that the primary job of an insurance adjuster is to limit their client’s liability and save their company money. Everything said during phone calls and recorded statements to an insurer can be used to challenge your claim, twist liability, and downplay the extent of your injuries. In short, the insurance company and their adjusters do not have your best interests in mind.

Injury attorneys understand the tactics most often used by insurers to chip away at a claim, and they can advise you on how your case may benefit from experienced legal representation. The insurance company representing the person or entity responsible for your injuries has already begun the process of safeguarding themselves against liability – isn’t it time you took the steps necessary to protect your rights and claim to compensation?

A wrongful death claim is filed to seek damages from an individual or company whose negligent or intentional actions caused a person’s death. 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.”

The family or beneficiaries of the deceased victim can recover several types of damages, both economic and non-economic, in a wrongful death action, including:

  • Loss of consortium
  • Lost future earnings
  • Lost wages
  • Funeral costs
  • Medical expenses
  • Mental anguish
  • Pain and suffering

In cases where the victim’s death is caused by “the willful act or omission or gross negligence of the defendant,” exemplary or punitive damages may be recovered as well. Texas law defines gross negligence as:

“An act or omission which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.”

Filing a wrongful death lawsuit on behalf of a child who has lost their only parent or both parents can seem confusing, but with the help of an experienced attorney the process becomes much easier.

Thomas J. Henry has been handling wrongful death lawsuits for more than 25 years and has experience representing children in the courtroom. If you have any questions concerning the steps necessary to file such a claim, contact our offices immediately. Our attorneys are available 24/7, nights and weekends.

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.

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.

Texas law recognizes two distinct types of claims for an event where someone dies: a wrongful death claim and a survival action claim. These claims differ in who they are filed on behalf of, what damages are being sought, and who those damages will be paid to. Still, in some circumstances, both can be pursued in the same lawsuit.

If you have lost a loved one due to the negligence of another, one option is to file a wrongful death lawsuit. In such a case, the family is not actually suing for harm caused to their loved one – instead, they are suing for the harm that was caused to them as a result of the loss of the deceased person.

A second option that may be available to you is that of a survival action. The name can be confusing at first as the claim is actually filed for a person who has passed away, but understanding the purpose of the claim also helps to explain its title.

When a survival claim is filed on behalf of a deceased person, the victim’s family is essentially asserting that:

  • 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.

A statute of limitations is a law which sets a 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 longtime to file a claim that deals with a tragedy as great as a 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.

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