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 Thomas J. Henry Law for 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.

Read more


Contact Us for a Free Case Review

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 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 ability, punitive damages serve the sole purpose of punishing the defendant and to act 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 most often associated with accidents like:

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.

Did You Lose a Loved One to Negligence? Contact an Experienced San Wrongful Death Attorney

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 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 San Antonio Personal Injury Law Offices

  • Phone number: 210-941-2191 (attorneys available 24/7 to assist you)
  • Address: 5710 W Hausman Rd, Suite 108, San Antonio, Texas 78249
Contact Us for a Free Case Review

info@tjhlaw.com

Contact Form

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 San Antonio 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 San Antonio offices. For you convenience, however, you may wish to make an appointment by calling our offices or completing an online contact form.

The risks of not contacting a San Antonio injury attorney after an accident cannot be overstated. Simply put, you are jeopardizing your entire claim to recovery as well as future financial stability. Speaking to an insurer or insurance adjuster without consulting with an attorney can often result in:

  • 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.

While every accident and injury is unique, it is typically best to consult with an attorney prior to making any decisions that could impact your claim. Speaking with an experienced attorney can help you understand what options available to you as well as what steps you should take to secure fair financial compensation. This is the reason Thomas J. Henry Law provides a FREE case consultation to all accident victims.

It is important to remember that the primary job of an insurance adjuster is to limit liability and save their company money. When an insurance adjuster calls you with questions concerning your accident, they are in fact looking for information that limits the liability of their client and information that can be used to downplay the extent of your injuries.

Adjusters may also ask for a recorded statement concerning your accident and injuries under the guise that they are simply gathering the information necessary to move your claim forward. The truth is that this recorded statement can actually be used to erode your case and path to financial recovery.

By speaking with an attorney before the insurers, you are protecting your rights and your best interests. If you choose to hire your attorney following your consultation, your attorney will begin working on your case that same day.

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.

Our Locations

Contact Us for a Free Case Review

info@tjhlaw.com

Contact Form
Loading...
Do you really want to end conversation?
chat-icon Live chat
avatar Waiting