Texas Wrongful Death Attorney

Texas wrongful death lawyers serving clients across the state and nationwide.

Losing a family member is traumatic and devastating, especially when it happens unexpectedly or due to someone else’s negligent actions. Emotional suffering and financial uncertainties often follow a family member’s death.

In the case of wrongful death, the law entitles surviving family members the right to seek compensation for emotional damages, economic damages, and more. By hiring a wrongful death attorney near you, you are protecting your rights and ensuring you are on the best course to securing all possible damages.

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The Importance of Hiring a Texas Wrongful Death Lawyer

No amount of financial compensation can change the devastating event that occurred, but at Thomas J. Henry Law, our experienced wrongful death attorneys will ensure your case is handled effectively, allowing you to focus on your family and your healing. We want to advocate for you and help you every step of the way.

Our Texas wrongful death attorneys have handled a multitude of cases, ranging from automobile accidents, truck accidents, workplace accidents, and others. These cases can be complicated, but we dedicate ourselves to pursuing the maximum amount of compensation for you and your family. Thomas J. Henry Law’s attorneys are available 24 hours a day, seven days a week – including nights and weekends. Our team is here to discuss your case at a time that suits your needs.

In a wrongful death case, the law allows for the pursuit of compensation, and recoveries sought after for the following:

  • Lost income
  • Lost future earnings
  • Lost benefits and Social Security
  • Medical and funeral costs
  • Lost inheritance
  • Lost companionship and parental guidance
  • Pain and suffering
  • General damages

While wrongful death legislation varies from state to state, in most instances, the law allows for damages arising from any injury that causes a person’s death, especially if that injury is the result of the negligence, carelessness, or other wrongful act of another party. The personal injury lawyers at Thomas J. Henry Law have extensive experience in all facets of wrongful death claims and serve clients not only in Texas but also nationwide. Call now to speak with an experienced accidental death attorney.

Thomas J. Henry Law has a proven track record of achieving multi-million-dollar results for the families of loved ones lost due to the negligence of others. Our wrongful death attorneys and extensive financial and legal resources allow us to pursue every legal avenue available to obtain the economic recovery that your family needs.

Filing a Survival Action Claim

In addition to wrongful death claims, the second type of claim can be made by the decedent’s estate for the injuries sustained before death. In a survival claim, the estate collects damages instead of the living family members for the decedent’s pain and suffering and other financial losses suffered before his or her death. In essence, the estate controls the deceased person’s injury claim that could have gone forward before death.

Survival claims will recover compensation and then, according to the deceased person’s will, divide the recovery among the people listed in the will. In some cases, there may not be a will in which the family of the deceased individual divides the recovery amongst themselves in accordance with the laws of that particular state.

Survival claims prevent a negligent party from avoiding liability for the victim’s death. Damages that can be recovered by the estate include:

  • Pain and mental anguish
  • Pain, both physical and emotional, that was sustained prior to death following the accident
  • Medical costs
  • Any bills associated with hospital stays, medical procedures and care given to the victim before death
  • Funeral expenses
  • Burial expenses

A Texas wrongful death attorney can help you pursue a survival action while also handling your wrongful death lawsuit.

Filing a Bystander Recovery Claim

A third claim available to the family of the deceased is called a bystander claim. A person might file a bystander claim if they witnessed a person sustain a severe injury or die due to the negligent or reckless actions of an individual. However, only close relatives of the victim may file this type of claim. In some cases, bystanders have successfully filed claims after viewing the immediate aftermath of an accident that resulted in death, such as unexpectedly coming across the body of a loved one that was just hit by a motor vehicle.

However, witnessing this unimaginable horror is usually not enough to recover through a bystander claim. The bystander must also prove that there have been mental or emotional damages that occurred as a result of witnessing the incident happen. Often, bystanders to tragic accidents suffer from insomnia, severe depression, anxiety, or other mental or nervous disorders. These conditions can have long-term adverse effects on a person, such as affecting their ability to work or function normally.

Similar to a survival action, a wrongful death lawsuit attorney can pursue bystander recovery claims as well.

Hire an Experienced Texas 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 Law. At Thomas J. Henry Law, our expertise is personal injury and wrongful death. We focus solely on personal injury matters so that we can achieve the maximum recovery for you and your family. Our firm has the resources to take care of you and your family during this difficult legal process.

Our experienced Texas wrongful death lawyers dedicate themselves to each and every client and their unique case. Let us help you get the compensation you deserve for the emotional injuries you have sustained. Call now to speak to a wrongful death lawyer near you for a free legal consultation today

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Your Wrongful Death Questions Answered

We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.

Following a wrongful death, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.

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.

Texas law is very clear on who can and can’t file wrongful death claims. 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!

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

The name can be confusing 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.

Beyond pain and suffering damages, a survival claim can seek medical costs associated with medical procedures procured before the victim’s death as well as funeral and burial expenses.

Wrongful death cases tend to deal with damages that are not tangible, such as loss of society, loss of companionship, and loss of love. Because of this, you must have expert witnesses who can accurately relay the extent of the non-physical damages you have suffered to a jury while demonstrating the death of your loved one was the result of negligence or reckless behavior.

Expert witnesses, also called judicial experts, are additional witnesses who by education, training, skill, or experience are considered to have the expertise and specialized knowledge that is beyond what an average person would have.

In the courtroom, they are recognized as having an expert opinion that carries considerable weight and may also deliver expert evidence using facts from the field of their expertise. Opinions offered by expert witnesses can be used to demonstrate negligence in an accident as well as assess damages and costs sustained by the plaintiff.

Because experts and fields of expertise are highly specialized and compartmentalized, your attorney must have access to the right expert for your case. At Thomas J. Henry, we secure the best expert witnesses for your case. Each expert witness we engage has been thoroughly examined and questioned before ever participating in your case. In utilizing expert witnesses, you must research each person before employing them for your case. We have spent a tremendous amount of time selecting our experts and only use the best in the nation for our clients.

Depending on the circumstances leading up to your loved one’s death, your attorney may call multiple expert witnesses. For example, if your loved one was killed on the job your attorney may consult with workplace safety compliance experts, OSHA consultants, and industrial engineers. If the death of your loved one was the result of a trucking accident, expert witnesses could include FMCSA compliance consultants, forensic engineers, and accident re-constructionists.

When it comes to proving your damages, expert witnesses often include psychologists, psychiatrists, grief counselors, and forensic accountants.

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Real Stories

Mike Phillips

  • PREMISES LIABILITY
  • NECK AND BACK INJURY

When Mike suffered a back injury after falling down broken stairs at an apartment complex, he called Thomas J. Henry. This is his story.

James Cameron

  • 18- WHEELER ACCIDENT
  • NECK AND BACK INJURY

James was on his way to work when his car lost control due to a trucker spilling acid on the road. After suffering neck and back injuries, he called Thomas J. Henry. This is his story.

Zamrye Escamilla

  • 18-Wheeler Accident 

  • Back Injury

Zamyre underwent two back surgeries after being hit by a company vehicle. She chose Thomas J. Henry to represent her in her case. This is her story. 

Recent Results

This is just a small sampling of the results we have obtained for our clients. Please click through to view more verdicts, settlements, and judgments.
Trucking Accident
$50 Million

Net to Client: $27 Million

Expenses: $1.1 Million

Attorney Fees: $21 Million

NECK INJURIES

SPINE & BACK INJURIES

Trucking Accident
$35 Million

Net to Client: $22.2 Million

Expenses: $100 Thousand

Attorney Fees: $12.8 Million

WRONGFUL DEATH

Product Liability
$30.2 Million

Net to Client: $20.1 Million


Expenses: $39.6 Thousand

Attorney Fees: $10.1 Million

SPINE & BACK INJURIES

Premises Liability
$14.8 Million

Net to Client: $6.7 Million

Expenses: $652 Thousand

Attorney Fees: $7.4 Million

TRAUMATIC BRAIN INJURY

Medical Malpractice
$12.7 Million

Net to Client: $10.4 Million

Expenses: $300 Thousand

Attorney Fees: $2 Million

SPINE & BACK INJURIES

Company Vehicle Accident
$10 Million

Net to Client: $5.6 Million

Expenses: $125 Thousand

Attorney Fees: $4.3 Million

NECK INJURIES

SPINE & BACK INJURIES

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Customer Reviews

Jose Araujo

San Antonio

1 year ago

Mi abogado muy atento con todo me aludo i explicó muy bien I en la oficina todos muy amables I profesionales muchas gracias por todo

Saily Fuentesp

San Antonio

1 year ago

Super recomendado muy profesionales y rapidos tienen servicio en espanol y mantiene informada todo el tu caso

Javier Elias

Corpus Christi

2 years ago

Primero, si pudiera dar una calificación superior a 5 estrellas, lo haría por el excelente trabajo realizado por Thomas J. Henry y su equipo. Él es un gran representante legal y muy honesto.

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