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 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 wrongful death lawyer.
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 lawyers 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.
Determining When Death is Wrongful in Texas
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.”
Our wrongful death lawyers can help ensure your claim is considered and provide you a fair chance at compensation.
Statute of Limitations to File a Wrongful Death Claim
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.
For most personal injury cases, the statute of limitations is two years. This means even if you delayed taking legal action following the death of a loved one, there is still time to pursue a legal remedy.
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