Losing a loved one is an incredibly painful and heart-wrenching experience, especially when it happens unexpectedly or as a result of someone else’s negligence. The grief and emotional pain can feel overwhelming, and the financial challenges that follow can add even more stress during an already difficult time.
Thomas J. Henry is here for you. Our wrongful death attorneys have helped thousands of families just like yours. We are here to protect your legal rights and ensure that you have support as we pursue the justice and compensation your family deserves.
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 in Texas 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 for wrongful death 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 or lawsuit in Texas, 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 for wrongful death 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 in Texas.
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 in Texas. 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. Our firm has offices in Corpus Christi, San Antonio, Dallas, Austin, and Houston serving clients across Texas and nationwide. Call now to speak to a wrongful death lawyer near you for a free legal consultation today
Contact us for a free case review
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.
How Does the “No Win No Fee” Promise Work?
The Thomas J. Henry “No Win No Fee” promise works as part of a contingency fee agreement. Instead of receiving payments from clients, we recoup fees and expenses from the final settlement or verdict our clients receive.
This allows us to start working on your case as soon as you hire us, ensuring that your case is handled with the urgency it deserves. It also means you can focus on getting better rather than cutting us a check.
The percentage we collect may vary depending on the complexity of your case, but you will be kept informed so you know what we are collecting before your case is closed.
Even better, you owe us nothing if we don’t win your case! Because our fees are collected as a percentage of your settlement or verdict, we do not collect anything unless and until you get your recovery. This means there is no risk to hiring a qualified attorney to handle your case!
Do I Have to Pay to Speak with an Injury Attorney?
Thomas J. Henry Law offers free case reviews so that you can better understand your legal options. This means you pay nothing for your first consultation. Additionally, Thomas J. Henry Law works on a contingency fee basis meaning that if you do choose to hire us, you pay us nothing unless and until we win your case.
To learn more about what it takes to speak with an injury attorney about your claim here.
Do I Need a Personal Injury Attorney Help Me Settle My Case?
Insurance companies will attempt to pay out as little as possible when resolving an injury claim. When an individual pursues compensation from an insurance company without the aid of an attorney, the insurance company may see the lack of representation as an opportunity to lowball the injured victim as there is no immediate risk of trial or legal recourse.
By hiring a competent attorney who has a reputation for achieving large verdicts in the courtroom, you are sending a message to the insurer. It will provide the insurance company with extra incentive to offer a fair settlement the first time.
If that first offer is not fair, an experienced personal attorney will have the resources and the knowledge to negotiate with the insurance company in pursuit of a better offer.
What is a Contingency Fee?
In a contingency fee arrangement, an attorney agrees to accept a fixed percentage of your recovery as payment. This means that if you win your case, your attorney will collect their fees and expenses from the money awarded to you. However, if you lose your case, your attorney will collect nothing.
Most lawyers prefer not to work on contingency cases for two reasons:
- There is a risk the firm will be paid nothing
- Any payment is delayed until money is collected from the opposing party
Generally, a lawyer who accepts contingency fee cases:
- Regularly represents clients who lack the financial resources to pay hourly attorney’s fees (as is often the case for personal injury victims).
- Is more selective about the cases they accept.
- Is very confident in their ability to win the cases they choose to handle.
How Much Does it Cost to Hire a Personal Injury Attorney?
The cost associated with hiring a personal injury attorney and how payment is collected may vary from firm to firm. At Thomas J. Henry, we work on a contingency fee basis. This means that we don’t charge our clients a penny unless and until we win their case.
Working on a contingency fee basis allows clients access to resources and legal representation they might otherwise struggle to afford. The more serious a case is, the more money it costs to take to trial. This is because complex litigation tends to take longer to resolve and the entities involved fight harder.
This is especially true if your lawsuit is against a large company, as would be the case in a trucking accident or on-the-job injury. Such companies employ teams of lawyers and have seemingly unlimited financial resources. You need an attorney who has the same. Thomas J. Henry employs a team of more than 100 attorneys and has the money to fight your case out to the end.
Finally, by collecting any fees and expenses after a verdict or settlement is secured, Thomas J. Henry can help ensure his clients are able to focus on healing. “The client’s job is to heal. We will handle the rest,” says Thomas J. Henry.
How Much Is My Personal Injury Case Worth?
In Texas, a personal injury case is only worth what a jury is willing to award you. This is why you need an attorney who can not only prove the economic damages you have sustained due to your accident, but can also demonstrate the value of non-economic damages you may have sustained, such as pain and suffering, mental anguish, and loss of consortium.
Learn more about how to estimate the value of your personal injury claim here.
Why
choose
us?
We help clients across the U.S. with all types of injury cases, including vehicle accidents, slip and falls, wrongful death, product recalls, pharmaceutical cases, mass tort, and more.
Thomas J. Henry offers a “No Fee Promise.” We work on a contingency fee basis which means you do not pay our firm any fees unless and until we win your case. Learn more.
If you’ve been hurt, you may have a damaged vehicle or be unable to work. We can help get you a rental car if your vehicle is damaged and even advance money on qualified cases.
We are committed to your complete recovery. We will work with you to ensure you receive the necessary medical treatment and support for your healing journey.
If you’ve been hurt, you may not be able to come into our offices to speak to an attorney. Don’t worry, we will come to you wherever you are – at home, work, or hospital.
Related
Practice Areas
No matter the injury or the accident, if you or a loved one were harmed due to the negligence of an individual or company, Thomas J. Henry is here to assist you.
Our locations
Locations
Corpus Christi
San Antonio
Austin
Dallas
Houston
Customer
Reviews
Care and comfort for clients is the #1 priority for these guys. You guys continue to provide the best for everyone!
Took care of my friend and her daughters accident case! Got the maximum allowed! Also I love he gives back to our community!
Thank you for all your help and support!!!
Very helpful and straight forward with my case. Very satisfied.
At one of the lowest points in my life, when the world literally came crashing down on me, I made the best decision in my life by seeking immediate representation by this law firm!
Truly was always there when I reached out. White glove service.
Very professional and courteous staff. Gets the job done swiftly and promptly! Friendly and always treats you with respect.
Very professional and overall great experience!
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