EXPERIENCED TEXAS WRONGFUL DEATH ATTORNEYS
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 oftentimes follow a family member’s death. In the case of a wrongful death, surviving family members may be entitled to compensation for emotional damages, financial damages, and more.
No amount of financial compensation can change the devastating event that occurred, but at Thomas J. Henry, our experienced wrongful death lawyers 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 experienced injury attorneys have handled a multitude of wrongful death cases, ranging from automobile accidents, truck accidents, workplace accidents, and others. These cases can be complicated, but we are dedicated to pursuing the maximum amount of compensation for you and your family. Thomas J. Henry is available 24/7, nights and weekends to discuss your case.
In a wrongful death case, compensation can be pursued 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
According to Texas state law, “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.” Thomas J. Henry 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 experienced injury attorneys and extensive financial and legal resources allow us to pursue every legal avenue available to obtain the financial recovery that your family needs.
WHO CAN FILE A WRONGFUL DEATH CLAIM?
In all states, spouses, children, and parents can file wrongful death claims and recover compensation. Beyond immediate family members, states vary with who can file a wrongful death lawsuit. Other parties that could file a lawsuit may include:
- Any person depending on the decedent financially
- Life partners
- Parents of deceased unborn child
In most cases, the spouse, parent, or children of the deceased person has two years from the date of the death to file a wrongful death claim. Contact Thomas J. Henry Injury Attorneys immediately if you believe you have a wrongful death lawsuit to file. Our wrongful death attorneys are available to you and your family whenever you are in need of legal advice or assistance.
WHAT IS A SURVIVAL CLAIM?
In addition to wrongful death claims, a 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 personal-injury claim that could have went forward prior to 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 recovery is divided among the family of the deceased individual in accordance to Texas law.
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
FILING A BYSTANDER RECOVERY CLAIM
A third claim that can be made is called a bystander claim. A person can file a bystander claim if they witnessed a person sustain a severe injury or be killed 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 loved one that was just hit by a motor vehicle.
However, witnessing the unthinkable act 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. Oftentimes, bystanders to tragic accidents suffer from insomnia, severe depression, anxiety, or other mental or nervous disorders. These conditions can have long-term negative effects on a person, such as affecting their ability to work or function normally.
CONTACT AN EXPERIENCED WRONGFUL DEATH LAWYER
If you have lost a loved one due to the negligence of an individual, company, or other entity, contact Thomas J. Henry. Our experienced wrongful death lawyers are available 24/7, nights and weekends to talk with you and your family about your potential case. At Thomas J. Henry, we offer a free case review, 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.
THOMAS J. HENRY – 2016 TEXAS’ TOP RATED LAWYERSAwarded In 2016 to Thomas J. Henry by Legal Leaders (An ALM Company)
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RECENT RECALL RESULT
$30.2 MillionNet to Client: $20.1 Million | Expenses: $39,576.15 | Attorney Fees: $10,060,980.00