Serving Clients Nationwide From Our Texas Offices in Corpus Christi, San Antonio, and Austin
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.
What To Expect When Filing a Wrongful Death Lawsuit
No amount of financial compensation can change the devastating event that occurred, but at Thomas J. Henry, 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 wrongful death lawyers 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’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 have extensive experience in all facets of wrongful death claims and serve clients not only in Texas but also nationwide.
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 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
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.
Thomas J. Henry Law Is Ready to Help You with Your Wrongful Death Claim
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. 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 attorneys 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. Contact our wrongful death attorneys — available 24/7, including nights and weekends — for a free legal consultation today