Wrongful Death Lawyers serving Bryan, San Antonio, Edinburg, Monterrey and surrounding areas
We fight on behalf of you and your loved ones to receive just compensation for your damages.
Have you lost a loved one due to the negligence or wrongdoing of another?
The lawyers at Hernandez Law Firm recognize how devastating the sudden loss of a loved can be, especially when the cause was preventable. No one is prepared for the unexpected death of a loved one. Such a loss can take an even greater emotional toll when wrongfully or negligently caused by another person or entity.
It is our mission to provide each and every client with compassionate support, along with a level of personalized attention necessary during a time of loss.
When a death is caused by the wrongful or negligent behavior of another, surviving family members may be entitled to file a “wrongful death” lawsuit in a civil court of law.
The lawyers at Hernandez Law Firm are experienced wrongful death lawyers who will listen to the details of your case and explain your rights to seek justice for the pain and suffering you are experiencing as a result of your loss.
Compassionate Support for you & Advocacy for your Loved One
When focused on your loss, the last thing you want to think about is the additional financial burdens caused by the loss of a loved one. The sudden and unexpected death of a loved one may cause survivors to suffer losses as well, including loss of income, benefits, and other damages. In cases where the loss was caused by the wrongful or negligent acts of another, you have the right to full compensation as required by law.
The Hernandez Law Firm thoroughly will investigate the circumstances of your loss to determine fault, liability and all compensation that may be available to you.
We are trial attorneys with the extensive resources necessary to take on responsible parties and hold them accountable. Our experience gives us the strategy and resolve necessary to fight for your rights.
What is a “Wrongful Death” Case?
A wrongful death lawsuit is a type of civil legal action that may be brought by survivors of victim who died as a result of the wrongful act or negligence of another. Some types of reckless or negligent conduct or behavior are grounds for a wrongful death lawsuit. Fault in a wrongful death lawsuit may be grounds for liability requiring monetary damages to compensate survivors and loved ones. Monetary damages may include monies required to pay medical bills, funeral costs, lost income and loss of emotional support.
A wrongful death case involves:
- The death of a human being;
- That was caused by another’s negligence, or with intent to cause harm; and
- The surviving family members are suffering financial losses as a result of the death.
What Kinds of Accidents, Intentional, or Negligent Acts Cause A Wrongful Death?
Several different kinds of accidents can lead to wrongful death.
Car accidents, commercial truck and 18 wheeler accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, dangerous or defective products, exposure to toxic chemicals, medical malpractice by a doctor or healthcare facility, fires, or any other types of fatal accidents.
Other deliberately harmful acts that may be criminal in nature may also lead to a wrongful death case.
Was the Death Caused by Negligent or Intentional Conduct?
Causation is critical when considering a wrongful death claim. In order for survivors and loved ones to recover damages, it must be shown that death was actually caused by the negligent or intentional conduct of another.
For example, if your loved one was being treated for cancer in a hospital and died of complications from the disease, there is no liability for wrongful death. However, if you can show that your loved one died from cancer contracted through exposure to cancer-causing agents in the workplace, then an employer may be liable for wrongful death in that case.
The intricacies of establishing liability in a wrongful death case can be complicated. An experienced wrongful death lawyer can investigate your situation to determine potential liability and the ability to receive compensation.
Have Survivors Suffered a Loss?
Once liability is established, survivors must be able to show losses resulting from the wrongful death. Losses in wrongful death cases may include loss of affection, loss of financial and emotional support, loss of contribution to the household, among others. More immediate losses may consist of medical and funeral expenses for your loved one. The experienced lawyers at Hernandez Law Firm can help calculate and determine the full extent of your loss.
¿HERIDO EN UN ACCIDENTE DE TRABAJO O DE CAMIÓN DE 18 RUEDAS ?
How We Handle Your Case
No Upfront Cost and No Fee Unless We Win. There is never a fee unless we win your case. Accidents happen when we least expect them and most victims are not financially prepared for such an emergency. Depending on your injuries, medical expenses can add up quickly, while getting compensated for a case can happen slowly, leaving victims in a difficult situation and desperate for compensation. This often leads to victims accepting far less than their case is worth and prevents them from getting the just compensation they deserve.
When you hire The Hernandez Law Firm, we are invested in your case from the start. We work for you exclusively on a contingency fee basis. That means we put in our time, effort, and resources to build your case and work with medical professionals to postpone payment until a settlement or verdict is reached. In most cases, you will not be immediately charged for your medical costs and our firm will not receive any fee unless we win or settle your case.
Gather All The Evidence. We start every case by gathering all the available evidence, including witnesses, physical evidence, accident scene pictures and video whenever possible. We also speak directly to responding and investigating officers and bring in experts if necessary, to understand the details of the accident.
We also gather evidence about your damages, including talking to doctors so we understand your injuries in detail and your future prognosis regarding your injuries. In addition, we gather evidence of wage losses and lost earning capacity, as well as any other form of loss that may apply to your specific case. We are experts at gathering the evidence required to build a powerful case and preparing it to present in trial so that a jury can understand and make a fair determination if the case goes to trial.
Medical Attention. At Hernandez Law Firm, we believe in getting our clients the best medical attention possible for their injuries, as well as just compensation for their damages. After handling hundreds of cases, we are familiar with minor and severe injuries and have numerous doctors in all specialties who we trust to refer our clients.
We want you to get the best medical care while exploring the best options for your recovery, all while keeping the important evidence that comes from doctor's reports in mind as we build your case.
Calculate Damages. In order to receive just compensation for your damages, we must be able to prove those damages. Damages include past and future medical expenses, lost wages and earnings, decreased earning capacity, pain and suffering, loss of life enjoyment, and any other loss related to the accident.
We thoroughly review your lifestyle prior to and after the accident to ensure that damages are accurately calculated and we seek the maximum damages that you should be entitled. Our trial attorneys know how to present your damages to a jury in trial, if necessary.
Negotiate With The Defense. After we have gathered all the evidence and facts and calculated your damages, we will begin negotiating with the defense. Negotiating with the defense can be a very difficult and frustrating experience if you do not have experience with this process. Insurance companies are not willing to pay compensation unless they are forced to, so they will take every opportunity to pay you the least amount possible. Our firm generally files a lawsuit on our client's behalf and begins preparing for trial as soon as we begin a case. Filing a lawsuit right away sends a signal to the insurance company that they need to take this matter seriously. However, many times, insurance companies will offer minimal compensation even for severe injuries and damages. We do the best we can to negotiate, but at some point, negotiations cease and we move towards trial.
Go To Trial. Most of the time, personal injury cases settle, sometimes on the courthouse steps, so to speak, other times once evidence is presented. However, not every case can be settled with fair compensation because the insurance company does not believe their insured is at fault, or the case is as valuable as you do.
This is why it is extremely important to have a lawyer that has experience trying cases and is willing, ready, and able to do so on your behalf. Insurance companies are well aware of who they are up against and they treat any settlement offers accordingly. If your lawyer is not experienced at trying cases, the insurance company will not take your case as seriously as they would if you hire an experienced trial attorney from the start.
We Take Accidents Seriously
Our personal injury lawyers take wrongful death accidents very seriously. Our firm is dedicated to getting you just compensation for your damages and will aggressively pursue your case from beginning to end, even if that requires a trial to verdict.
We recognize that wrongful death accidents often have tragic consequences that affect survivors and their families and loved ones in many ways and potentially for the rest of their lives. Loss of income, medical expenses, and psychological trauma deserve just compensation, the same as any other accident.
When appropriate, we will hire experts and consultants to help evaluate the evidence to determine liability and damages. We will take witness depositions and retain any experts to establish that the cause of death was due to the accident or negligence of the defendant.
We will learn everything we can about your loved one, your family and the loss that you are suffering. We gather all the available evidence and resources to tell the story of your loved one and their sudden and unexpected death so your loss can be fully understood by the defendant and a jury in a court of law.
In this effort, we take statements from friends and family, we use video and photographs and whatever else is relevant to convey the loss that you are suffering.
¿HERIDO EN UN ACCIDENTE DE TRABAJO O DE CAMIÓN DE 18 RUEDAS ?
The Hernandez Law Firm provides practical solutions for our clients legal problems. The law firm has built its success by being responsive to client concerns and applying hard work with integrity to find creative legal solutions.