Wrongful Death Lawyer
A True Warrior
Joe Stephens has a legendary reputation when it comes to fighting for the rights of widows, children, orphans, and parents who have lost a loved one. Just ask Clara Harris, the infamous dentist who attacked her husband David with her silver Mercedes with his daughter in the passenger seat. She found out the hard way that it does not pay to fight it out with Joe Stephens at the courthouse.
Joe Stephens and his trial team earned a hard-fought and convincing victory for his clients, Mildred and Gerald Harris in a multi-million dollar wrongful death verdict. Mr. Stephens has led the way in dozens of other multi-million dollar trials and settlements that have garnered nationwide attention. He won the Quarry Market Mall murder case involving the violent death of a patron outside a San Antonio Theater. A jury awarded the family millions of dollars in order to make the Mall pay for failing to protect its patrons from criminal assaults on patrons. In other cases, he has recovered millions of dollars for children, spouses, and parents in Trucking Accident cases, both at trial, and by settlement.
How does he do it? Not only is he double board certified in Civil Trial Law, and in Personal Injury Trial Law, he also studied under Gerry Spence, the famed trial lawyer who has never lost a criminal trial. After watching Stephens in many Regional Workshops, Spence asked Joe Stephens to fly to his Ranch in Wyoming for a three week-study at the Trial Lawyer’s College in the principles of trial success mastered by Spence. These principles focus on connecting with the hearts of jurors during trial so that jurors feel empowered to deliver meaningful justice for the damned, the least, the last, and the lost.
Wrongful Death - Overview
A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent's immediate family members. In Texas, the surviving spouses and children, and parents have the legal right to recover money for their loss. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death are also part of the loss you may recover.
Elements of a Wrongful Death Lawsuit
In order to bring a successful wrongful death cause of action, the following elements must be present:
The death of a human being;
Caused by another's negligence, or with
intent to cause harm;
The survival of family members who are
suffering monetary injury as a result of the death, and;
The appointment of a personal representative
for the decedent's estate.
A wrongful death claim may arise out of a number of
circumstances, such as in the following situations:
Medical malpractice that results in
decedent's death;
Automobile or airplane accident;
Occupational exposure to hazardous conditions
or substances;
Criminal behavior;
Death during a supervised activity.
Offshore accidents
Defective products which kill a loved one
On the job construction site deaths
WRONGFUL DEATH LAWSUIT DAMAGES
Pecuniary, or financial, injury is the main measure of damages in a wrongful death action. Courts have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Most laws provide that the damages awarded for a wrongful death shall be fair and just compensation for the pecuniary injuries that resulted from the decedent's death. If the wrongful death family members paid or are responsible for the decedent's funeral or medical care, they may also recover those expenses. Finally, a damage award will include interest from the date of the decedent's death.
Houston Wrongful Death Attorney
Joe Stephens knows how devastating it can be to suddenly lose a family member as a result of another's negligence or wrongdoing. Family members lose the love, companionship, comfort, guidance, and often, financial support of a deceased family member.
Successful Wrongful Death Cases
The immediate hiring of a knowledgeable, dedicated Houston wrongful death attorney is the first step to a successful wrongful death case. In most cases, the insurance company or employer of an at-fault party will immediately begin to investigate a death and will go to any length to defend their company or employee who caused the occurrence that resulted in the death, regardless of the degree of negligence on the part of the at-fault party. Immediate investigation by an experienced Texas wrongful death attorney on behalf of the deceased loved one is essential to ensure that the at-fault party does not succeed in further wrongfully placing blame on the deceased person who no longer has a voice of his own.
The most important step to a successful truck injury lawsuit is hiring a capable Houston, Texas Wrongful Death Attorney as early as possible so he may begin to investigate your case and gather essential evidence and information as soon as possible. Many companies and their insurance companies send out early response groups to the scene of an incident or crash on the very day it occurs in order to collect evidence which may be used against the injured party at a later date! It takes a tough accident lawyer such as Joe Stephens to identify that evidence as soon as possible in order to help preserve your rights.
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