Katy Wrongful Death Lawyer

A loved one’s catastrophic accident impacts a family physically, emotionally, and financially. The impact is made worse if your loved one dies from injuries suffered in an accident caused by someone else. If the decedent was responsible for providing for the family, there will be other sudden considerations beyond your personal grieving.

There is recourse when you need to address medical bills and funeral expenses. If the decedent could have recovered compensation from the at-fault party in a personal injury lawsuit, there is a good chance that the decedent’s family can recover compensation with the help of a Katy wrongful death lawyer.

Wrongful Death is Based on Negligence

Personal injury and wrongful death claims are based on negligence, which is established by proving an irresponsible party caused an accident that injured or killed someone else. It is also important to establish that the defendant had a “duty of care” to keep others safe.

Some scenarios that commonly lead to a wrongful death claim in Fulshear include:

• A motor vehicle collision, especially those involving a commercial truck or large bus
• A nursing home patient is neglected or abused, leading to death
• A physician commits malpractice, such as through misdiagnosis or prescribing the wrong medication
• A worker is killed while on the job, especially in dangerous industries like maritime work or construction
• The owner of a known dangerous dog fails to restrain it, causing it to maul someone

Sometimes, more than one defendant can be held liable for a wrongful death. For instance, the family of a nursing home resident could sue the specific caregivers, the nursing home, and the management overseeing the patient for negligence. A Katy wrongful death attorney could determine if a situation amounts to legal negligence.

Who Can Instigate Wrongful Death Claims?

The Texas Civil Practice and Remedies Code § 71.004 limits who can file a wrongful death lawsuit – namely the surviving spouses, children, and parents of the decedent. Children can be biological or adopted, but unadopted stepchildren cannot file a claim. Texas recognizes common law marriages, called marriages without formalities, under the Texas Family Code Chapter 2(E). Formal and informal spouses can file wrongful death claims. However, longtime boyfriends and girlfriends cannot file one. Any of these statutory beneficiaries can take action to benefit all of them.

If no statutory beneficiary files a wrongful death action within three months of the family member’s death, the executor of the decedent’s will or the administrator of the estate can bring one. However, the family members who are entitled to bring the action can specifically request the executor not to file suit.

Compensation for the Loss of a Family Member

Family members are entitled to compensation covering the decedent’s final medical bills and funeral expenses. They can also ask for compensation for the family losing the decedent’s monetary contributions through wages, the suffering they are experiencing, and future lost wages. Spouses, children, and parents could also be compensated for losing the decedent’s guidance and companionship. A Katy wrongful death attorney may help calculate a fair damages award and make the case for it during negotiations or trial.

Let a Compassionate Katy Wrongful Death Attorney Guide Your Family

The Schechter, Shaffer & Harris team extends our sympathies if you have just lost a loved one due to negligence. You need time to process your anger and grief, and we are ready to help take the legal burden off your shoulders.

If your loved one’s situation would have amounted to a personal injury lawsuit if they had lived, your family is probably eligible for compensation from a wrongful death action against the culpable parties. You need a compassionate Katy wrongful death lawyer to help you in this difficult time. Reach out to us and schedule a free consultation.