The sudden death of a loved one can leave you feeling unsure of your next steps. If you have lost a spouse, parent, or child in any type of accident caused by another person’s actions or inactions, you may be eligible to seek compensation through a wrongful death claim.
The success of your claim depends on your ability to demonstrate who was at fault. Our skilled lawyers at KGS Law have assisted numerous clients in establishing negligence in Katy wrongful death claims, helping them secure the compensation they deserve. Call today to consult with a knowledgeable wrongful death attorney.
What Determines Negligence in Wrongful Death Cases?
To prove negligence in a Katy accident that resulted in someone’s death, the claimant must be able to show three elements:
Duty of Care
You must prove that the at-fault party owed your loved one a duty of care in a given circumstance. The duty of care is the reasonable actions that someone is required to take to prevent causing harm to others, such as a driver following traffic laws or a doctor ensuring that they take an accurate patient history before prescribing treatment for an illness.
Breach of Duty
Next, you need to demonstrate that the duty owed by the at-fault party was violated. For example, a driver can breach this duty by speeding, texting while driving, or engaging in other forms of negligence.
Resulting Injuries
The breach must directly result in the accident that caused the death of your loved one. As a result, their parents, spouse, or children will have suffered financial and psychological losses due to their untimely passing.
Proving negligence is crucial to receiving compensation for a wrongful death claim. The at-fault party’s insurance provider will only accept liability if the elements are clearly shown, and even then, they will often attempt to cast blame on the claimant or other parties to avoid paying out on the claim.
If fair compensation cannot be achieved through a negotiated settlement, a lawsuit may be filed, and the case will be presented to a judge or jury in Katy, who will determine whether the defendant’s negligence led to a wrongful death.
How a Lawyer Can Help You Prove Negligence in Your Case
When a lawyer investigates a wrongful death case, they look for evidence and documentation to satisfy the three elements of negligence. Some evidence they might consider when determining negligence in a Katy wrongful death case includes official accident reports, surveillance video, eyewitness testimony, or expert testimony.
In addition to proving negligence, an attorney will also work to ensure that the claimant’s losses are properly valued, that the documentation is available to justify the claim’s value, and that the case is filed in court within the two-year statute of limitations. This allows them to keep all of their client’s legal options available.
Contact KGS Law for Help Determining Negligence in a Katy Wrongful Death Case
The legal team at KGS Law was established to assist individuals and families confronting legal challenges arising from someone else’s negligence. We excel at gathering evidence and presenting it effectively to insurance companies and juries.
Our personal injury attorneys are committed to collaborating on cases as a team, with at least three legal professionals dedicated to finding the optimal solution for our clients. Contact us today for your free case evaluation.