Losing a family member unexpectedly can be overwhelming. If the negligent actions of another caused the untimely passing of a family member, the at-fault person should be held responsible for their actions. Filing a Katy wrongful death action is one way to hold the negligent party accountable.
The seasoned wrongful death attorneys at KGS Law understand that when a family member unexpectedly passes due to another’s negligence, the effects will be felt for many years. We do not just provide legal advice; we provide support and guidance to help families navigate the legal process and understand their options. Call our law office today for help answering your questions and evaluating your case.
Filing a Wrongful Death Action
When a loved one is lost unexpectedly, it can be challenging to move forward. A Katy lawyer could assist with a wrongful death case and determine who can file an action for potential compensation.
A wrongful death lawsuit may be filed when a fatality occurs that was caused because of the negligence of another. An action can be filed by the surviving spouse, children, or parents of the deceased. If no action is filed within three months of the death, the executor or administrator of the estate, who is responsible for managing the deceased’s assets and liabilities, may file.
What Must Be Proven in a Wrongful Death Case?
An experienced attorney in Katy could assist in filing a wrongful death action after the unexpected loss of a loved one. In a wrongful death action, the person bringing the case (the plaintiff) must prove that the party that was negligent and caused the death (the defendant) owed a duty of care to the deceased.
The plaintiff must further prove that the defendant breached this duty by not acting in a safe manner. The breach must be shown to have directly caused the death. Finally, the plaintiff must prove that the injuries suffered resulted in damages.
Potential Compensation for a Wrongful Death Claim
A reliable personal injury attorney in Katy could help determine the value of a wrongful death action to ensure all potential compensation is included while filing. Any medical expenses incurred, such as hospital bills and ambulance fees, may be requested.
In addition, a wrongful death claim may include lost care, maintenance, and funeral expenses. Potential compensation for noneconomic damages, which are not directly tied to financial losses, may include mental and emotional anguish. Loss of companionship and loss of parental guidance can also be claimed as noneconomic damages.
Punitive damages may be requested in cases where gross negligence is involved. A court may award punitive damages when a defendant’s behavior is particularly reckless. This is meant to serve as a punishment and deter others from repeating the same actions. A Katy attorney who assists with filing wrongful death actions could help determine what compensation may be available.
Contact a Wrongful Death Action Lawyer in Katy for Help With Filing
The unexpected death of a loved one is traumatic. If you have lost a loved one unexpectedly, you need to focus on your family and their well-being. Filing a Katy wrongful death action can feel overwhelming, but our attorneys could assist you in navigating the legal process.
We are here to help you seek justice and secure the compensation you deserve. You are not alone when you work with KGS Law. Contact a member of our legal team today to discuss your options.