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When one party’s actions harm another, the victim may have grounds to file a personal injury claim. Unfortunately, not every victim of a personal injury survives. When a person dies because of the actions of another party, their surviving family may have cause to file a wrongful death suit against the party responsible for the death. This kind of personal injury suit can be complex, and a Katy wrongful death lawyer can be an invaluable asset in pursuing such a claim.
Experienced Wrongful Death Counsel in Katy, TX
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner has decades of professional experience representing all types of personal injury cases for our clients in Katy and surrounding communities of Texas, including many wrongful death suits. We know how challenging these cases can be, as well as the emotional strain they cause for affected families. If you are unsure of how to proceed with your impending wrongful death suit, we can help.
Since 1951, our firm has provided compassionate legal counsel to Katy clients and has successfully resolved many cases, always aiming to maximize client recovery in all of our cases. We take a client-focused approach to legal representation, learning as much as possible about each client we represent because we know that no two cases are exactly alike.
When you choose our firm to represent you, your Katy personal injury lawyer can be your dedicated legal advocate through all stages of your case, from helping you establish liability for your loved one’s death to uncovering all the various forms of compensation you may recover from a successful wrongful death suit. We will also do everything we can to streamline your case, reducing the time it takes for you to receive your compensation.
Common Causes of Wrongful Deaths in Katy
Any situation that could cause a personal injury also has the potential to result in fatal harm. Depending on how your family member died, the legal process of securing compensation from the at-fault party may differ. Abraham, Watkins, Nichols, Agosto, Aziz & Stogner has extensive professional experience handling wrongful death claims that touch upon various aspects of Texas law.
Car Accident Fatalities
Each year in Texas, motor vehicle accidents are a leading cause of accidental deaths. The typical process for recovering from a car accident begins with proving fault and filing an auto insurance claim against the responsible driver. When insurance fails to fully compensate the victim’s damages, a personal injury suit may help secure just compensation
This process also applies in fatal accidents. The surviving family must identify the driver at fault and demonstrate how the accident was caused. After proving fault, the family can file a claim against the responsible driver’s insurance; however, a wrongful death suit may be necessary to ensure they are compensated to the fullest extent possible.
We can help our clients gather the evidence they need to firmly establish liability for a fatal accident, such as traffic camera footage, drivers’ cell phone records, vehicle computer data, and testimony from eyewitnesses.
Workplace Fatalities
Unexpected injuries can occur in any workplace. While some employers in Texas have workers’ compensation insurance that may provide relief after such incidents, death benefits for the family of a worker who died on the job can be difficult to secure. It is possible for a workplace fatality to result from the actions of a specific party, opening the door for a civil suit against them.
If your loved one died while working, your Katy wrongful death attorney can help determine whether the death occurred because of any specific party or because their employer failed to enforce applicable safety regulations. It is also possible for the victim to have died while working due to the actions of a third party.
Ultimately, navigating the legal aftermath of a fatal workplace injury in Katy can be very challenging without an experienced attorney. Your Katy personal injury lawyer can help you navigate the workers’ compensation claim filing process and build a wrongful death suit if necessary in your situation.
Maritime Accidents
Working at sea is inherently dangerous in many ways, and if your loved one died while working in any type of maritime operation, it is vital to understand the unique laws that may apply to your situation. Specifically, the Death on the High Seas Act is likely to apply to this kind of case. Abraham, Watkins, Nichols, Agosto, Aziz & Stogner has years of professional experience handling a wide range of maritime accident cases and can provide the compassionate legal counsel you and your family need for any type of fatal maritime accident claim.
Premises Liability Claims
When any injury occurs on private property in Texas, the property owner may bear responsibility for the resulting damages under the state’s premises liability laws. A property owner must address any foreseeable safety hazards they notice on their property to the best of their ability. This may require fixing safety issues immediately or posting clearly visible warning signs.
It is important to remember that in any premises liability claim, the victim must have been legally present on the property for the property owner to be held liable for their damages. This means they had the property owner’s express or implied permission to enter the property. A trespasser or intruder injured on private property has limited legal grounds for a premises liability claim.
Intentional and Illegal Acts
While many of the wrongful death claims filed in Katy arise from accidents and acts of negligence, it is also possible for intentional and illegal misconduct to cause fatal harm. In this situation, the family of the victim may pursue a civil wrongful death action against the at-fault party, but the defendant would also face criminal charges.
Intoxicated driving, assault, and any other illegal act resulting in fatal harm can lead to very complex legal proceedings for the family of the victim. Additionally, the defendant could face increased financial liability to the family in the form of restitution and/or punitive damages. The defendant is also likely to face increased penalties in criminal court due to their actions resulting in death.
Building Your Wrongful Death Suit in Katy
No matter how your loved one’s death occurred, if another party is directly responsible for causing the death, you will need to firmly establish liability before you and your family can recover any compensation with a wrongful death claim.
In a wrongful death case caused by negligence, the plaintiff must accurately identify the defendant responsible for the death and prove that their failure to act with reasonable care led to the victim’s death. While proving fault in cases involving illegal misconduct may seem more straightforward, such cases can present more complex legal challenges for the plaintiff and the surviving family.
Eligibility to File a Wrongful Death Suit in Texas
Under Texas law, only the closest surviving family members of the victim are eligible to file a wrongful death suit. This typically includes the victim’s spouse, children, and/or parents. If no such relative files a wrongful death claim within three months of the death, the personal representative named in the estate of the deceased would be able to file a claim.
Wrongful Death Claim Versus Survival Action
Many people conflate wrongful death claims with survival actions, but these two types of cases focus on different damages. However, they may be filed in tandem in some situations. A wrongful death claim seeks compensation for the losses suffered by the family of the deceased, while a survival action focuses on securing repayment of losses suffered by the estate of the deceased between their accident and the time of death.
Some individuals who are killed by the actions of others do not die immediately. They may be taken to the hospital and survive for a period of time while medical teams attempt to save their life. This can lead to very expensive medical bills, lost income, and other losses for the deceased’s estate. Additionally, if the defendant caused damage, these damages may also be included in a survival action.
Claiming Compensation for Wrongful Death in Katy
The objective of a personal injury suit is for the injured victim to recover compensation for the damages a defendant inflicted. In a wrongful death suit, the objective is to hold the defendant accountable for the harm they inflicted on the victim’s family.
While a wrongful death claim will follow the same procedural rules as a standard personal injury claim, the damages available to the plaintiff are very different. It’s possible for a successful wrongful death lawsuit to yield compensation for:
- Lost financial support the deceased can no longer provide to their family. Your Katy personal injury lawyer can help calculate how much income the victim could have provided in the future if they had survived.
- Increased household and childcare costs. The family of the deceased may need to completely reorganize their lifestyle due to their loss, and this often entails increased living expenses. Your attorney can help accurately assess any such damages you intend to claim from the defendant.
- Funeral and burial expenses. The funeral and burial of the deceased will likely occur before the wrongful death suit is finalized. Whoever pays for these expenses can reasonably expect reimbursement from the successful wrongful death suit.
- Pain and suffering experienced by the surviving family. The surviving spouse can claim compensation for loss of affection and consortium. Surviving children can receive compensation for the loss of parental companionship and guidance provided by the deceased. Your attorney can help determine a reasonable figure to reflect these non-economic damages.
Your Katy wrongful death lawyer can assist you in building the framework of your case, from proving fault for the death to defining all of the various damages you can seek from the defendant. When you choose Abraham, Watkins, Nichols, Agosto, Aziz & Stogner to represent you, our goal is to secure maximum compensation for you and your loved ones.
What to Expect From Your Katy Wrongful Death Attorney
Having trustworthy legal representation on your side will simplify every aspect of your wrongful death suit and increase the likelihood of achieving the desired outcome These cases are extremely challenging due to the emotional toll of losing a loved one unexpectedly, and the frustration that comes with knowing their death resulted from another party’s negligence or illegal misconduct.
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner can work closely with you to help you understand the legal requirements you will need to fulfill to file your claim successfully and ensure the greatest chance of success.
Our firm can gather evidence needed to prove liability for your loved one’s death. The evidence you may require will vary based on the nature of the accident. When a case involves highly technical and/or complex details, we can arrange for expert witness testimony to support our clients.
When it comes to the damages you and your family might secure from a successful wrongful death suit, trust our team to help you uncover every available form of compensation you could foreseeably obtain from the defendant. We can also assist you in calculating the projected future damages you can include in your case and assess what level of compensation is reasonable to reflect your family’s pain and suffering.
Consult With a Wrongful Death Lawyer
You have a relatively short time in which to file your wrongful death suit in Katy, so it is vital to connect with trustworthy legal counsel as quickly as possible to ensure the greatest chance of success. Contact our firm today to schedule a free consultation with a Katy personal injury lawyer. We can help you build an effective wrongful death claim and assist your family in recovering the compensation you need to adjust to your new circumstances.
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