Wrongful Death
Katy Wrongful Death Attorney
When a loved one passes away due to another person's negligence or intentional actions, it can be devastating and overwhelming. While no amount of compensation can bring back a loved one, it can help ease the financial burden and provide some sense of justice. That's why it's essential to work with an experienced Katy wrongful death attorney who can help you navigate the legal system and ensure you receive the compensation you deserve.
A wrongful death attorney has the knowledge and experience necessary to handle your case, from gathering evidence and interviewing witnesses to negotiating with insurance companies and representing you in court. They will also be able to help you understand your legal rights and the compensation you may be entitled to and guide you through the process every step of the way.
Call the Law Office of Shane McClelland at (713) 242-1302 to schedule a consultation with our Katy wrongful death lawyer. Get the justice and compensation you deserve after losing a loved one.
Wrongful Death Lawsuits
In Katy, Texas, a wrongful death lawsuit is a legal action filed when a person dies due to another person's negligence or unlawful act. The purpose of a wrongful death lawsuit is to hold the responsible party accountable and compensate surviving family members for their losses.
Under Texas law, the personal representative of the deceased person's estate has the right to file a wrongful death lawsuit on behalf of certain surviving family members, including the spouse, children, and parents. The personal representative manages the deceased person's estate, ensuring that debts are paid and any remaining assets are distributed to the beneficiaries.
The surviving family members can seek compensation for a variety of damages, including:
- Medical expenses incurred as a result of the injury that led to death
- Funeral and burial expenses
- Lost wages and benefits, including future earning potential
- Loss of love, companionship, and emotional support
- Pain and suffering experienced by the deceased person before death
- Punitive damages, which are designed to punish the responsible party for particularly outrageous or egregious behavior
It's important to note that the statute of limitations for filing a wrongful death lawsuit in Texas is two years from the date of death, so it's crucial to take action as soon as possible to protect your rights and those of your loved ones. Consulting with an experienced wrongful death attorney in Katy can help you understand your options and make informed decisions about pursuing a claim.
Factors Affecting the Duration of a Wrongful Death Lawsuit
The time it takes to settle a wrongful death lawsuit in Katy, Texas, depends on several factors, including the case's complexity, the availability of witnesses and evidence, and the court's docket. For instance, if the claim involves multiple parties and a large amount of evidence, it may take longer to resolve than a case with fewer parties and less evidence.
The availability of witnesses and evidence can significantly impact the speed at which the case moves forward. If witnesses are readily available to provide testimony and evidence is easily obtainable, the process may move along more quickly. The process may be slowed if witnesses are challenging to locate or if proof is difficult to gather.
The court's docket can also play a role in determining the length of time it takes to settle a wrongful death lawsuit. If the court is backed up with many cases, it may take longer for your case to be heard and resolved.
On average, a wrongful death lawsuit in Katy, Texas, can take anywhere from several months to several years to resolve. This wide range is due to the unique nature of each case and the factors affecting its resolution.
Proving Negligence in a Wrongful Death Case
- Duty of Care: The defendant had a legal duty to exercise reasonable care toward the deceased. This duty of care applies to all individuals, corporations, or government entities.
- Breach of Duty: The defendant breached the duty of care by acting in a manner that fell below the reasonable standard. The breach of responsibility can be proven by showing that the defendant's actions were careless, reckless, or intentional.
- Causation: The death must have a direct link to the defendant's actions. If other factors contributed to the death, such as a pre-existing medical condition, the defendant must have been a substantial factor.
To support these elements, you may use various forms of evidence, such as eyewitness testimony, expert opinions, medical records, police reports, and other relevant documentation.
Wrongful Death Lawsuits vs. Criminal Cases Explained
If you have lost a loved one due to the actions of another person, it is possible for there to be both a wrongful death lawsuit and a criminal case related to the same death. The wrongful death lawsuit is a civil case, while the criminal justice system handles a criminal case. The main goal of a criminal case is to find out if a crime was committed and to hold the responsible party accountable.
It's important to understand that the outcome of a criminal case can influence a wrongful death lawsuit. For instance, if the person charged with a crime is found not guilty, it might be more challenging for the family to prove negligence in a wrongful death lawsuit. However, the legal standards of proof for a wrongful death lawsuit and a criminal case are different, so even if the person is not guilty in the criminal case, they may still be held responsible in a wrongful death lawsuit.
Why Hire a Wrongful Death Lawyer in Katy?
Hiring a wrongful death attorney can provide you with several benefits. An attorney can help you understand your legal rights and options and guide you through the often-complex legal process of pursuing a wrongful death claim.
- Gathering Evidence: The Law Office of Shane McClelland is committed to providing you with comprehensive and effective representation in wrongful death cases. With a strong focus on gathering evidence, we work tirelessly to build a solid case on your behalf and secure the justice you deserve.
- Negotiating a Settlement: We excel at negotiating settlements in wrongful death cases, allowing you to receive compensation quickly and efficiently without needing a lengthy and costly trial.
- Going to Trial: We offer comprehensive representation in wrongful death cases, including the ability to take the case to trial if a settlement cannot be reached. You can be assured that your lawsuit will be thoroughly presented in court to recover the maximum compensation possible.
- Recovering Compensation: Our experienced Katy wrongful death attorney can pursue compensation for all of your losses, including medical bills, funeral costs, loss of income, and emotional damages such as pain and suffering and loss of companionship.
Get the justice you deserve with the help of the Law Office of Shane McClelland. Call us at (713) 242-1302 to schedule a consultation with our Katy wrongful death lawyer!
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“Shane's level & his team’s level of care for me were second to none.” - Adam D.
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“Shane helped us in an injury case against a big box company.” - Randy Sergent SR, US Army Master Sergeant
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“Attorney Shane McClelland took plenty of time to explain all my options.” - Mike H.