Katy, TX Wrongful Death Lawyer
Skilled Wrongful Death Lawyers Serving Clients in Katy, Texas
Losing a loved one is a devastating experience that leaves a void no amount of legal action can truly fill. When that loss occurs because of someone else’s carelessness or intentional misconduct, the grief is often compounded by a sense of injustice. At Scott Callahan & Associates, we recognize that you are going through one of the most difficult chapters of your life. Our mission is to provide the compassionate support and firm legal advocacy you need to hold the responsible parties accountable and secure the resources your family needs to move forward. If you find yourself in this heartbreaking situation, choosing a Katy, TX wrongful death lawyer who understands the local legal landscape is vital.
What Qualifies as a Wrongful Death in Texas?
In the state of Texas, a wrongful death is defined as a death caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity. Essentially, if your loved one would have been entitled to file a personal injury lawsuit had they survived the incident, then their survivors likely have the grounds to file a wrongful death claim. These tragic events can occur in a variety of ways, from workplace accidents and medical errors to criminal acts and vehicle collisions.
For example, if your family member was killed in a collision involving a negligent motorist, you may also need the guidance of a Katy car accident lawyer to investigate the specific traffic violations or driver behaviors that led to the tragedy. Our team is equipped to handle these multi-layered cases, ensuring that every contributing factor is identified and documented to build the strongest possible claim for your family.
Who Has the Right to File a Claim?
Texas law is specific about who can initiate a wrongful death lawsuit. Generally, the right to file is limited to the deceased person’s immediate family members, which includes:
- The surviving spouse (including common-law spouses recognized under Texas law).
- The children of the deceased, including adult children and legally adopted children.
- The parents of the deceased, including biological and adoptive parents.
If none of these family members file a claim within three months of the death, the executor or administrator of the deceased person’s estate may file the claim unless all the eligible family members specifically request that the claim not be filed. It is important to note that siblings and grandparents generally do not have the legal standing to file a wrongful death lawsuit in Texas. As your Katy, TX wrongful death lawyer, we can help clarify your eligibility and ensure that the right parties are represented in the eyes of the court.
The Types of Compensation Available to Families
While no financial recovery can replace your loved one, the law provides a way for families to seek “damages” to help cover the significant costs and losses associated with a sudden death. We work tirelessly to ensure that all your losses are accounted for in a settlement or jury award. These damages are typically divided into three categories:
1. Economic Damages
These are the measurable financial losses your family has suffered. They include the loss of the deceased person’s earning capacity, the loss of benefits (such as health insurance or retirement funds), and the loss of inheritance that would have been saved if the person had lived. We also seek reimbursement for funeral and burial expenses and any medical bills incurred between the time of the injury and the time of death.
2. Non-Economic Damages
These damages are intended to compensate for the intangible, emotional losses. This includes the loss of companionship, comfort, and society, as well as the mental anguish and emotional pain suffered by the survivors. For children who have lost a parent, this also includes the loss of parental guidance and nurturing.
3. Exemplary (Punitive) Damages
In cases where the death was caused by “gross negligence” or a willful act, the court may award exemplary damages. These are not meant to compensate the family, but rather to punish the wrongdoer and deter others from similar behavior in the future. We carefully evaluate every case to determine if the defendant’s actions meet the high legal bar for these types of awards.
If the fatal incident occurred on a commercial or residential property due to unsafe conditions, such as a lack of security or a structural hazard, our team will work in tandem with our wrongful death specialists to hold the property owner accountable for their failure to maintain a safe environment.
The Statute of Limitations in Texas
We cannot stress enough the importance of acting quickly in these cases. In Texas, the statute of limitations for a wrongful death claim is generally two years from the date of the individual’s death. If you miss this deadline, you will likely lose your right to pursue compensation forever. There are very few exceptions to this rule, such as when the claimant is a minor child, but it is always best to begin the process as soon as possible. Starting early allows us to preserve evidence, interview witnesses while their memories are fresh, and build a comprehensive timeline of the events that led to your loss.
How Scott Callahan & Associates Can Help
When you choose us as your Katy, TX wrongful death lawyer, we take the legal burden off your shoulders so you can focus on healing and being with your family. Our approach is thorough and relentless. We handle the investigation, the filing of all legal documents, and the aggressive negotiations with insurance companies that often try to minimize the value of your loss. We prepare every case as if it is going to trial, which gives us maximum leverage at the settlement table.
We pride ourselves on our accessibility and the personal relationships we build with our clients. We aren’t just your legal representatives; we are your partners in seeking justice. We operate on a contingency fee basis, meaning we don’t get paid unless we successfully recover compensation for you. This ensures that you have access to high-quality legal representation regardless of your current financial situation.
If you are ready to discuss your options and learn more about how we can help your family seek the justice you deserve, contact us today for a free, confidential consultation. Let us stand by your side during this trying time and fight for the future of your family.