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Midland Wrongful Death Lawyers

Fighting for Families in Midland-Odessa, TX & Nationwide

The loss of someone you love is a horrific blow. It is difficult enough in situations where nothing could have been done to save them. But in cases where their death can be traced back to a decision or action someone else made, whether that's a drunk driver who decided to get behind the wheel, a company that prioritized profits over safety, or a manufacturer that released a defective product, that loss is so much worse.

Our Midland-Odessa wrongful death attorneys are here to help. 

Losing a spouse, parent, child, sibling, or loved one leaves an irreplaceable void in your life. Finding answers and holding at-fault parties accountable can start to fill that void, bringing peace of mind with the knowledge that justice has been served. A successful wrongful death case can help a family with medical bills, funeral costs, loss of support, loss of companionship, and the many other losses and expenses they've experienced and may endure in the future.

When we take on a wrongful death case, it's personal. It's personal to us because our clients are like family, and we do everything in our power to help them see justice served.

Compassionate Help for the Grieving

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Wrongful Death Lawsuits in Midland-Odessa

A wrongful death occurs when a person is killed by the negligence of another person or entity. 

Wrongful death claims are handled similarly to personal injury cases, except they are brought by the relatives and dependents of the deceased person. Damages sought in wrongful death claims often include lost wages that would otherwise have been earned by the deceased person, medical costs if the person required treatment before their death, and some measure of compensation for grief (e.g. loss of companionship, loss of consortium). In many cases, wrongful death can also result in punitive damages or damages for emotional distress.

Who Can File a Wrongful Death Lawsuit in Midland-Odessa, TX?

Not everyone can file a claim. Only close relatives can file a wrongful death lawsuit in Midland-Odessa:

  • Spouses
  • Children
  • Parents and grandparents
  • The person in charge of the decedent’s estate

Grounds for a Midland-Odessa Wrongful Death Lawsuit

Texas law dictates a wrongful death must be caused by the “wrongful act, neglect, carelessness, unskillfulness, or default.” If a person needs to file a wrongful death lawsuit, they must do so within two years of the victim’s death.

There are two keys to a wrongful death lawsuit, which the plaintiff must prove:

  • The victim's death was caused by the defendant, through negligence or an intentional act; and
  • The victim's family suffered financial and/or emotional damages as a result.

The burden of proof in a wrongful death lawsuit in Midland-Odessa is not as strict as it is for a criminal case. You have probably heard of proving guilt beyond a reasonable doubt, but this only applies in criminal court. In civil court, where wrongful death lawsuits are filed, the burden of proof is based on a preponderance of the evidence.

The plaintiff (in this case, the family of the decedent) must prove it is more than likely true that their loss was caused by the negligence or wrongdoing of the defendant (the at-fault party). If a jury is involved, the verdict does not need to be unanimous. The wrongful death ruling will be determined by the majority of jurors.

Talk to a Lawyer About Your Wrongful Death Lawsuit in Midland-Odessa

If you want to take legal action after the loss of a loved one, your best bet is to work with an attorney who has experience with wrongful death lawsuits in your area. Trying to deal with the insurance company and other parties can be frustrating, overwhelming, and downright impossible. A competent wrongful death lawyer from Arnold & Itkin will know exactly how to deal with the insurance adjuster and all other interested parties, so you and your family have the opportunity to get the answers you need and the full compensation you deserve. We have recovered billions of dollars on behalf of our clients by never settling for less than what our clients deserve.

To work with a firm that gets results, call (888) 493-1629 to schedule your free, confidential consultation with our wrongful death law firm.

Common Questions

  • What Can Be Claimed in a Wrongful Death Suit?

    Since wrongful deaths are treated similarly to Midland-Odessa personal injury cases, economic losses are a part of the claim. However, family members may also claim emotional distress during a wrongful death claim, as well as punitive damages in order to incentivize the at-fault party to change their ways. Damages that can be claimed in a wrongful death case may include medical costs related to the cause of their death, funeral expenses, lost wages and benefits that the individual would have made if still alive, services that the individual would have provided, and the emotional suffering of surviving family members.

  • What Are the Causes of a Wrongful Death?

    Midland-Odessa has a booming oil economy. Each day, workers are placed at risk from toxic substances and dangerous machinery. Workers may die in the oilfield because their employers or other people act negligently, either by failing to provide maintenance or training or through unsafe practices. However, wrongful death isn't limited to dangerous occupations; people can die from negligence in nearly any context. Car accidents, workplace accidents, unsafe property grounds, defective drugs, and defective products can all cause wrongful deaths.

  • Is There a Time Limit That Applies to Wrongful Death Lawsuits in Midland, TX?

    Yes, there is a statute of limitations on wrongful death lawsuits in Texas, which will apply to a case filed in Midland, Odessa, or the surrounding areas. Your wrongful death attorney should take the necessary steps to make sure you do not miss this deadline, as that could nullify your ability to file your case. You have two years from the date of your loved one's death to file a wrongful death lawsuit in Midland-Odessa.

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