When suffering from the wrongful death of a loved one, finding a trusted legal partner is pivotal for effectively navigating Texas law and securing fair compensation. A Midland wrongful death lawyer at Braker White stands ready to guide you through the complex legal landscape. Our attorneys are dedicated to ensuring that you are compensated fairly while you focus on healing. Below you will find a comprehensive overview of navigating a wrongful death claim in Texas, including the basics of wrongful death, the legal process, and how our Midland team can support you during this challenging time.
Is Your Family Suffering From a Wrongful Death?
Our Midland wrongful death attorneys are here to help navigate your wrongful death claim, build a strong case, and fight to secure the financial compensation your family needs and deserves. Contact us today for a free case review.
We Make It Easy To Get Help
Whether you give us a call, fill out our online form, or stop by our office, we make getting help with your case easy. Our consultations come at no cost to you, so don’t hesitate!
You Have the Right to Compensation
Your rights are legally protected, and we work hard to defend them. If you have a case, we fight for every dollar you deserve.
No Upfront Fees
We operate on contingency, meaning you don’t pay us unless we win compensation for you. There are no upfront fees and no risks when working with us!
Table of Contents
- Braker White is Here for You After a Wrongful Death
- Do I Have a Wrongful Death Case?
- Texas’ Wrongful Death Statute of Limitations
- Compensation in a Texas Wrongful Death Lawsuit
- Texas Wrongful Death Claims: The Legal Process
- How Can an Odessa Wrongful Death Attorney Help?
- Wrongful Death FAQs
- Our Team of Midland Wrongful Death Lawyers
- Related Articles & Info
Braker White is Here for You After a Wrongful Death
After losing a loved one due to someone else’s negligence or wrongful act, finding a path forward can be daunting. During these times, beginning the process of pursuing compensation can be overwhelming. Gathering evidence and filing a wrongful death claim is a complex undertaking, and maximizing your chances of securing compensation can be difficult.
However, you don’t need to handle your wrongful death claim alone. At Braker White, our Midland wrongful death attorneys will take care of the legal processes so you can focus on healing during these difficult times. Our dedicated team is committed to meticulously gathering evidence, meeting all legal deadlines, negotiating the maximum settlement possible, and ensuring swift compensation delivery.
Contact us for compassionate, comprehensive legal support designed to lift the weight off your shoulders and provide the peace of mind and compensation you rightfully seek.
Do I Have a Wrongful Death Case?
In Texas, a wrongful death claim may be valid if the death of a person is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity.
In order to have a valid wrongful death claim in Texas, you typically need to meet the following criteria:
- Proof of Negligence or Intent: The death must have been caused by negligent or intentional actions or omissions of another party. This means you must establish that the responsible party had a duty to act/not act a certain way, and their breach of that duty directly caused the death.
- Relationship to the Deceased: Only the spouse, children (including legally adopted children), and parents of the deceased are eligible to file a wrongful death claim. Siblings are not eligible.
- Financial Loss: The claimants must demonstrate that they suffered financial loss due to the death–loss of income, inheritance, care, maintenance, services, support, advice, and/or counsel.
- Claim is Filed On Time: The wrongful death claim must be filed within a specific time frame, known as the statute of limitations. This time frame might change depending on a variety of factors surrounding the case.
Our Midland wrongful death lawyers offer free initial case reviews to help determine if you have a valid wrongful death claim. Contact us today to find out–there is no charge to you.
Put An Award Winning Lawyer On Your Side!
Texas’ Wrongful Death Statute of Limitations
In Texas, the statute of limitations for filing a wrongful death claim is generally 2 years from the date of the deceased person’s death. This means eligible claimants must file the lawsuit within 2 years after the death in order to legally pursue compensation.
Exceptions to the Statute of Limitations:
- Discovery Rule: If the cause of death was not known or could not reasonably have been discovered within the 2-year period, the statute of limitations may begin from the date the cause of death was discovered (or should have been reasonably discovered).
- Minors: If a child under the age of 18 loses a parent, the statute of limitations may not begin until the child turns 18.
- Mental or Physical Impairment: If the person entitled to file the claim suffers from a mental or physical impairment, the statute of limitations may be paused until the impairment ends.
Compensation in a Texas Wrongful Death Lawsuit
The next big question after determining you have a valid wrongful death case is: how much is my wrongful death claim worth?
In Texas, the compensation for wrongful death claims is intended to address the financial and emotional losses suffered by the deceased’s family or estate. This means the total compensation you may be entitled to completely depends on the unique details of your specific claim.
Types of Damages in Wrongful Death Claims
Economic damages are quantifiable financial losses resulting from the death. The most common examples of economic damages include loss of earnings (present and expected future earnings), loss of benefits (retirement benefits, medical insurance, etc.), and medical and funeral expenses.
Non-economic damages address the non-monetary impacts of the death, which are more subjective and, therefore, a bit more difficult to quantify. Common examples of non-economic damages include loss of companionship and mental anguish.
Punitive damages are intended to punish the guilty party for particularly reckless or egregious behavior leading to the wrongful death. Punitive damages will not be applicable in many wrongful death claims, but our attorneys will be able to determine if these damages are applicable in your specific claim.
A wrongful death lawyer will be able to review the details of your claim and provide a more accurate estimate for how much compensation you can expect to receive. It’s important to remember that the total compensation you end up receiving will be determined through negotiations either inside or outside of court. This means the compensation you receive may be different from the initial estimate.
Our Results Speak for Themselves
Texas Wrongful Death Claims: The Legal Process
So you’ve determined that you have a valid wrongful death claim and are likely entitled to compensation. Where do you go from here?
Pursuing a wrongful death claim in Texas involves several key steps. Here’s an overview of the wrongful death claims process:
It is not required to hire an attorney to file a wrongful death claim. However, due to the complex nature of wrongful death claims and the potential for substantial (and much needed) compensation, it is advisable to hire an attorney with experience in handling wrongful death cases.
Your attorney will be able to provide professional guidance through the legal process, provide advice, and ensure your claim is filed correctly and on time.
The initial step in filing a wrongful death claim is to conduct a thorough investigation and gather evidence to support the claim. This involves collecting medical records, accident reports, witness statements, and any other documentation that can prove negligence or misconduct caused the death.
If you choose to hire a wrongful death attorney, they will handle investigation and evidence collection for you.
Once the necessary evidence has been gathered, the next step is to file a wrongful death lawsuit in the appropriate Texas court. An attorney can handle this on your behalf.
Remember: The lawsuit must be filed within 2 years of the deceased’s death (unless an exception applies), per Texas’ wrongful death statute of limitations.
After the lawsuit has been filed, the case enters the discovery phase, where both parties exchange information and evidence. This phase may include depositions, requests for documents, and interrogatories (questions that must be answered in writing under oath).
Most wrongful death cases are settled outside of court. Both sides may negotiate a settlement that is fair to the family. If a settlement cannot be reached through negotiation, mediation may be attempted. Mediation involves a neutral third party who helps both sides try to reach an agreement.
If a settlement cannot be reached through negotiation or mediation, the case will go to trial. During the trial, both will present their evidence and arguments. A judge or jury will make the final decision regarding the defendant’s liability and the amount of damages to be rewarded, if any.
If the wrongful death claim is successful, the judge or jury will determine the amount of money to be awarded as compensation for the wrongful death.
Either party can appeal the trial’s decision if they believe a legal error has affected the verdict or the amount of damages awarded.
How Can an Odessa Wrongful Death Attorney Help?
A wrongful death lawyer provides valuable support by navigating complex legal processes, offering professional guidance, and ensuring your interests are protected. In short, hiring a wrongful death attorney to help navigate your claim improves your chances of successfully securing maximum compensation, all while taking most of the burden off of your plate.
By hiring a Braker White wrongful death attorney, you benefit from:
- Professional legal guidance
- Experienced investigation, evidence collection, and case building
- Professional handling of all paperwork and legal filings
- Experienced negotiators
- Representation in court, if needed
- Peace of mind knowing your case is in capable hands
Wrongful Death FAQs
How much can you sue for wrongful death in Texas?
In Texas, there is no fixed amount for which you can sue in a wrongful death case. Compensation depends on the unique details of each case. Damages in wrongful death cases are generally categorized into economic, non-economic, and sometimes punitive damages, which collectively determine the total amount that can be pursued.
How do you prove a wrongful death in Texas?
To prove a wrongful death in Texas, you must establish 4 key elements: duty of care, breach of duty, causation, and damages.
Evidence such as witness statements, expert testimony, medical records, and accident reports are commonly used to substantiate these elements in a wrongful death claim.
Who is eligible to file a wrongful death in Texas?
In Texas, those who are legally eligible to file a wrongful death claim include the deceased’s spouse, children, and parents. It’s worth noting that siblings of the deceased do not have a right to file a wrongful death claim.
If none of these eligible parties files a wrongful death claim within 3 months of the death, the executor or administrator of the deceased’s estate may file the claim instead, unless a surviving family member specifically requests that they do not.
Our Team of Midland Wrongful Death Attorneys
At Braker White, we know the unexpected loss of a loved one creates immense pain for a family. Our aim is to make recovering financial damages for this loss as seamless and stress-free as possible for those involved. We are more than just Midland personal injury lawyers; we are your compassionate advocates, committed to assisting you in achieving justice and finding closure. Trust us to manage your case while you concentrate on healing and honoring your loved one’s memory.
