A woman pays respects to a family member that she lost due to an accident in Odessa, Texas.

Has Your Family Suffered From a Wrongful Death in Odessa?

We understand the emotional and financial hardships your family is facing. Our attorneys are here to help you seek justice and secure the compensation you may be entitled to. Let us handle the legal process so you can focus on healing—schedule a free consultation with an Odessa wrongful death lawyer today.

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Odessa Wrongful Death Lawyer

The most devastating outcome of an accident is the loss of a loved one. No one is prepared to say goodbye, and when negligence and carelessness take a loved one away suddenly and tragically, the pain can feel unbearable. A wrongful death suit can provide some financial peace of mind to a family who has lost a loved due to someone else’s negligence.

While hiring an Odessa wrongful death lawyer from Braker White won’t change what has happened, it can make the future less worrisome. Our attorneys have over 50 years of combined experience handling cases like yours, and if you have a case, they will be there for you the whole way. We understand that no amount of compensation can replace your loss, but our mission is to see that justice is served and that you are financially secure. With Braker White, you’re not alone. Let us stand by your side during this difficult time.

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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!

What Is Wrongful Death?

According to Texas Statutes Section 71.002, a wrongful death is one that is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party. This means that if a person dies due to the actions or negligence of someone else, it is likely a wrongful death case.

As for who can file a wrongful death claim, Texas law generally allows the surviving spouse, children, and parents of the deceased to file a claim. Other individuals may be eligible under certain circumstances.

Common Types of Wrongful Death Claims

Common causes of wrongful death include:

While these are the most common causes of wrongful death, they are not the only ones. If you are still unsure whether you have a case, we are always available to conduct a free case review and provide more information on your legal rights.

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Do I Have a Wrongful Death Case?

Understanding whether you have a case for a wrongful death claim can be complex and often depends on many factors such as those explored below.

Under Texas state law, a wrongful death claim must meet the following criteria to be considered valid:

  1. Death of a Person: The case must involve the death of a human being.
  2. Negligence or Intentional Harm: It must be proven that the death was caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another person or corporation.
  3. Causation: There must be a clear connection between the defendant’s actions and the death. The plaintiff must prove that the death would not have occurred without the defendant’s wrongful actions.
  4. Damages: The death must have resulted in damages such as loss of earning capacity, mental and emotional pain and suffering, loss of companionship and support, and funeral and burial expenses.
  5. Eligible Beneficiaries: In Texas, wrongful death claims can only be filed by certain family members. This includes the deceased’s surviving spouse, children, and parents.

The most surefire way to determine if you have a valid case is to consult with a legal professional. The Odessa wrongful death lawyers at Braker White are here to help. We offer a free initial case review to discuss your situation, provide clarity, and guide you through this traumatic time.

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Compensation in Texas Wrongful Death Lawsuits

A jury will have to consider many details before deciding whether to make an award and what the amount of the settlement should be. 

Expert witnesses will need to testify to the emotional and psychological cost of your loved one’s death, and the jury will need to know exactly how much potential income has been lost. The age of the deceased, their health, the value of any inheritance, and the monetary value of the services they provided to loved ones must also be taken into consideration. All of these factors add up to the compensatory damages of your personal injury settlement.

In addition, if the event that resulted in wrongful death was especially heinous, malicious, or negligent, it is possible that a jury may consider awarding punitive damages. 

All forms of compensation will require fool-proof evidence and a well-built case, both of which Braker White has extensive experience providing for their clients.

Texas’ Wrongful Death Statute of Limitations

In Texas, the statute of limitations on wrongful death claims is 2 years. This means that families who lose a loved one due to the negligence of another person have exactly 2 years from the date of loss to file a lawsuit.

Under the Texas wrongful death statute, there are a few exceptions to this 2-year statute of limitations, which, if true, may extend this deadline:

  1. The plaintiff of the wrongful death lawsuit is a minor
  2. Negligence of the defendants was not known during the initial 2-year period
  3. The plaintiff has a mental or physical impairment which prevented them from filing during the 2-year period

Gathering evidence and building a strong claim can take time, so delaying could potentially jeopardize your ability to file a claim. We don’t want you to miss your chance for justice and compensation, so please don’t hesitate to contact us if you believe you have a valid wrongful death claim.

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Texas Wrongful Death Claims: The Legal Process

  1. Filing Your Claim: This first step involves correctly completing and submitting all paperwork within the strict deadlines set by Texas law. Missing these deadlines or neglecting to include required documents can jeopardize your entire claim, making organization and attention to detail necessary.
  2. Proving Negligence: Proving negligence involves demonstrating that the defendant had a duty to provide reasonable care, and their failure to do so, whether through negligent or intentional actions, directly led to the death. It requires gathering substantial evidence, and there may be multiple liable parties, some of whom you might not be aware of initially. Insurance adjusters often do their best to shift the blame onto your deceased loved one, which could result in a decreased settlement.
  3. Negotiating With the Insurance Company: In this step, you’ll be dealing with insurance adjusters trained to offer settlements lower than you deserve to save their company money. They often try to undermine your claim and make you feel like you have limited options, which is why strong negotiation skills matter.
  4. Settlement Decision: At the end of the process, you will be presented with a settlement offer. This offer should be carefully evaluated to be sure it covers all of your current and future needs related to the loss. It will ultimately be your choice whether to accept it or not.

How Can an Odessa Wrongful Death Attorney Help?

An Odessa wrongful death attorney from Braker White can guide you through each step of the legal process, minimizing the weight on your shoulders during this challenging time and maximizing your chances of a successful outcome.

We work hard for our clients, ensuring all paperwork is correctly completed and filed within the required deadlines to prevent any potential issues. Our team has the skills necessary to gather and present the evidence compellingly, even when faced with the complicated process of proving negligence against multiple parties.

We are also equipped to handle all negotiations on your behalf. We know the insurance company’s tactics and won’t let them trick you into accepting less than you are legally entitled to. During this pivotal part of the process, you can rest assured knowing someone’s looking out for your best interests. We may even be able to identify damages you didn’t know you were owed!

Finally, when it comes to a settlement decision, we provide expert advice to help you make an informed choice. We’re here to support you every step of the way, providing a comforting presence during this challenging time.

Don’t try to do this alone. Put Braker White on your side today.

What Comes Next?

Begin by submitting your case for a free review in which we determine whether you qualify for a lawsuit and provide our expert opinion on how you should proceed.

If you have a case, we take it from there! We get to work immediately, collecting every piece of evidence that will strengthen your case for compensation.

When you work with us, you never have to worry about fighting to defend yourself and your deceased loved one. We fiercely negotiate for your highest settlement so you have time to heal with your family.

Finally, you will have the option to either accept or deny the final settlement offer. If you choose to accept, Braker White will work to get the check in your hands as quickly as possible.

Wrongful Death FAQs

While you’re legally allowed to file a lawsuit yourself, it’s in your best interest to have an experienced wrongful death lawyer on your side. With Braker White, you’ll have a lawyer who will give you the absolute best shot at getting the money you need. Our office can take the stress of the legal process off your shoulders so you can focus on recovering from your loss.

When you hire a wrongful death attorney from Braker White, you can rest assured that you will not have to pay any upfront fees. We offer free case reviews to help you make the best decision on how to move forward, and we only get paid if we win — our payment comes out of your final settlement, so you don’t have to worry about whether you can afford our services. Affordable and competent legal help is at your fingertips!

Yes, you can file a wrongful death claim even if the responsible party is facing criminal charges. These are two separate processes. A wrongful death claim is a civil action, and its purpose is to seek compensation for the loss suffered by the deceased’s family. This is independent of any criminal proceedings which are intended to penalize the wrongdoer for their actions. In other words, a criminal charge or conviction does not prevent you from pursuing a civil wrongful death claim. In fact, it may be helpful to your claim.

These types of cases have the potential to take quite a bit of time, especially if the other side tries to pay you less than you deserve. Negotiations may take a while, but it is always worth it to recover every bit of compensation you need.

The best way to receive your settlement sooner rather than later is to get started immediately with your free case review. Our goal will always be to pursue your highest settlement in the least amount of time.

Our Odessa Wrongful Death Attorneys

At Braker White, we understand the immense pain that comes with losing a loved one. Our goal is to make the process of recovering financial losses during this time as seamless and stress-free as possible. We’re not just lawyers, we’re also your compassionate advocates in Odessa, dedicated to helping you find justice and closure. Trust us to handle your case while you focus on healing and honoring the memory of your loved one.

Attorney Robert White

Attorney Robert White

Greta Baker, Odessa Personal Injury Lawyer

Attorney Greta Braker

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Connect with us at Braker White! By entering your phone number and submitting your information, you consent to receiving marketing communications via phone calls and SMS text messages from Braker White and/or our associated partners, using an Automated Telephone Dialing System (ATDS). Message and data rates may apply. You can opt out of text messages at any time by texting STOP. By clicking Submit, you agree to our Terms and Conditions. Please be sure to review our Privacy Policy.

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