Your Odessa Wrongful Death Lawyers

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.

The Definition of Wrongful Death in Texas

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:

• Motor vehicle accidents, including those involving cars, trucks, and motorcycles
• Workplace accidents, such as construction-related accidents or oil field accidents
• Medical errors or drug injuries
• Premises liability cases involving slips, trips, and falls on unsafe property

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.

Get Your Free Case Review

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.