A grieving person in a suit places a red tulip on a gravestone in a cemetery.

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.

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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Who Can File a Wrongful Death Claim in Texas?

In Texas, only certain family members have the legal right to file a wrongful death lawsuit:

  • The surviving spouse: A husband or wife of the deceased can file a wrongful death lawsuit.
  • Children of the deceased: Both biological and legally adopted children have the right to seek compensation.
  • Parents of the deceased: Either biological or adoptive parents may file a claim if they have lost a child.

If none of these family members file a lawsuit within 3 months of the death, the personal representative of the estate may pursue a wrongful death action unless the surviving family explicitly requests otherwise. However, siblings—whether biological or adopted—are not eligible to file a wrongful death claim in Texas.

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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 Available in Wrongful Death Lawsuits

When a loved one’s life is tragically cut short due to negligence, surviving family members may be entitled to compensation through a wrongful death claim. The purpose of these damages is to help families recover financially and emotionally from their loss. The types of compensation you may recover include:

These cover the financial losses associated with the death, including:

  • Lost income and future earnings the deceased would have provided
  • Medical expenses related to the fatal injury
  • Funeral and burial costs
  • Loss of inheritance

These account for the emotional and personal impact of losing a loved one, including:

  • Mental anguish and emotional suffering
  • Loss of companionship, love, and support
  • Loss of guidance and care (for spouses, children, or parents)

In cases where the death was caused by gross negligence or intentional misconduct, the court may award punitive damages to punish the responsible party and deter similar actions in the future.

Our Odessa wrongful death lawyers fight to ensure families receive the maximum compensation available for their loss. Reach out to us today for a free consultation to discuss your legal options and see what damages you may be entitled to.

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Deadline To File a Wrongful Death Claim in Texas

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?

Losing a loved one is overwhelming, and pursuing a wrongful death claim while grieving can feel impossible. Our wrongful death attorneys are here to handle every legal aspect of your case so you can focus on your family. Here’s how we can effectively guide you through the legal process:

  1. Free Consultation & Case Evaluation: We listen to your story, assess your case, and determine your legal options.
  2. Investigation & Evidence Collection: We gather necessary evidence, such as accident reports, witness statements, medical records, and expert testimony, to build a strong case.
  3. Handling Insurance & Legal Paperwork: We deal with the insurance companies, negotiate settlements, and ensure all legal documents are properly filed.
  4. Pursuing Maximum Compensation: Whether through negotiation or trial, we fight aggressively to recover the full compensation you and your family may deserve.
  5. Providing Support Every Step of the Way: We keep you informed, answer your questions, and advocate for your best interests throughout the legal process.

The Benefits of Working With Braker White

  • Experience & Proven Results: Our attorneys have successfully handled wrongful death cases in Odessa and throughout Texas, fighting for maximum compensation for grieving families.
  • Compassionate Support: We understand the emotional toll of losing a loved one, and we provide compassionate legal guidance tailored to your needs.
  • No Upfront Fees: We work on a contingency fee basis, meaning you pay nothing unless we win compensation for you.

At Braker White, we are dedicated to helping families navigate wrongful death claims with skill, compassion, and determination. Reach out to us today.

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Wrongful Death FAQs

There is no fixed average settlement for wrongful death cases in Texas, as compensation depends on factors like medical expenses, lost income, emotional suffering, and whether punitive damages apply. Settlements can range from tens of thousands to millions of dollars depending on the circumstances. Our attorneys will evaluate your case and fight for the maximum compensation available.

In Texas, wrongful death compensation is distributed based on the relationship between the deceased and the surviving family members. The court typically divides the settlement among the spouse, children, and parents according to their financial and emotional loss. If a settlement is reached out of court, the family members can decide on the distribution, often with legal guidance.

The chances of winning a wrongful death case depend on the strength of the evidence, witness testimony, and the skill of your attorney in proving negligence. Cases with clear liability and substantial damages often result in favorable settlements or verdicts. Our team at Braker White builds strong cases using thorough investigations, expert witnesses, and aggressive legal strategies to maximize your chances of success.

To prove wrongful death in Texas, you must establish the following elements:

    1. Duty of Care – The defendant owed a duty to act reasonably to prevent harm.
    2. Breach of Duty – The defendant acted negligently or recklessly.
    3. Causation – The negligence directly caused the death.
    4. Damages – The surviving family suffered financial and emotional losses.

Our Odessa wrongful death attorneys will gather valuable evidence, including accident reports, medical records, expert testimony, and financial documentation, to prove your claim and fight for the justice your loved one deserves.

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.

The timeline for resolving a wrongful death case varies based on factors like the complexity of the case, the willingness of the insurance company to settle, and whether the case goes to trial. Some cases settle within a few months, while others, especially those that go to court, can take a year or longer. Our attorneys work efficiently to secure the compensation you may deserve as quickly as possible.

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

Attorney Greta Braker

Attorney Greta Braker

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Get the Justice Your Family Deserves

Losing a loved one is an unimaginable tragedy, and no amount of compensation can replace them. However, seeking justice can provide the financial support and accountability your family needs to move forward. An Odessa wrongful death lawyer from Braker White is here to guide you with compassion, strength, and dedication. Let us stand by your side and fight for the justice your loved one deserves. Contact us today for a free consultation—you won’t owe anything unless we win for you.

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