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Dealing with the loss of a loved one can take a substantial toll, especially when their death was caused by the negligence or recklessness of someone else. The grieving process comes with much emotional and financial difficulty, and you should never have to bear that burden on your own.
If you recently experienced the loss of a close family member due to preventable negligence of another person or entity in Midland, Texas, you may be able to get compensation. A verdict or settlement that establishes fault for the pain that you and your family are likely experiencing can provide the financial relief you need to comfortably grieve while also giving you the closure that so many desperately need in such a time of loss.
At The Queenan Law Firm, P.C., our Midland, TX wrongful death lawyers take pride in our ability to fight for what our clients deserve. We can make sure that you are taken care of financially so that you may begin the next chapter of your life with as little pain as possible. To find out about how our Midland wrongful death attorneys may assist you, call our Midland offices at (817) 476-1797.
Wrongful Death Claims in Midland, TX
A wrongful death has occurred whenever a person has died as a result of the negligent, reckless, or illegal acts or inactions of another person or entity. Certain close family members of the deceased may file a wrongful death lawsuit in order to receive compensation from the party that is responsible for the death.
A wrongful death lawsuit is a civil claim and not a criminal charge. The defendant in a wrongful death lawsuit may also be facing criminal charges associated with the incident that caused the death. The defendant, however, will not face prison time based on the verdict or outcome of the wrongful death claim.
Common instances where a death has occurred that might call for a wrongful death claim to be filed include the following:
- Automobile accidents
- Medical malpractice
- Exposure to chemicals or other toxins
- Defective products
- Workplace accidents
Parties That Can Bring a Wrongful Death Lawsuit in Midland, TX
Every state differs on who it allows to bring a wrongful death lawsuit. In Midland, a spouse, parent, or child of the deceased party may validly bring a wrongful death claim. No other individuals may be a named plaintiffs in such a suit. Grandparents, grandchildren, and unmarried partners are therefore unable to bring a wrongful death lawsuit, regardless of their level of dependency on the deceased. Children may bring a viable wrongful death suit in Texas regardless of their age or dependency status.
Alternatively, the estate of the deceased may bring a wrongful death lawsuit via the executor of the deceased’s will. The estate’s ability to bring the claim depends on whether any of the immediate family members states an objection to the estate’s bringing of the suit. Talk to a Midland wrongful death lawyer for more details.
Proving Fault in Wrongful Death in Midland, TX
In order to succeed in a wrongful death lawsuit in Texas, the plaintiff and their Midland wrongful death lawyers typically must demonstrate that the defendant was at fault. Fault is established if the death occurred due to illegal, reckless, or negligent acts or inactions. Negligence is the most common criterion of fault in wrongful death cases in Texas.
Negligence is a legal term which indicates who was legally at fault for the accident in question. To prove negligence, you must show that the defendant owed a duty to the deceased, and that the defendant breached that duty in some way. You must also demonstrate that the breach of duty was the cause of the incident that resulted in the death.
For instance, if a driver failed to notice that the stoplight ahead of them was red and barreled into the car in front of them, causing the death of another driver, the driver who failed to stop would be at fault for their wrongful death. He owed a duty to other drivers to take reasonable care while driving, breached it when he became distracted, and caused the death by creating the lethal impact.
Compensation in Wrongful Death Lawsuits in Midland, TX
If negligence has been proven, the aggrieved party may recover financial compensation. Compensation is determined by calculating damages, which is the legal tool that courts use to determine what is owed in the interest of equity.
Damages might include the costs associated with the death, such as any medical expenses, emergency services, or funeral costs. It may also include compensation that addresses the long-term consequences of the death. Such damages might include emotional trauma of the family, loss of the deceased’s income, and pain and suffering.
Texas imposes a cap on certain damages associated with wrongful deaths resulting from medical malpractice. Our Midland wrongful death attorneys can provide you with estimates of what you may stand to be compensated for in any given wrongful death lawsuit.
Time Limits on Wrongful Death Lawsuits in Midland, TX
The statute of limitations on wrongful death lawsuits in the State of Texas is two years from the date of the death in question. In other words, from the day your loved one passes away, you have exactly two years to file a wrongful death lawsuit. Lawsuits filed after the two-year time limit will likely be discarded by a Texas court. Therefore, it is important to act quickly, as the process of filing a wrongful death lawsuit can be complex and take some time to prepare. Our experienced Midland, TX wrongful death attorneys can get the process started right away.
Call Us Today for Help with Your Wrongful Death Lawsuit in Midland, TX
At The Queenan Law Firm, P.C., we know that dealing with the loss of a loved one can feel overwhelming. Our goal is to make the grief process just a little bit more comfortable for you and your family. Give us a call today at (817) 476-1797.