Midland Wrongful Death Lawyer

How Our Wrongful Death Attorneys Help Families Recover in Midland, TX

When someone you love dies because of another person’s negligence, the emotional devastation can feel unbearable. We understand that no amount of money can bring your family member back, but pursuing legal action can provide financial security and hold the responsible party accountable.

Our Midland wrongful death lawyers handle every aspect of your case while you focus on grieving and healing. We have extensive experience representing clients and know how to navigate complex wrongful death cases in Texas courts.

• Thorough case investigation: We examine the circumstances surrounding your loved one’s death, gather evidence, and consult with experts when necessary.
• Insurance company negotiations: We manage all communications with insurers and push back against tactics designed to minimize or deny your claim.
• Complete legal case management: We prepare and file all required paperwork, meet court deadlines, and ensure your case complies with Texas law.
• Aggressive courtroom representation: We advocate for your family in Texas courts and fight for the maximum compensation available.

Call our Midland wrongful death attorneys at (432) 220-3331 today for immediate help with your case.

What Is a Wrongful Death Case in Texas?

A wrongful death occurs when someone dies due to the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity. This legal definition comes from the Texas wrongful death statute and covers a wide range of fatal accidents and incidents.

Wrongful death claims are civil lawsuits handled by a personal injury attorney, which means they’re separate from any criminal charges the responsible party might face. The purpose is to recover monetary damages for the losses your family has suffered, not to punish the wrongdoer criminally.

Common wrongful death cases in the Midland area include:

• Fatal oilfield accidents: Equipment failures, explosions, or safety violations at drilling sites.
• Commercial truck crashes: Driver fatigue, improper maintenance, or overloaded vehicles on highways like I-20, cases often handled by experienced truck accident attorneys. 
• Medical malpractice: Surgical errors, misdiagnosis, or medication mistakes at local hospitals.
• Car accidents: Drunk driving, distracted driving, or reckless behavior causing fatal collisions that an experienced car accident attorney in Midland can help you pursue compensation for.
• Workplace accidents: Construction site injuries, chemical exposure, or unsafe working conditions. 

Who Can File a Wrongful Death Claim in Texas?

Texas law strictly limits who can file a wrongful death lawsuit. Only certain family members have the legal right to seek compensation for their losses.

The eligible parties include:

• Surviving spouse: Your legal husband or wife at the time of death
• Children: All biological and legally adopted children, regardless of age
• Parents: The surviving mother and father of the deceased person

These family members have the exclusive right to file a wrongful death claim during the first three months after the death. If no eligible family member files a lawsuit within this timeframe, the personal representative of the deceased person’s estate can then file a claim on behalf of all beneficiaries.

It’s important to note that other relatives like grandparents, siblings, aunts, uncles, or cousins cannot file wrongful death claims in Texas, even if they were close to the deceased or financially dependent on them.

What Damages Can Families Recover in Texas?

Texas law allows surviving family members to recover several types of damages in wrongful death cases. These damages are designed to compensate for both financial losses and emotional suffering caused by your loved one’s death.

Economic Damages

Economic damages compensate for the measurable financial losses your family faces because of the death. These damages have a specific dollar value that can be calculated based on evidence like pay stubs, tax returns, and expert testimony.

Your family may recover:

• Lost wages and earning capacity: The income your loved one would have earned during their remaining work life.
• Lost benefits: Health insurance, retirement contributions, and other employment benefits.
• Lost inheritance: Money and property your loved one would have accumulated and left to the family.
• Medical expenses: Hospital bills, ambulance costs, and other medical care before death.
• Funeral and burial costs: Reasonable expenses for services, burial plot, casket, and related items.

Non-Economic Damages

Non-economic damages compensate for losses that don’t have a specific price tag but are equally real and devastating. These damages recognize the emotional and relational losses your family suffers.

You can seek compensation for:

• Loss of companionship: The comfort, society, and emotional support your loved one provided
• Loss of guidance and counsel: Advice, wisdom, and direction they would have given throughout your life.
• Mental anguish: The emotional pain, grief, and suffering caused by the wrongful death
• Loss of household services: Childcare, home maintenance, and other services they performed.

Punitive Damages

In cases involving gross negligence or intentional misconduct, Texas courts may award punitive damages. These damages punish the wrongdoer and deter similar behavior in the future. Punitive damages are rare in wrongful death cases and require clear evidence of extremely reckless or malicious conduct.

Who Can Be Held Liable in a Midland Wrongful Death?

Determining liability in a fatal accident requires thorough investigation to identify all parties whose negligence contributed to the death. Multiple defendants can be held responsible, which often leads to higher compensation for your family.

Common Defendants in Midland Wrongful Death Cases

The responsible parties vary depending on how the death occurred:

• Motor vehicle accidents: Negligent drivers, trucking companies, vehicle manufacturers, or government entities responsible for road maintenance. 
• Oilfield accidents: Employers who violate safety regulations, equipment manufacturers, third-party contractors, or property owners
• Medical malpractice: Individual healthcare providers, hospitals, pharmaceutical companies, or medical device manufacturers
• Premises liability: Property owners, management companies, security firms, or maintenance contractors. 
• Product liability: Manufacturers, distributors, or retailers of defective products that cause death

Our attorneys work with accident reconstruction experts, industry specialists, and other professionals to build a comprehensive case against all liable parties.

How Long Do I Have to File in Midland?

Texas has a two-year statute of limitations for wrongful death claims. This means you must file your lawsuit within two years of your loved one’s death, or you’ll lose your right to seek compensation forever.

The clock typically starts running on the date of death, not when you discover someone else was at fault. However, some exceptions may extend this deadline in rare circumstances, such as when the cause of death isn’t immediately apparent.

Time is critical for preserving evidence in your case. Important documentation like driver logs, maintenance records, security footage, and witness statements can be lost or destroyed quickly after an accident. Acting promptly gives our attorneys the best chance to gather compelling evidence for your claim.

Don’t wait to contact a wrongful death attorney. Call us today at (432) 220-3331 to preserve critical evidence and protect your family’s rights.

What Is the Process After You Hire Us?

When you choose Burgess Injury & Car Accident Lawyers, we handle every detail of your wrongful death case while keeping you informed throughout the process. Our systematic approach ensures we build the strongest possible case for your family.

Step 1: Free Consultation and Case Review

We meet with your family to discuss what happened, review available evidence, and explain your legal options. This consultation is completely free, and you’re under no obligation to hire us.

Step 2: Investigation and Evidence Preservation

Our team immediately begins investigating your loved one’s death. We gather police reports, medical records, witness statements, and physical evidence from the accident scene. We also work with experts to reconstruct the incident and establish fault.

Step 3: Case Valuation and Demand

We carefully calculate all of your family’s damages, including both economic losses and emotional suffering. Our attorneys then send a detailed demand letter to the responsible parties and their insurance companies.

Step 4: Filing Suit in Midland County

If insurance companies refuse to offer fair compensation, we file a formal lawsuit in the appropriate Texas court. This step shows we’re serious about fighting for your family’s rights.

Step 5: Discovery and Depositions

During the discovery phase, both sides exchange evidence and take depositions from key witnesses. This process helps us gather additional information to strengthen your case.

Step 6: Mediation and Negotiation

Most wrongful death cases settle through mediation, where a neutral third party helps both sides reach an agreement. Our experienced negotiators work to secure the best possible settlement for your family.

Step 7: Trial and Verdict

If we can’t reach a fair settlement, our trial attorneys are prepared to present your case to a Midland County jury. We have extensive courtroom experience and aren’t afraid to fight for the verdict your family deserves.

What Is the Difference Between Wrongful Death and Survival Actions?

Texas law allows families to file two types of claims when someone dies due to negligence: wrongful death actions and survival actions. While these claims are often filed together, they serve different purposes and compensate different parties.

Claim Type	Who Benefits	What It Covers	Purpose
Wrongful Death	Spouse, children, parents	Family’s losses after death	Compensate survivors for their losses
Survival Action	Deceased person’s estate	Victim’s losses before death	Recover damages the deceased could have claimed

A wrongful death action compensates your family for losses like lost income, companionship, and emotional suffering. A survival action recovers damages your loved one experienced before dying, such as pain and suffering, medical bills, and lost wages between the injury and death.

Both types of claims can significantly increase the total compensation available to your family.

Why Choose Burgess Injury & Car Accident Lawyers

Selecting the right legal team can make the difference between a successful case and a disappointing outcome. Our firm brings unique advantages to every wrongful death case we handle in Midland and throughout Texas.

• Proven track record: Over 30 years of experience securing substantial settlements and verdicts for grieving families
• No upfront costs: We work on contingency, meaning you pay nothing unless we win your case
• Available around the clock: Our team is accessible 24/7 to answer questions and provide support when you need it most
• Local industry knowledge: Deep understanding of Midland’s oil and gas industry helps us handle complex workplace death cases
• Bilingual services: Spanish-speaking attorneys and staff ensure clear communication with all clients

We understand that choosing an attorney during this difficult time feels overwhelming. Our compassionate approach combined with aggressive legal representation gives your family the best chance for justice.

Get Started with a Free Consultation Today

Your family deserves answers, accountability, and the financial security to move forward after this devastating loss. 

At Burgess Injury & Car Accident Lawyers, we’ve spent over three decades fighting for families just like yours, and we’re ready to put that experience to work for you right now. Don’t let insurance companies minimize your claim or let critical evidence disappear while you wait. 

Contact us to schedule your free consultation today, and let Burgess Injury & Car Accident Lawyers shoulder the legal burden so you can focus on what matters most—healing and honoring your loved one’s memory.

Frequently Asked Questions

Will Our Case Go to Trial or Settle Out of Court?

Most wrongful death cases settle before trial, but we prepare every case as if it will go to court to ensure we negotiate from a position of strength.

Can We File a Claim if There’s Already a Criminal Case?

Yes, wrongful death claims are civil matters completely separate from criminal proceedings, and you can pursue both simultaneously without one affecting the other.

How Do Multiple Family Members Split a Settlement?

If family members can’t agree on how to divide compensation, a Texas court will determine a fair distribution based on each person’s relationship to the deceased and their individual losses.

What if Our Loved One Wasn’t Working When They Died?

You can still recover significant compensation for non-economic damages like loss of companionship and the economic value of household services your loved one provided.

What Expenses Are Deducted From Our Settlement?

Our contingency fee percentage and case expenses we advance, such as expert witness fees and court costs, are deducted from any recovery we obtain for your family.

How Quickly Should We Contact an Attorney After an Oilfield or Trucking Death?

Contact an attorney immediately, as crucial evidence like electronic logging device data, maintenance records, and surveillance footage can be destroyed within days of an accident.

What Documents Should We Bring to Our Free Consultation?

Bring any available documents including the death certificate, police reports, medical records, insurance correspondence, and photographs from the accident scene.

Do You Provide Services in Spanish?

Yes, we have bilingual attorneys and staff members who provide complete legal services in Spanish to ensure clear communication throughout your case.

Contact Burgess Injury & Car Accident Lawyers

Losing a family member due to someone else’s negligence creates both emotional trauma and financial hardship. While we can’t bring your loved one back, we can help secure the financial stability your family needs to move forward.

Our Midland wrongful death attorneys offer free consultations and work exclusively on contingency fees. You pay nothing upfront, and our team is available 24/7 to discuss your case.

Let us handle the legal fight while you focus on healing. Call (432) 220-3331 now for your free case evaluation and learn how we can help your family seek justice.

Contact us today for a free consultation and discover how our wrongful death lawyers can help your family seek justice.