Fighting for Families in Odessa, Midland, Texas & Nationwide
The loss of someone you love is a horrific blow. It is difficult enough in situations where nothing could have been done to save them. But in cases where their death can be traced back to a decision or action someone else made, whether that's a drunk driver who decided to get behind the wheel, a company that prioritized profits over safety, or a manufacturer that released a defective product, that loss is so much worse.
Our Midland, Texas wrongful death attorneys are here to help.
Losing a spouse, parent, child, sibling, or loved one leaves an irreplaceable void in your life. Finding answers and holding at-fault parties accountable can start to fill that void, bringing peace of mind with the knowledge that justice has been served. A successful wrongful death case can help a family with medical bills, funeral costs, loss of support, loss of companionship, and the many other losses and expenses they've experienced and may endure in the future.
When we take on a wrongful death case, it's personal. It's personal to us because our clients are like family, and we do everything in our power to help them see justice served.
What Our Midland Wrongful Death Attorneys Accomplish
Our firm has won some of the largest wrongful death cases in the country because we’re dedicated to a single truth: companies need to be held accountable when they cause serious or fatal harm. The loss of a life is the worst loss anyone can suffer; the law recognizes this fundamental reality. But that’s not enough—that’s why we pour all our resources and time into making our clients’ cases as certain as possible.
Our dedication to maximizing justice for our clients are reflected in our results:
$860 million verdict won after two parents lost their daughter when a crane collapsed on her apartment building.
$222 million verdict won after a woman lost her husband in a fatal plant accident.
$209 million verdict won for a family who lost their husband and father to an oilfield accident.
$125 million settlement recovered for a widow who lost her husband—a dredge worker—in an offshore explosion.
No amount of money can replace a spouse, a parent, a sibling, or a child. That’s not what these results are about. Instead, it’s about giving plaintiffs enough resources so they can grieve in peace and look toward the future with hope. It’s also about ensuring companies who cause irreparable harm pay for it, ensuring they change to avoid repeating their choices.
Investigating Fatal Injury Cases in Midland, TX & Beyond
People turn to us on the worst day of their lives. Sometimes it’s because they’ve seen our results, they heard about us from a friend or relative, or they just found us by chance—but why they turn to us is simple: they’ve been wronged, and they need someone who cares enough to make it right, and experienced enough to know how. That’s who we are.
These are just a few of the cases our Midland wrongful death law firm has taken on:
If you’ve lost someone in an accident and you want to make it right, let’s discuss your options under the law. Get a free consultation today: (888) 493-1629.
Wrongful Death Lawsuits in the Midland Area
Per Texas government data, injuries are the leading cause of death for all Texans under 44 years old. These injuries are most often caused by car accidents, accidental overdoses, and falls. For relatively young and healthy Texans, our most likely threat on a daily basis is our commute or our workplace. That's why it's vital for victims of wrongful death to have an advocate they can trust. A lawyer provides grieving plaintiffs with the means to get justice without fear of the future.
A wrongful death occurs when a person is killed by the negligence of another person or entity.
Wrongful death claims are handled similarly to personal injury cases, except they are brought by the relatives and dependents of the deceased person. Damages sought in wrongful death claims often include lost wages that would otherwise have been earned by the deceased person, medical costs if the person required treatment before their death, and some measure of compensation for grief (e.g. loss of companionship, loss of consortium). In many cases, wrongful death can also result in punitive damages or damages for emotional distress.
Who Can File a Wrongful Death Lawsuit in Midland, Texas?
Not everyone can file a claim. Only close relatives can file a wrongful death lawsuit in Texas:
Spouses
Children
Parents and grandparents
The person in charge of the decedent’s estate
Grounds for a Midland Wrongful Death Lawsuit
Texas law dictates a wrongful death must be caused by the “wrongful act, neglect, carelessness, unskillfulness, or default.” If a person needs to file a wrongful death lawsuit, they must do so within two years of the victim’s death.
There are two keys to a wrongful death lawsuit, which the plaintiff must prove:
The victim's death was caused by the defendant, through negligence or an intentional act; and
The victim's family suffered financial and/or emotional damages as a result.
The burden of proof in a wrongful death lawsuit in Midland is not as strict as it is for a criminal case. You have probably heard of proving guilt beyond a reasonable doubt, but this only applies in criminal court. In civil court, where wrongful death lawsuits are filed, the burden of proof is based on a preponderance of the evidence.
The plaintiff (in this case, the family of the decedent) must prove it is more than likely true that their loss was caused by the negligence or wrongdoing of the defendant (the at-fault party). If a jury is involved, the verdict does not need to be unanimous. The wrongful death ruling will be determined by the majority of jurors.
Midland Wrongful Death Firm Fighting for Noneconomic Damages
One of the most important features of a wrongful death claim is the plaintiff’s ability to fight for noneconomic damages. Unlike recovering medical bills or lost wages, noneconomic damages address the losses that can’t truly be measured. It’s civil law’s answer to holding defendants accountable for depriving plaintiffs of their spouses, parents, or children.
These losses include:
Loss of consortium
Loss of comfort
Loss of companionship
Emotional distress
Mental suffering
Punitive damages
Fighting for noneconomic damages doesn’t seek to replace a loved one; instead, what it does is seek an appropriate amount for holding companies and negligent individuals accountable for the loss of another person’s life. It’s an important part of the law, but more importantly it’s one way of helping you get justice and move forward.
The Difference Between Survival Actions & Wrongful Death Claims
While our Midland wrongful death attorneys can file both types of claims, there's a fine legal difference between a survival action and a wrongful death claim. In a wrongful death claim, the plaintiffs are those who are left behind by the loss of a loved one. Your grief and loss is the foundation of such a claim. In a survival action, the plaintiff is the decedent, and the claim seeks recovery for the medical bills, lost wages, and noneconomic damages incurred by the injuries related to their death. In a situation where a person survived for a day or longer after an accident, or an accident wasn't immediately fatal, a survival action would be warranted.
Talk to a Midland Wrongful Death Lawyer Today: (888) 493-1629
If you want to take legal action after the loss of a loved one, your best bet is to work with an attorney who has experience with wrongful death lawsuits in your area. Trying to deal with the insurance company and other parties can be frustrating, overwhelming, and downright impossible. A competent wrongful death lawyer from Arnold & Itkin will know exactly how to deal with the insurance adjuster and all other interested parties, so you and your family have the opportunity to get the answers you need and the full compensation you deserve. We have recovered billions of dollars on behalf of our clients by never settling for less than what our clients deserve.
To work with a firm that gets results, call (888) 493-1629 to schedule your free, confidential consultation with our wrongful death law firm.
CommonQuestions
What Can Be Claimed in a Wrongful Death Suit?
Since wrongful deaths are treated similarly to Midland-Odessa personal injury cases, economic losses are a part of the claim. However, family members may also claim emotional distress during a wrongful death claim, as well as punitive damages in order to incentivize the at-fault party to change their ways. Damages that can be claimed in a wrongful death case may include medical costs related to the cause of their death, funeral expenses, lost wages and benefits that the individual would have made if still alive, services that the individual would have provided, and the emotional suffering of surviving family members.
What Are the Causes of a Wrongful Death?
Midland-Odessa has a booming oil economy. Each day, workers are placed at risk from toxic substances and dangerous machinery. Workers may die in the oilfield because their employers or other people act negligently, either by failing to provide maintenance or training or through unsafe practices. However, wrongful death isn't limited to dangerous occupations; people can die from negligence in nearly any context. Car accidents, workplace accidents, unsafe property grounds, defective drugs, and defective products can all cause wrongful deaths.
Is There a Time Limit That Applies to Wrongful Death Lawsuits in Midland, TX?
Yes, there is a statute of limitations on wrongful death lawsuits in Texas, which will apply to a case filed in Midland, Odessa, or the surrounding areas. Your wrongful death attorney should take the necessary steps to make sure you do not miss this deadline, as that could nullify your ability to file your case. You have two years from the date of your loved one's death to file a wrongful death lawsuit in Midland-Odessa.
