At Grossman Law we take on cases that other wrongful death attorneys turn away. If you are seeking justice for a deceased loved one, we invite you contact us for a free consultation.
Have you lost a loved one due to someone’s negligent action? Along with grief, you may feel angry at the people who caused your pain. You may want to prevent them from hurting others.
Taking legal action won’t take away your pain, but it can help you seek justice. By filing a wrongful death lawsuit, you use the civil court system to hold the negligent party responsible. You can make the person who caused your loved one’s death pay. Your legal action could protect others from suffering similar harm.
At Grossman Law Offices, our Odessa wrongful death lawyers help family members who have lost a loved one due to someone’s negligence. From drunk driving accidents to oil field explosions, we pursue justice for victims and their families.
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What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil suit that compensates the family members of someone killed intentionally or negligently. The family members sue for the emotional and financial harm they suffered after their loved one’s death.
Who Can File a Wrongful Death Lawsuit?
Family members of a deceased person can file a wrongful death lawsuit. Eligible family members include the deceased’s:
- Spouse,
- Children, and
- Parents.
Under Texas law, siblings or unmarried partners cannot file a wrongful death lawsuit. If the deceased’s spouse, children, or parents do not file a wrongful death action within three months, the estate executor may file a claim on behalf of the deceased’s estate. However, the spouse, children, or parents can object to the executor’s wrongful death claim.
When Can You File a Wrongful Death Lawsuit?
As soon as you realize your loved one was intentionally or negligently killed, you should speak to a Midland wrongful death attorney about legal options. While family members are grieving and may not feel ready to take legal action, time is of the essence. The Texas statute of limitations for wrongful death claims is two years from the death. This means that if you wait more than two years after your loved one dies, your claim may be barred by the court.
However, a few exceptions allow you to file a wrongful death lawsuit even after the two-year time limit. These exceptions include:
- Plaintiffs don’t know negligence was involved in their loved one’s death;
- The plaintiff was a minor at the time of their parent’s death;
- The plaintiff was mentally or physically impaired during the two years after their loved one’s death; or
- Fraud was involved.
If you’re unsure whether you can file a wrongful death lawsuit, contact the Odessa wrongful death lawyers at Grossman Law Offices for a free consultation. We’ll review the details of your family’s experience and let you know whether you can file a claim.
What Do You Have to Prove in a Wrongful Death Lawsuit?
A wrongful death claim must prove someone negligently caused your loved one’s death. The burden of proof is lower than that of a criminal case. Civil cases like a wrongful death suit require you to prove the defendant’s liability by a preponderance of the evidence. On the other hand, criminal cases require prosecutors to prove the defendant’s guilt beyond a reasonable doubt. So even if the defendant was tried and acquitted for a crime related to your loved one’s death, you may be able to file a successful wrongful death suit.
If your loved one was killed because of someone’s negligence, you must prove these elements:
- The defendant had a duty of care,
- They breached that duty by doing or not doing something, and
- Their breach of duty resulted in your loved one’s death.
Besides proving that the defendant’s actions caused your loved one’s death, you must show that you suffered harm. Your damages can include emotional and financial harm.
What Compensation Can You Receive?
No amount of money can take away the pain of losing a loved one. However, a wrongful death settlement can help provide for your family. You face many unexpected expenses, from medical bills to funeral costs, that you may not be able to pay. Also, you may be struggling to replace your family member’s lost income. The financial strain can feel overwhelming.
Because the civil court system primarily awards money to compensate for a victim’s harm, a Midland wrongful death attorney will attempt to put a dollar amount on your emotional and financial losses. In making this difficult calculation, attorneys consider these factors:
- Loss of companionship,
- Loss of support,
- Loss of inheritance,
- Pain and suffering,
- Medical expenses,
- Funeral expenses, and
- Punitive damages.
Presenting evidence to back your claim will improve your chances of obtaining maximum compensation. For instance, collecting medical bills, paystubs, childcare invoices, housekeeping receipts, and auto repair bills can help you prove some of the financial expenses you incurred due to your loved one’s wrongful death.
What Will an Odessa Wrongful Death Attorney Do to Help?
By hiring an Odessa wrongful death attorney, you take an important step toward justice. A wrongful death attorney will take these steps to seek maximum compensation for your family:
- Review the details of your claim and determine whether a wrongful death action is appropriate;
- Investigate the details of your loved one’s death and gather evidence;
- Calculate damages based on evidence of your harm;
- Present a damages request to the defendant;
- Negotiate with the defendant’s attorneys to reach a settlement; and
- Take your case to trial if the defendant is not willing to offer an agreeable settlement.
We know that a wrongful death lawsuit can be emotionally taxing on top of the grief you already experience. That’s why our Midland wrongful death lawyers take care of much of the paperwork and negotiating. We want you to take time for yourself and your family as you work to heal. We’ll keep you informed about every step of your lawsuit while taking care of stressful legal tasks.
Contact Our Experienced Midland Wrongful Death Attorneys for a Free Consultation
If you have lost a loved one due to someone’s negligence, you can seek compensation through a wrongful death lawsuit. Due to the emotions and finances involved in this serious matter, you need to speak with an experienced Midland wrongful death lawyer.
At Grossman Law Offices, we have been helping accident victims and their families for decades. Our Odessa wrongful death attorneys have helped thousands of families recover collective millions from the people who harmed them. We show each client compassion and respect while fighting to recover maximum compensation for them.
While our goal is to help each client achieve a measure of justice over their loss, we also hope that our work prevents needless deaths. After serving as counsel for many drunk driving cases, our wrongful death lawyers became involved in community efforts to prevent these tragic accidents. Among our current efforts, we serve in leadership with MADD North Texas, sponsor free holiday rides, and offer scholarships that bring awareness to drunk driving.
To learn more about our firm and how our Midland wrongful death lawyers can assist you with a lawsuit, contact us for a free consultation. We’ll review your case and let you know if we can help. You don’t have to walk this painful journey alone—we are ready and willing to help.