Midland Wrongful Death Attorneys
We Fight for Families Who Have Experienced Catastrophic and Preventable Losses.
The sudden and unexpected loss of a loved one is the most difficult event most people will ever experience. When the person’s death is the result of the negligent or reckless actions of another person, grief may be complicated by feelings of anger, unfairness, and helplessness. Then, there are the challenges of everyday life that do not pause to let you recover. Trying to care for yourself and your loved ones under these circumstances can feel impossible.
For the survivors of those lost due to negligence, the legal system is on your side. You may be able to receive financial damages to help you get through this time. The wrongful death attorneys at The Ammons Law Firm LLP can help families at their most vulnerable navigate the legal process and file a claim against the negligent party. We have years of experience representing individuals injured because of another person’s negligence, so we know how to prepare and present a strong case. We work with investigators and the latest technology to recreate accident scenarios, demonstrating liability in court.
If you are considering filing a wrongful death claim, reach out to The Ammons Law Firm LLP for a free consultation. You can call us at (866) 591-3983 or send a message to our Midland team online.
About Filing a Wrongful Death Claim
Wrongful deaths are the result of the negligence, carelessness, or reckless acts of another person or corporation. A preventable accident of any sort that leads to the fatality of one or more parties will give their survivors cause for a wrongful death suit.
Types of Wrongful Death Cases We Handle
In Texas, wrongful death cases may be linked with the following accidents or injuries:
- Auto Defects
- Aviation Accidents
- Brain Injury
- Car Accidents
- Catastrophic Injury
- Defective Products
- Explosions
- Personal Injury
- Workplace Accidents
No matter the cause of an accidental death, it’s a good idea to enlist an attorney to help you investigate and file a claim. Negligence may not be easy to spot in all cases, but it’s a factor in many accidents. We can help you look into who is responsible so they can be held accountable.
The Wrongful Death Statute of Limitations
Like other personal injury cases, wrongful death lawsuits must be filed in court within a prescribed period of time. Courts impose deadlines on lawsuits (statutes of limitations) because as time passes, critical evidence may be destroyed or misplaced, and witnesses may become unavailable or forget what they saw.
Wrongful death cases that are not filed before the statute of limitations ends will be barred from ever being heard in court, so it is crucial parties who are considering filing such a legal claim consult with our qualified wrongful death attorneys as soon as possible.
Wrongful Death Damages
After a wrongful death, the victim’s surviving relatives can file a lawsuit seeking financial damages from the responsible party. A family may request compensatory damages for:
- Medical bills
- Lost wages
- Loss of companionship
In cases of gross negligence or intentional acts, a jury may decide to punish the at-fault party by awarding additional compensation to the plaintiffs (punitive damages). Here’s what you can ask for in each category of damages if you decide to file a case.
Compensatory Damages
Compensatory damages awarded by a judge or jury to repay a victim’s family for the costs of medical care, funeral and burial expenses, and other costs related to the wrongful death. Most often, families of deceased parties prove their compensatory damages in court by submitted receipts for the services and products they paid for.
Compensatory damages may also be awarded for income the victim would have earned if they had lived. Lost income can be projected out for decades depending on the age of the victim at the time of their death. Courts have also awarded compensatory damages for the worth of an individual’s housekeeping and child-care services. Also, an award might be justified on the basis of grief and loss of companionship.
Punitive Damages
These are court-awarded amounts exceeding economic losses suffered by the plaintiff that are intended solely to punish the defendant. Punitive damages are not available in all wrongful death cases. Your situation will determine whether it is appropriate to argue for them.
Limits on Damages
Some states place limits on the amount of money in compensatory or punitive damages a jury can award to a victim’s family in a wrongful death action. For instance, international treaties limit the amount that can be recovered by relatives of people killed on airlines traveling between nations. Our own state code limits punitive damages to the greater of double the amount of economic damages plus the amount of the noneconomic damages, not to exceed $750,000; or $200,000.
Workers’ compensation cases also limit damages in that they do not provide for all the losses a personal injury suit would. In a wrongful death claim, you will be able to request:
- Compensation for pain and suffering
- Recovery of loss of earnings of the decedent
- Compensation for loss of companionship
- Reimbursement for burial and funeral expenses
- Recovery of present and future financial losses
- Reimbursement for out-of-pocket expenses incurred
- Reimbursement for or payment of any medical expenses incurred
However, many workplace accidents also include third-party negligence, meaning you can file an additional claim against, e.g., a negligent manufacturer. Ask our attorneys if a fatal workplace accident might give you cause to file a suit against a third party.
Frequently Asked Questions About Wrongful Death Claims
Who Can File a Wrongful Death Lawsuit?
The family (also called heirs) of a deceased person can seek financial damages through a wrongful death suit for the loss of their loved one. While states have different rules for who is eligible to file wrongful death lawsuits, a decedent’s parents, spouse, children (including adopted and stepchildren), and siblings are the most common plaintiffs.
Are There Limits on Who I Can Sue?
A family member cannot sue another family member for wrongful death. You also cannot sue the direct employer of the deceased family member in most situations; you must file a workers’ compensation claim instead.
What Causes of Death Can Lead to a Lawsuit?
While any death that is caused by negligent or reckless and unlawful conduct of another person or entity gives cause for a wrongful death suit, the most common cases involve:
- Automobile accidents
- Farm, construction, industrial and recreational equipment accidents
- Exposure to toxic substances and chemicals
- Defective products and pharmaceuticals
Intentional acts of violence such as robberies, shootings, and assaults also can lead to wrongful death litigation.
Our Experienced and Caring Team Can Help You
Our team at The Ammons Law Firm LLP has fought for thousands of injury and wrongful death victims in Texas and across the U.S. We have 2 certified Personal Injury Trial Law experts on our team and over 100 years of combined experience. This means we understand how difficult it is to be in your position.
We operate with empathy and efficiency, working hard for our clients while providing the support you need as you grieve. We are always available to answer your questions and help you understand what you should expect from a wrongful death case. Taking action can be essential to securing a stable future for your family, and it can bring you a sense of justice. Reach out to The Ammons Law Firm LLP today for help.
If you are suffering after a loved one died because of the negligence of others, you may have a wrongful death case. Call our Midland wrongful death attorneys at (866) 591-3983 for a free consultation.
If you are suffering after a loved one died because of the negligence of others, you may have a wrongful death case. Contact our Midland wrongful death attorneys at The Ammons Law Firm LLP today for a free consultation.