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Accidents caused by the reckless or careless actions of another person can lead to severe and lasting injuries, or in the worst-case scenario, could mean that someone will lose their life.
In the wake of a fatal accident, the victim’s family will often have to deal with funeral expenses, final medical bills, loss of income, loss of companionship, and other complicated issues. If someone else’s negligence caused the person’s death, surviving family members may file a wrongful death claim.
A wrongful death claim is a civil action, not a criminal one. This means that the surviving family members can seek financial compensation for their losses regardless of whether the at-fault party faces criminal charges.
Wrongful death claims may include deaths from car or truck accidents, dangerous or defective products, work-related accidents, and medical malpractice, just to name a few. Both individuals and businesses could be legally liable for negligence that causes another person’s death.
If your close relative has died as a result of someone else’s wrongdoing, you may be entitled to compensation. The compassionate and experienced Odessa wrongful death lawyers at Tate Law Offices, P.C., are here to help. Contact us today for a free, no-obligation consultation so we can discuss your legal options.
Why Do I Need a Lawyer for a Wrongful Death Lawsuit in Odessa?
If you plan to pursue a wrongful death lawsuit, it is in your best interest to hire a dedicated wrongful death attorney to handle your case.
You might struggle to pay for your loved one’s funeral and burial and may face additional financial strain due to the sudden loss of income and support. While no amount of money can truly compensate for the loss of a family member, getting a fair settlement or securing compensation through a lawsuit could ensure that you can support yourself and your family as you grieve and take the steps to move on with your lives.
Hiring a lawyer is essential when dealing with the insurer or other parties involved. Insurance representatives may want to talk to you about the case or encourage you to make statements that may affect the outcome of your claim. It is common for an insurance adjuster to offer you a small settlement to save money. A skilled wrongful death attorney will be able to negotiate with the insurance company to seek a full and fair settlement for your losses.
In Texas, a wrongful death case has a statute of limitations for filing. A lawyer will be able to effectively file the appropriate paperwork to meet these deadlines so that you will not miss out on your opportunity to pursue proper compensation.
How Can Tate Law Offices, P.C., Help?
Our law firm has a 99% success rate on personal injury cases. We have recovered millions of dollars in settlements for clients, including cases involving wrongful death.
For nearly two decades, the dedicated lawyers at Tate Law Offices, P.C., have fought tirelessly for victim’s families both in and out of the courtroom. We will do everything we can to pursue fair compensation for you and your family’s loss.
We represent clients in wrongful death cases in Odessa and throughout the state of Texas.
What Are the Grounds for a Wrongful Death Lawsuit in Odessa?
A wrongful death lawsuit can be filed if the victim died because of another party’s negligence and the surviving relatives were directly impacted as a result. The following criteria must be established in a wrongful death lawsuit:
- It must be established that the victim’s death was caused by another party, whether it was a deliberate act or due to negligence.
- It must be established that the family members suffered serious emotional and financial damages due to the victim’s passing.
Who Can File a Wrongful Death Lawsuit in Odessa?
Surviving family members or dependents are eligible to file wrongful death claims, which may include spouses, parents, or children. However, Texas law does not allow siblings to file a wrongful death claim for the loss of a sister or a brother.
There is a statute of limitations in Texas for wrongful death lawsuits. The surviving family members have only two years from the date of the loved one’s death to file a wrongful death claim. The only exceptions are:
- The plaintiff of the wrongful death lawsuit is a minor.
- The negligence of the defendants was not known during the two-year period.
- The mental or physical impairment of the plaintiff prevented them from filing the lawsuit during the two-year period.
- Instances of fraud.
If you have questions about whether you are eligible to file a wrongful death lawsuit in Texas, contact our experienced wrongful death lawyers to discuss the specifics of your case.
What Types of Wrongful Death Compensation Are Available?
There is nothing you can do to bring your loved one back, and there is no amount of compensation that can fully make up for your loss. However, it is important to seek closure by holding the party or parties responsible for causing your loved one’s death. You can do this through a wrongful death action.
Compensation and damages that may be recovered in an Odessa wrongful death claim include:
- Medical and Funeral Expenses – Any medical bills for the deceased’s treatment as well as burial expenses
- Missed Income – Any lost income that the deceased would have earned if they had lived
- Pain and Suffering – Damages due to the pain and suffering caused by the victim’s death
- Punitive Damages – Punitive damages, or exemplary damages, to punish the offender and send a message to the public that the reckless behavior is unacceptable.
Contact Our Odessa Wrongful Death Lawyers Today
If your loved one has died due to another’s negligent or reckless behavior, the wrongful death lawyers at Tate Law Offices, P.C., are ready to bring the responsible party to justice and help give you and your family a sense of closure. You need the guidance of our Odessa wrongful death attorneys during this difficult time.
We will fight to pursue the maximum compensation that you and your loved ones deserve. We represent clients in Odessa and throughout Texas. Call us today for a free and confidential consultation.
