Wrongful Death Attorney in Odessa, Texas

Accidents happen every day. But unfortunately, they can have devastating consequences, including the loss of life. And when a person’s death is the result of someone else’s negligent conduct or wrongdoing, their surviving family members may be entitled to compensation through a wrongful death lawsuit.  

Losing a loved one can be a traumatic experience, and having someone who understands what you are going through and can provide a listening ear can help ease your pain. At The Law Office of Steve Brannan, our attorney provides skilled legal guidance and exceptional representation to families who recently lost their loved ones.  

Our wrongful death attorney has the compassion and experience necessary to help your family to pursue the fair compensation you deserve. You can start the process today by reaching out to schedule a free consultation. From our office in Odessa, Texas, we serve communities throughout West Texas, including Pecos, Midland, Big Spring, and Andrews.  

What Is Considered ‘Wrongful Death’ in Texas?

Under Texas law, a wrongful death occurs when the following criteria are met:  

1. an injury causes someone to die or prevents a fetus from being born alive;  

2. the injury is caused by someone else’s neglect, carelessness, wrongful act, unskillfulness, or default; and 

3. the injured party would have been entitled to compensation through a personal injury claim had they (a) survived or (b) been born alive.  

Wrongful death claims can arise from car accidents, truck accidents, motorcycle accidents, construction accidents and a variety of other negligence-based incidents.  

Who Can Pursue a Wrongful Death Lawsuit in Texas?

In Texas, certain surviving family members – the spouse, children, and parents – are eligible to pursue wrongful death lawsuits. However, if the above-mentioned surviving family members do not pursue a wrongful death lawsuit within three months of the decedent’s death, the lawsuit can be filed by the personal representative or administrator of the decedent’s estate. The only exception is if the surviving family members specifically request that the lawsuit not be filed.  

What Damages Can You Recover in a Texas Wrongful Death Case?

If the plaintiff(s) win a wrongful death case in Texas, the surviving family members can be awarded damages for the costs and losses stemming from their loved one’s death. The available damages depend on the unique circumstances of the death. However, commonly recovered damages include: 

• loss of income 

• loss of financial support 

• the value of lost household services 

• loss of companionship and love 

• loss of comfort and society 

• mental pain and anguish 

• lost savings or inheritance 

Exemplary damages may also be awarded if the deceased person’s death was caused by gross negligence or a willful act or omission. These damages—also known as punitive damages—go beyond compensating the injured or suffering party and are intended to punish the defendant for their wrongdoing. The primary purpose of exemplary damages is to deter the defendant and others from engaging in similar behavior in the future. 

How a Wrongful Death Attorney Can Help 

When your loved one dies, you may want to consider hiring a wrongful death attorney to provide you with the help and support you need during this difficult time. Here are some of the ways an attorney can help:  

• Provide you with emotional support - When dealing with the death of a loved one, you might feel lost, overwhelmed, and emotionally drained. A wrongful death attorney can provide you with the necessary support and empathy to help you manage your emotions and focus on the healing process.  

• Give you the legal advice and guidance you need - A wrongful death attorney can help you understand your legal rights and options. They can help guide you through the legal process, which can often be confusing and overwhelming. They can help you identify the at-fault party responsible for your loved one’s death and identify potential avenues for compensation. 

• Help connect the at-fault party’s negligence/wrongful act to your loved one’s death - Establishing a link between your loved one’s death and the at-fault party’s negligence or wrongful act is critical to building a strong wrongful death case. A wrongful death attorney can help investigate the circumstances surrounding your loved one’s death and gather the necessary evidence to prove the liability of the at-fault party or parties.  

• Navigate the legal proceedings on your behalf - When dealing with a wrongful death case, there are various legal processes that need to be followed: from filing the claim and discovery to negotiating a settlement, and if required, going to trial. A wrongful death attorney can help navigate these stages on your behalf.  

Having a skilled attorney on your side will allow you and your family to focus on grieving and healing without having to deal with the hassle and intricacies of the legal aspects of the case. Contact our law firm in Odessa, Texas, today to set up a time to talk with our trusted lawyer. Free consultations are available.