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Midland Wrongful Death Lawyer

Midland Wrongful Death Lawyer

You recently lost a loved one in a tragic accident. Based on what you know about what transpired leading up to their death, you know that had it not been for their negligent actions, your beloved family member would still be here today. While no amount of money will bring your close relative back, you do want the person or entity responsible for harming them to be held accountable for their actions. You never want anyone else to go through the same thing that you’re going through now. A Midland wrongful death lawyer can help.

Our lawyers have supported countless families like yours that have lost a loved one much earlier than anticipated. We’ve been there to handle all the legal wrangling to get them the justice they deserve so that they can take time and grieve their loss in peace. Our law firm, Barrera Law Group LLC, wants to do the same for you. So, let’s meet for a free initial consultation to discuss the different aspects of your case, including what happened that resulted in your relative’s passing and what rights Texas law affords you because of that. Call or email to meet with an attorney in our West Texas office today.

What Texas Wrongful Death Laws Say

Chapter 71 of the Civil Practice and Remedies Code is where you’ll find the Texas Wrongful Death Statute.

What a Wrongful Death Is

Sec. 71.002 specifically details how a person is liable for damages associated with an injury causing another individual’s death if the former or their agent commits a “wrongful act, neglect, carelessness, unskillfulness, or default” that ultimately deprives the victim of their life.

Who Responsible Parties for These Unexpected Deaths Are

That same section of the statute goes on to list different third parties that may potentially be held responsible for a person’s wrongful death, including those it describes as “a proprietor, owner, charterer, or hirer” of vehicles “for the transportation of goods or passengers,” provided.” Although, you shouldn’t take this to mean that death claims are solely limited to ones caused by vehicles, as this isn’t the case.

Who Can File Suit for a Negligent Death in Midland TX

Another section of this code, Section 71.003, specifically states that filing a wrongful death lawsuit is only possible if the decedent would have otherwise been born alive (in the case of an unborn child dying) or the victim would have been able to file suit oneself had they not died.

When Lawsuits Cannot Be Filed: Unborn Child Deaths

That same section of the law describes instances in which certain behaviors that result in death are excepted, meaning surviving loved ones of victims are not allowed to file wrongful death lawsuits in Texas. Those listed circumstances center around unborn children and include:

  • Mothers of unborn children
  • Doctors and other licensed health care providers performing lawful medical procedures with the patient’s consent
  • Anyone who lawfully dispenses or administers drugs if death results from doing so
  • Any physician or licensed health care professional who performs a lawful procedure

Whether Crime Victims Are Entitled to Sue for Wrongful Death

Section 71.006 of this code describes how surviving family members of victims of felonious acts (i.e., an assault or murder) are entitled to bring wrongful death claims after such acts.

Your Rights to Bring a Lawsuit if the Responsible Party Dies

Section 71.008 also spells out how should the responsible party, the defendant, die while a lawsuit gets filed or while it’s pending, the administrator or executor of their estate can be made defendant in their absence so that the civil legal proceedings can move forward.

Paying Your Deceased Loved One’s Debts with a Monetary Settlement

Section 71.011 describes how damages recovered by filing a wrongful death claim don’t have to go to paying the decedent’s debts.

Wrongful Death vs. Survival Actions: What Is the Difference?

A survival action and a wrongful death claim aren’t the same.

Tex. Civ. Prac. & Rem. Code § 71.021 outlines how survival actions are claims brought to allow surviving family members to recover compensation of a decedent pre-death. This includes mental anguish or pain and suffering they may have endured at the end of their life. A wrongful death claim is different in that it aims to hold the responsible party accountable for their actions and to discourage any others from seriously or fatally hurting others in the future. Further, the wrongful death filing aims to compensate family members for the emotional suffering and monetary losses they sustained due to their loved one’s untimely passing.

It’s important to note that while damages recovered pursuant to the filing of a survival claim go to the decedent’s estate and are divisible per the decedent’s will or Texas intestate succession rules (if the deceased hadn’t yet engaged in estate planning).

Here at Barrera Law Group LLC, we are prepared to file both wrongful death and survival claims on behalf of your deceased loved one and your family. So, please reach out to schedule an initial consultation to understand your right to pursue legal action today.

Defendants Our Experienced Attorneys Have Filed Wrongful Death Claims Against in Texas

These claims can involve a lot more time and effort than other types of personal injury cases. That’s why you want an experienced lawyer handling your legal matters. Our attorneys at Barrera Law Group have experience filing these claims against:

  • Doctors or other medical providers whose actions deviated from the typical standard of care (committed medical malpractice) and caused illnesses or injuries that claimed their patient’s life
  • Carless product designers, manufacturers, or distributors who crafted, produced, or released defective commercial or consumer goods onto the market that caused them fatal injuries
  • Public entities, like city, county, and state government agencies, whose employees or the entity as a whole whose negligent behaviors at construction sites or failure to secure their premises
  • Reckless passenger car drivers or tractor-trailer operators who caused deadly wrecks
  • Property owners who didn’t fix known issues on their premises that would have protected their invited guests from suffering harm, i.e., fallen signs warning of a steep drop-off if they continued moving forward or that a building contained flammable substances that would ignite if exposed to a flame
  • Neglectful nursing home employees who didn’t give residents the attention they deserved, resulting in them suffering irreversible harm that ultimately caused their death


Of course, these are only a few examples among many that may result in someone’s unfortunate death. Virtually any scenario you can think of in which someone’s death results from another’s error could make it on the list above.

So, if you have lost a loved one to a preventable accident, reach out to us to provide you with attentive and passionate legal representation during this trying time of your life.

Questions To Ask Your Lawyer at Your Wrongful Death Case Consultation

If you’re considering taking legal action after your loved one’s death, you’re bound to have many questions. Make sure to write those down and bring them with you to ask the attorney you meet with during your initial case consultation. And, if they’re not already on your list, the following questions should be added to it to make sure they’re the right fit for your case:

  • How long have you been a lawyer?
  • Have you handled similar cases to mine before?
  • Do you think my case is strong and winnable?
  • Will you be handling my case or someone else?
  • How involved do I need to be involved in the case?
  • How often should I expect you to communicate the case’s status to me?
  • What are your fees for representing my family and me in this wrongful death action?
  • Are you generally able to settle cases outside of court, or do you have to litigate them in Midland County Civil Court?
  • Do you feel comfortable taking my case to trial if the insurance company for the responsible party doesn’t want to settle?
  • What types of settlements have you previously secured in cases like mine?

Make Scheduling a Consultation with an Attorney a Priority

A Midland wrongful death lawyer is primed and ready to take on your sensitive legal matter right now. And, given how preserving evidence and filing a lawsuit are time-sensitive matters, it’s imperative that you act fast in taking action.

Contact our law firm, Barrera Law Group LLC, now.

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