Losing a loved one due to someone else’s negligent actions is an experience that no family should have to endure. At Amanda Demanda Injury Lawyers, our experienced wrongful death attorneys in Odessa, TX are here to stand with families in their most difficult moments, fighting for justice and rightful compensation on their behalf.
We approach every wrongful death case with both legal skill and compassion. Our objective is to ensure that no negligent individual or corporation escapes accountability for causing such a life-altering loss.
Wrongful Death Claims Under Texas Law
Wrongful death claims in Texas are governed by the Texas Wrongful Death Act (Texas Civil Practice & Remedies Code § 71.001 et seq.). A wrongful death occurs when a person’s death is the direct result of another party’s negligent, reckless, or intentional misconduct.
Our Texas wrongful death lawyers handle all types of claims, including:
- Deadly motor vehicle crashes, including car, truck, motorcycle, and pedestrian accidents
- Fatal falls from heights on construction sites
- Premises liability fatalities due to negligent security
- Boating accidents and other drowning incidents
- Oilfield accidents and workplace fatalities
- Defective or dangerous consumer products
Who Has the Right to File a Wrongful Death Lawsuit in Odessa?
Texas law is strict about who can bring a wrongful death lawsuit. Eligible parties include:
- The Surviving Spouse
- Biological or Adopted Children
- Biological or Adoptive Parents
If no qualifying family members file suit within three months of the death, the personal representative (executor) of the deceased’s estate may pursue the claim, unless all beneficiaries agree not to proceed.
Our Odessa wrongful death lawyers ensure that all procedural requirements are met and that claims are filed timely and correctly to preserve your right to recover compensation.
Recoverable Damages in Wrongful Death Cases in Odessa, TX
- Loss of Earning Capacity: The income your loved one would have provided over their lifetime
- Loss of Care and Support: The value of lost household services, childcare, and other non-financial contributions
- Loss of Companionship and Love: Emotional losses such as loss of comfort, guidance, and society
- Mental Anguish: Emotional distress caused by the unexpected death of a family member
- Loss of Inheritance: The value of assets your loved one would likely have saved and passed on
In cases where the death was caused by gross negligence or willful misconduct, we may also pursue exemplary (punitive) damages.
The Importance of Survival Claims in Odessa Fatality Cases
In addition to wrongful death claims, we may pursue survival actions on behalf of the deceased’s estate. A survival claim is separate from a wrongful death lawsuit. It allows recovery of damages that the deceased person could have claimed had they survived, including:
- Medical bills from injury treatment before death
- Physical pain and suffering before passing
- Funeral and burial expenses
- Property damages resulting from the incident
Through survival actions, our Odessa, TX personal injury lawyers and wrongful death attorneys help ensure that all available forms of compensation are vigorously pursued.
FAQs on Odessa, TX Wrongful Death Claims
1. Can multiple family members file separate wrongful death lawsuits?
No. In Texas, all eligible beneficiaries, such as spouses, children, and parents, must file a joint claim or be represented together. Separate lawsuits are not allowed.
2. Can I sue an employer for a loved one’s wrongful death in an oilfield accident?
Yes, in limited cases. If the employer had no workers’ compensation insurance or acted with gross negligence, we may pursue a wrongful death lawsuit.
3. What if my loved one was partially at fault for the wrongful death accident?
Texas applies modified comparative fault. If the deceased was less than 51% at fault, compensation may still be recovered but reduced proportionally.
4. How long do I have to file a wrongful death claim in Odessa?
In Texas, wrongful death claims generally must be filed within two years of the date of death. Missing this deadline can permanently bar you from recovering compensation.
5. Is there compensation for loss of inheritance in Texas wrongful death claims?
Yes, Texas law allows recovery for a lost inheritance, covering the assets and savings the deceased likely would have accumulated and passed on.
6. Can a wrongful death lawsuit proceed if criminal charges are also pending?
Yes. A civil wrongful death claim can proceed independently of criminal charges. The outcome of one case does not prevent the other from moving forward.
Get Strong Legal Representation from Our Odessa Wrongful Death Attorney
If your family is facing the tragic loss of a loved one due to negligence, we are here to help you seek justice and compensation. Amanda Demanda Injury Lawyers has earned a formidable reputation for recovering more than $500 million in settlements and verdicts for clients. We are ready to offer you trusted guidance, fierce advocacy, and compassionate support every step of the way. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
