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The Process of Filing a Wrongful Death Claim in Midland

If you’ve lost a loved one in an accident in Midland that was caused by another person’s negligence, or if your loved one was killed due to an intentional act by another party, you may be considering filing a wrongful death claim. But you may be wondering about the process of filing a wrongful death claim in Midland. Fortunately, our Midland wrongful death attorneys at Carabin Shaw are here to outline the steps you need to take for your claim, and the requirements for filing these lawsuits in Texas.

1. Determine if You are Personally Able to File a Wrongful Death Lawsuit

In Texas, only certain relatives of the deceased are able to file wrongful death claims. Only the parents, children, or surviving spouse of the deceased can file these lawsuits – siblings and grandparents are not able to file these claims in our state. Executors of the estate may also file wrongful death claims on behalf of the deceased, although eligible family members may block this action.

Another factor influencing whether or not you will be able to file your lawsuit is the statute of limitations. In Texas, the statute of limitations for wrongful death claims is two years from the date of the death. If it has been more than two years since the death occurred, you will not be able to file a wrongful death claim.

2. Choose and Hire a Midland Wrongful Death Attorney

If you’re an eligible relative and the statute of limitations is not yet up, the next step is to find an attorney to help you file your wrongful death claim. When choosing among Midland wrongful death attorneys, keep in mind you’ll need a lawyer who is very familiar with wrongful death claims, and one who has a proven track record of winning personal injury cases.

Your lawyer will be the one to help you prove negligence, and may very well be the deciding factor in your case’s success or failure. Wrongful death claims are frequently complex, and sometimes the only factor you can control is the legal representation you choose.

3. Determine What Types of Damages You Will Sue For and File Your Claim

There are many types of damages you can choose to sue for in the event of a loved one’s wrongful death. With the help of your attorney, you will need to decide which damages to sue for, and how much compensation you will seek.

You may decide to sue for one or more of the following damages:

  • Pain and suffering caused by the death
  • Funeral and burial expenses
  • Costs of medical bills related to the injury that resulted in death
  • Loss of income
  • Loss of companionship
  • Punitive damages
The Carabin Shaw Difference

If you’re ready to hire a wrongful death attorney serving Midland, Texas, give Carabin Shaw a call today to see if we may be able to help. Our firm employs only the best Midland wrongful death attorneys, and we’ve been serving Texans for more than two decades. Our legal team has a combined 200 years of experience, and we’ve secured more than $500 million in compensation for our clients. Best of all, we offer all new clients a no cost, no obligation initial consultation – meaning you have absolutely nothing to lose by speaking with a wrongful death lawyer in Midland today.

Our attorneys serving Midland at Carabin Shaw want to help you get justice for your loved one and damages for your losses. To find out what we can do for your Midland wrongful death claim, call us today at 432-620-0544 to receive a free consultation with a lawyer.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
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