Workplace and Work-Related Deaths in Midland
When a loved one unexpectedly dies on the job in Midland, it is devastating. Sadly, a Midland wrongful death also brings along unexpected financial concerns, only increasing the burden. At Carabin Shaw, we understand this and we sympathize with your loss. Nothing can make this go away, but our Midland wrongful death attorneys know from experience that winning compensation can be helpful. We’ve worked countless cases concerning workplace and work-related deaths in Midland, so we know how to get you justice. The first step is letting a lawyer hear your circumstances to understand the best route in pursuing compensation for you and your family.Texas Law and Wrongful Death
When an attorney is looking at your case, they’ll want to know whether your loved one’s employer had workers’ compensation insurance. This is because employers in Texas have the right to choose if they’ll carry workers’ comp, and whether they have workers’ comp will determine what kind of legal action you can take. If your loved one’s employer in Midland has workers’ comp, you and your family will be entitled to death benefits as well as up to $6,000 in funerary costs. To receive this compensation, there is a one year window from the date of death for a family member in charge of the estate of the deceased to file a worker’s compensation death benefit claim. A Texas wrongful death lawyer can help you file and meet the necessary deadlines.
According to Texas law, a Midland wrongful death on the job will be covered by worker’s compensation, which is the “exclusive remedy” for recouping costs after a death or serious injury under the Texas Workers Compensation Act. For most cases then, compensation can only be recovered through worker’s comp, with one exception. Employers can be sued for wrongful death if they exhibited gross negligence which resulted in the employee’s death or if the death was caused by an intentional oversight or act.
If the employer’s negligent actions lead to the death of your loved one, you can file a wrongful death lawsuit. Below are some important facts to understand before filing a wrongful death claim:
- Who to sue - The party whose negligence was responsible for the death of your loved one should be named in the lawsuit. This could be a coworker, the employer, or a third-party like a manufacturer who made a faulty product that lead to the wrongful death.
- Who can sue - The people who are legally eligible to file a wrongful death lawsuit in Texas are called “statutory beneficiaries.” This includes three types of people: the deceased’s children, the deceased’s parents, or the deceased’s spouse.
- When to sue - In Texas, the statute of limitations to file a wrongful death lawsuit is two years from the date of death. Speak with a wrongful death attorney serving Midland to make sure you file on time to get the most justice for your loved one.
Understanding this criteria will help ensure that you are able to properly file a lawsuit for your loved one’s Midland wrongful death. In your suit, you will be eligible to win the following types of compensation:
- Funerary expenses
- Future earning capacity and lost income
- Pain and suffering
- Loss of council (guidance, child care, etc.)
- Loss of companionship
- Therapy cost for grief
- Punitive damages (monetary punishment for the responsible party’s negligent actions)
For further explanation and guidance on what compensation to pursue, speak with an attorney today.You Deserve Justice and Compensation
Nothing can make up for the loss of a loved one, but working with a lawyer can help because they know the legal system and how to beat it. You and your family did not deserve this loss, but at Carabin Shaw we know you do deserve proper reparations. Let our Midland wrongful death attorneys listen to your case today, so we can learn how best to assist you in moving forward.
Call us at 432-620-0544.