Experiencing the sudden loss of a loved one due to a preventable accident is a heart-wrenching ordeal no family should have to face. The intense grief and shock are further compounded by the financial strain of unexpected medical, funeral, and burial expenses.

When the deceased was the primary breadwinner, the financial repercussions can be devastating, jeopardizing the family’s stability and future. This heartache is intensified when the death results from another’s negligence, recklessness, or intentional misconduct, classified legally as wrongful death.

A wrongful death claim enables surviving family members to seek compensation for their losses and damages. While no financial settlement can replace a loved one, it can provide support for the family’s future and serve as a measure of justice for an incident that should never have occurred.

Have you lost a loved one due to someone else’s negligence? Contact Keith & Lorfing today at (325) 225-0143 or contact us online to schedule a meeting with our wrongful death lawyer in Midland.

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Who to Pursue in a Wrongful Death Claim

In wrongful death cases, several potential parties may be held liable, depending on the circumstances of the death:

  • Drivers: If the wrongful death resulted from a car accident caused by a negligent driver, the driver can be held liable for their actions.
  • Medical Professionals: Doctors, nurses, and other healthcare providers may be held responsible if medical malpractice led to the wrongful death.
  • Property Owners: Owners of properties where unsafe conditions led to an accidental death can be pursued for negligence.
  • Businesses: Companies may be held liable if their negligence or misconduct resulted in a wrongful death. This includes manufacturing defects, unsafe working conditions, or inadequate safety measures.
  • Employers: In workplace accidents, employers can be held responsible for failing to provide a safe working environment or for negligence in training and supervision.
  • Product Manufacturers: If a defective product caused the wrongful death, the manufacturer, distributor, or retailer can be held accountable under product liability laws.
  • Municipalities and Government Agencies: In cases where unsafe public spaces, roads, or negligence by government employees led to a wrongful death, government entities might be pursued.
  • Shared Liability: Often, more than one party can be held liable in a wrongful death case. For example, in a truck accident, both the driver and the trucking company might share responsibility.

Establishing Liability

To successfully pursue a wrongful death claim, it’s necessary to establish that the defendant owed a duty of care to the deceased, breached that duty through negligent or wrongful actions, and that this breach directly caused the death and resulting damages. Here’s how this is typically done:

  • Investigation: A thorough investigation to gather evidence, review accident reports, and analyze medical records.
  • Witness Testimony: Interviewing witnesses who can provide insight into the circumstances of the death.
  • Expert Consultation: Engaging experts such as accident reconstruction specialists, medical experts, or forensic analysts to support the claim.
  • Discovery Process: During litigation, the discovery process helps uncover additional evidence from the defendant, including documents, depositions, and interrogatories.

Damages That Could Be Pursued in a Wrongful Death Claim

When a loved one’s life is tragically cut short due to someone else’s negligence or misconduct, surviving family members have the right to seek compensation through a wrongful death claim. The damages pursued in such a claim are intended to address both the economic and non-economic losses suffered by the family.

Here’s an overview of the types of damages that can be pursued:

Economic Damages

Economic damages compensate for the financial losses directly resulting from the wrongful death. These include:

  • Medical Expenses: Costs incurred for the medical treatment of the deceased prior to their death, including hospital bills, medications, and any other healthcare-related expenses.
  • Funeral and Burial Costs: Expenses related to the funeral, burial, or cremation of the deceased.
  • Loss of Income: Compensation for the income the deceased would have earned if they had lived, including lost wages and potential future earnings.
  • Loss of Financial Support: Financial contributions the deceased would have provided to the family, such as household expenses, education costs, and other monetary support.

Non-Economic Damages

Non-economic damages compensate for the intangible losses experienced by the surviving family members. These include:

  • Pain and Suffering: Compensation for the physical and emotional pain and suffering endured by the deceased before death.
  • Emotional Distress: Compensation for the emotional trauma and mental anguish experienced by the surviving family members due to the loss.
  • Loss of Companionship: For the loss of love, companionship, and consortium that the deceased provided to their spouse.
  • Loss of Parental Guidance: Loss of care, nurturing, and guidance that the deceased would have provided to their children.
  • Loss of Household Services: Compensation for the loss of services the deceased provided, such as childcare, housekeeping, and other domestic tasks.

Exemplary (Punitive) Damages

In certain cases, the court may award exemplary or punitive damages. These damages are not intended to compensate the family for their losses but rather to punish the at-fault party for particularly egregious or reckless behavior and to deter similar conduct in the future. Exemplary damages may be awarded in cases where the wrongful death was caused by gross negligence or intentional harm.

Factors Affecting Compensation

The amount of compensation awarded in a wrongful death claim can be influenced by several factors, including:

  • Circumstances of the death: The nature and severity of the negligence or wrongful act.
  • Age and health of the deceased: Younger individuals or those in good health may result in higher compensation due to the longer expected duration of financial and emotional support.
  • Financial situation of the deceased: The deceased’s earning capacity, employment history, and potential future earnings.
  • Relationship between the deceased and the claimants: The extent of the emotional and financial impact on the surviving family members.

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Contact Our Midland Wrongful Death Lawyer

If you have lost a loved one due to someone else’s negligence, it is important to seek legal advice to understand your rights and pursue the compensation you deserve. Our experienced wrongful death lawyer at Keith & Lorfing can guide you through this process and help you secure the damages you are entitled to.

Contact Keith & Lorfing today at (325) 225-0143 or contact us online to schedule a FREE consultation with our wrongful death attorney in Midland.

Choose Keith & Lorfing

Keith & Lorfing is a premier litigation firm in West Texas, specializing in wrongful death cases. Our attorneys bring decades of courtroom experience and are renowned for their exceptional litigation and trial skills. We take a practical approach to efficiently resolving cases, ensuring your legal rights are protected during challenging times.

  • 75+ Years of Combined Experience
  • 500+ Jury Trials Conducted
  • Recognized as Best Lawyers in Abilene for 2023
  • Former State & Federal Prosecutors on Staff
  • Multiple Offices Throughout West Texas
  • Personalized Case Handling

Trust Keith & Lorfing to provide the dedicated representation you deserve.

Hiring a Midland Wrongful Death Attorney

Facing the tragic loss of a loved one due to negligence is an incredibly difficult experience. Our attorneys at Keith & Lorfing are dedicated to providing compassionate and skilled representation to help you at this challenging time. Here’s how we can assist you:

  • Provide Expert Legal Guidance: Our team will guide you through the complexities of wrongful death laws, ensuring you understand your rights and options.
  • Investigate the Incident: We gather evidence, interview witnesses, and consult with experts to establish liability and build a strong case.
  • Negotiate Settlements: We work diligently to secure fair compensation for your loss, covering medical expenses, funeral costs, and emotional distress.
  • Represent You in Court: If necessary, we will advocate on your behalf in court to ensure justice is served and that you receive the compensation you deserve.

Choosing the right attorney means having a dedicated advocate by your side, committed to achieving the best possible outcome for your case. Trust Keith & Lorfing to support you every step of the way.

Statute of Limitations for a Wrongful Death Claim in Texas

The statute of limitations is the time period within which you must file your claim.

Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of the deceased person’s death to file a wrongful death lawsuit. Filing after this period can result in the loss of your right to pursue compensation.

There are specific circumstances where the statute of limitations may be extended or tolled, including:

  • Discovery Rule: If the cause of death was not immediately apparent, the statute of limitations may begin from the date the cause of death was discovered or reasonably should have been discovered.
  • Minors: If the claimants include minor children, the statute of limitations may be tolled until the minor reaches the age of 18.
  • Fraud or Concealment: If the defendant intentionally concealed their wrongdoing, the statute of limitations may be extended.

Taking timely action is essential in wrongful death cases. Delaying the filing of a claim can lead to:

  • Loss of Critical Evidence: Evidence may be lost or become less reliable over time.
  • Witness Availability: Witnesses may become difficult to locate, or their memories may fade.
  • Legal Rights: Missing the deadline can result in the forfeiture of your right to seek legal recourse.

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Information on Fees

When dealing with the aftermath of a wrongful death, the financial burden can be overwhelming. We aim to alleviate some of this stress by offering our legal services on a contingency fee basis.

Contingency fees are a type of payment arrangement where your attorney’s fees are contingent upon winning your case. This means that you do not have to pay any upfront fees or hourly rates. Instead, our fees will come as a percentage of the compensation awarded to you.

  • No Upfront Costs: You don’t need to worry about paying any legal fees at the start of your case. This allows you to focus on your family and healing without the added financial stress.
  • Attorney Incentive: Since the attorney’s payment depends on the success of the case, they are highly motivated to work diligently to secure the maximum compensation possible.
  • Percentage-Based Payment: The attorney’s fees will be a pre-agreed percentage of the settlement or court award. This percentage is typically discussed and agreed upon before the attorney begins working on your case.
  • Access to Justice: Contingency fees make it possible for individuals who might not afford legal representation to seek justice and compensation for their loss.
  • Risk-Free Representation: If your attorney does not win your case, you do not owe any legal fees. This reduces your financial risk.
  • Focus on Results: Knowing that their payment depends on winning the case ensures that your attorney is committed to achieving the best possible outcome for you.
Our Commitment to You

We believe that financial constraints should not prevent you from seeking the justice you deserve. Our contingency fee arrangement reflects our commitment to providing high-quality legal representation without adding to your financial burden.

We understand the complexities and emotional challenges of wrongful death cases and are dedicated to supporting you every step of the way.

woman looking out of a window looking sad

Why Choose Keith & Lorfing Over Wrongful Death Attorneys in Midland

Choosing the right attorney to represent you in a wrongful death case is a critical decision. We believe our compassionate and dedicated team stands out for several reasons:

  • Strategic Approach: We employ a strategic approach designed to achieve outstanding results. Whether negotiating settlements or representing you in court, we aim to maximize your chances of a favorable outcome.
  • No Upfront Costs: Our contingency fee arrangement means you pay no upfront costs. This commitment reduces your financial risk and allows you to focus on healing.
  • Extensive Expertise: With over 75 years of combined experience, our attorneys are well-versed in handling complex wrongful death cases. Our deep knowledge and understanding of wrongful death law ensure that we can effectively navigate the legal system on your behalf.
  • Highly Qualified Team: Our attorneys are among the most credentialed in West Texas, providing top-notch representation. Our team includes former state and federal prosecutors who bring a wealth of experience and insight to each case.
  • Ample Resources: With multiple attorneys on staff and a robust support team, we are equipped to provide high-quality service and personalized attention to every client. Our resources enable us to thoroughly investigate and build strong cases.
  • Rapid Response: We prioritize quick turnaround and response times, utilizing modern practices to ensure that your case progresses efficiently and effectively.
  • Flexible Meeting Options: We offer both in-person and virtual meetings to accommodate your needs and preferences, making it easy for you to stay informed and involved in your case.
  • Convenient Locations: Our offices in Lubbock, Midland, Abilene, and San Angelo make us easily accessible, ensuring that you have local support when you need it.

We are committed to standing by your side and fighting for your rights. Trust us to provide the dedicated representation you deserve.

Contact Keith & Lorfing today at (325) 225-0143 or contact us online to schedule a FREE consultation with our wrongful death attorney in Midland.

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With access to your very own legal team, a network of medical professionals, and clear direction on how to maximize your recovery, we take the pain and hassle out of the equation:

  • Step 1: Meet with our Legal Team – it’s free!
  • Step 2: Seek Medical treatment – we’ll help.
  • Step 3: Follow the checklist in your client portal.
  • Step 4: We’ll Make ‘Em Pay!
  • Step 5: Cash your check.

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Other Locations We Serve

As expert Midland personal injury attorneys, we cover the entirety of West Texas, including but not limited to:

Contact a Midland Wrongful Death Attorney Today!

When facing the devastating loss of a loved one due to negligence, securing experienced legal representation is a vital step. At Keith & Lorfing, our dedicated wrongful death attorneys are committed to providing compassionate and skilled support to help you through this difficult time.

Proving a wrongful death claim involves demonstrating that negligence occurred and led to the injuries resulting in death and damages. Your case will need to be meticulously prepared with solid evidence. Our skilled trial lawyer has over a decade of experience building strong legal cases and is widely respected for professional integrity.

Contact Keith & Lorfing today to schedule a FREE consultation with our wrongful death attorney in Midland. Call us at (325) 225-0143 or contact us online to learn how we can assist you.

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March 2023

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February 2020

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October 2022

We Are
West Texas Strong

Our attorneys come from humble beginnings and understand the value of hard work. Our fathers and grandfathers were farmers, mechanics, laborers, firefighters, and servicemen. These roots instill in us a deep commitment to serving the hardworking people of West Texas every day.

We have made a conscious choice to represent individuals and families, not corporations or the elite. We are dedicated to helping family-oriented West Texans striving to give their children a better life.

Often, this means standing up to big insurance companies trying to short-change you. Sometimes, it involves taking on powerful oil companies that attempt to intimidate our clients. No matter who the adversary is, our mission remains consistent: to level the playing field for people like you and me.

This dedication to justice for hardworking Texans drives every decision we make, every client we represent, and every case we pursue. We are committed to standing by your side and fighting for your rights.

Trey Keith

Founding Partner Meet Trey

“I will fight for the downtrodden and marginalized, against any entity. Because justice demands it.”

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Russell Lorfing

Founding Partner Meet Russell

“When the whole world stands against you, we stand up for you.”


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3 Things you’ll get With Keith & Lorfing

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