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Wrongful Death

Losing someone you love because of another person's carelessness is a grief no family should have to face. While you grieve, the bills keep coming, and the people responsible and their insurers are already protecting themselves. The team at Borland Phiffer Law helps families across Midland and West Texas understand their rights, find the truth about what happened, and hold the responsible people and companies accountable.

workplace injury
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Nothing can replace the person you lost. The law can still hold those responsible accountable.

By the Numbers

Many families lose someone to an injury that should never have happened.
• Since 2000, unintentional injuries have been the leading cause of death for Texans ages 1 to 44. (Texas Department of State Health Services)
• In 2024, 557 people died from work injuries in Texas, including 77 from falls, slips, and trips. (U.S. Bureau of Labor Statistics)
• In 2024, 48,308 people in the United States died from unintentional falls. (Centers for Disease Control and Prevention, National Center for Health Statistics)
• In 2022 and 2023, an average of 61 Texas children died each year from unintentional drowning. (Texas Department of State Health Services, State Child Fatality Review Team Committee)

Common Causes

• Car, truck, and motorcycle wrecks
• Drunk driving
• Oilfield, construction, and other workplace incidents
• Electrocutions
• Defective products
• Falls, drownings, and other dangers on unsafe property

Protecting Your Rights

• Take the time you need, but talk with a lawyer early. Evidence and deadlines do not wait.
• Do not sign anything from an insurance company before you understand your rights.
• Keep the crash or incident report, medical bills, funeral bills, and any letters you receive.
• Write down names of witnesses and anyone who contacted the family about the incident.

Holding Those Responsible Accountable

We handle the investigation, the insurance companies, and the legal work so your family can focus on each other. We preserve the evidence, work with experts to show exactly what happened and why, and gather the information that shows who your loved one was and what the family has lost. In Texas, a wrongful death claim may be brought by the surviving spouse, children, and parents. A separate survival claim may recover the losses your loved one suffered before death. (Tex. Civ. Prac. & Rem. Code §§ 71.004, 71.021)

What Compensation Can Cover

Depending on the facts, a claim may include:
• Lost financial support and household services
• Loss of companionship, love, and guidance
• Mental anguish suffered by the family
• Funeral and burial expenses
• Medical expenses and the pain your loved one suffered before death

Common Questions

Who can bring a wrongful death claim in Texas?
The surviving spouse, children, and parents of the person who died. In some situations, the estate's representative may bring the claim.

How long does the family have?
Most wrongful death claims in Texas must be filed within two years of the death, and some deadlines are shorter, especially when a government entity is involved.

What if the person who died was partly at fault?
Under Texas law, if the person who died is found more than 50 percent at fault, the family cannot recover. If that share is 50 percent or less, the family can still recover, but the recovery is reduced by that percentage.

Does it cost anything to talk with you?
No. The consultation is free, and there is no obligation.

Attorneys 

Misty Borland Phiffer

Founding and Firm Managing Attorney

Misty Borland Phiffer

Misty Borland Phiffer is an experienced personal injury and wrongful death litigation attorney.

Laura A. Nodolf

Of Counsel

Laura A. Nodolf

Laura A. Nodolf joined Borland Phiffer Law PLLC, Of Counsel and brings over 21 years of trial experience to this established team. 

TESTIMONIALS

Very professional law firm; set clearly expectations with no hassle, no hidden fee; care about the customer more than themselves; use their best efforts to fight the most.

Prisila P.

I highly recommend this firm because of the excellent work they provide to your case and the attention to the clients.

Nuvia R.

The best law firm ever! Not only deals with drama but also contributes to the community. Thank you once again.

A.S.

Highly recommend. Misty is absolutely amazing

Lydia D.

Misty is great. She's a boxer with velvet gloves. She'll fight for you.Misty is great. She's a boxer with velvet gloves. She'll fight for you.

Jeff G.

God forbid it ever happen again but if it were to happen again these would be the first people I call. Very diligent in there work to get you what you deserve. I’m very satisfied with there work very nice people that’s here to help. Very knowledgeable approachable good people to work with they made the experience so much easier. Your work work An efforts don’t go unnoticed

Adrian P.

Want a lawyer that fights for you when you can't fight for yourself? Call Misty Borland Phiffer. I would recommend Misty in fact any time I need a lawyer I call Misty to see if she can help with what I have need of.

Shelby D.

They're the best in town! Excellent group of people, welcoming, professional, and they go above and beyond to make you feel important.

Martin G.

Very professional law firm; set clearly expectations with no hassle, no hidden fee; care about the customer more than themselves; use their best efforts to fight the most.

Prisila P.

Your form will be sent directly to the team at Borland Phiffer Law. You are also more than welcome to reachout to us at any time! 

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