After losing someone in Midland: wrongful death, your family's rights and finding a lawyer

Last checked November 8, 2026

We are sorry for your loss. In Texas, a wrongful death claim belongs to the surviving spouse, children and parents.1 It must generally be filed within 2 years of the death.2 If the City of Midland may be involved, the charter requires written notice within 60 days.3 Death certificates come from the County Clerk.4

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Road map of central Midland showing Loraine Street, home of the Midland County Clerk and the District Clerk
A Midland death claim against the city needs notice within 60 days. Map data © OpenStreetMap contributors.

What needs to happen first after a death in Midland?

There is no rush on most of this, and it is fine to take it one day at a time. A few things are easier if someone in the family, or a friend, starts them early.

  1. Ask for certified death certificates from the Midland County Clerk. The first copy is $21, and each more ordered at the same time is $4.4
  2. Apply in person Monday to Friday, 8 a.m. to 4:30 p.m., or by mail to P.O. Box 1350, Midland 79702.5 The Clerk is at 500 N. Loraine, 4th Floor, (432) 688-4401.6
  3. Immediate family and a legal agent or representative may apply.7 Mail-in requests need a notarized proof of identity.5
  4. Keep any letters from insurance companies in one folder, and ask a friend to help you read them.

How do families learn what happened in a Midland death?

The Midland County Medical Examiner's Office determines the cause and manner of death and orders autopsies when they are needed.8 It works with police and medical staff to gather records. You can reach the office at 301 S. Main St., Bldg. H, or 432-688-4795.9

If a crash took your loved one, the report is available to people directly concerned. Call Midland Police Records at (432) 685-7145.1011 For a trooper's report, TxDOT holds the record and charges $6, or $8 for a certified copy.1213 If the medical care came through Midland Health, a written request goes to its Release of Information office.14

Too many families here have gone through this. In 2025, Midland County lost 45 people on its roads, and 11 of them died in crashes with commercial vehicles.1516 The 2025 county figures show 22 deaths on US and state highways.17

Who can file a wrongful death claim in Midland?

WhoWhat the law allows
Surviving spouse, children and parentsThe claim belongs to them. One can file for all.1
Executor or administratorIf the family has not filed within three months, this person must file unless all of them ask not to.18
Heirs, legal representatives and estateThe injury claim the person had before dying passes to them.19

Brothers and sisters are not named in that list. If your family does not fit it neatly, a lawyer can walk you through it.

Estate questions go through the County Clerk's probate office, at 500 N. Loraine, 4th Floor, 432-688-4402.20 A lawsuit would be filed with the District Clerk, Suite 300 in the same building, 432-688-4500.2122

When is a death in Midland a wrongful death?

A person or company can be sued when a wrongful act or carelessness by them or their workers caused the death.23 That covers more than car crashes. It can include an oilfield accident, a truck wreck or a dangerous property. In a death from a truck crash, company records can disappear in six months, so a request to save them should go out early.24

Extra damages meant to punish may be available if the death came from a willful act or gross negligence.25 No one can promise how a claim will turn out. Texas also bars recovery when a person is more than 50% at fault, and an insurer may try to argue that about someone who cannot answer back.26

What if my family member died at work in Midland?

Workers' comp has death benefits, and they come with deadlines of their own. The Office of Injured Employee Counsel helps families of workers who die on the job, at no cost.27 Its Midland Field Office is at 4500 West Illinois Avenue, Suite 315, and the number is 866-393-6432.2829

If the employer has no comp, or if another company caused the death, a separate claim may exist. Our Midland work injury page walks through those differences.

Does a 60-day notice apply to a wrongful death in Midland?

It can, and it is the one deadline here that does not wait for grief. The city charter applies to accidental death, and it names survivors in a death claim.3 If a city vehicle, street or worker may have played a part, written, verified notice must reach the mayor and city council within 60 days.30 A friend or lawyer can do this for you. Send a copy to Risk Management, PO Box 1152, Midland 79702.31

Other public agencies generally have a six-month notice.32 If a crime was involved, the Midland County District Attorney's Victim Assistance Division helps relatives of deceased victims, at 432-688-4411.3334

What should a family ask a wrongful death lawyer in Midland?

  • Who in our family should be named in the claim?
  • Is there any public agency that needs notice right now?
  • How do you keep families informed, and who do we call?
  • How are fees and costs handled if there is no recovery?

Questions

How long do we have to file a wrongful death lawsuit in Midland?

Generally 2 years from the date of death.2 Survivors with a claim against the City of Midland must give written notice within 60 days.3

Who can file a wrongful death claim in Texas?

The surviving spouse, children and parents.1

Where do I get a death certificate in Midland?

From the Midland County Clerk, 500 N. Loraine, 4th Floor.6 The first copy is $21.4

Who determines the cause of death in Midland County?

The Midland County Medical Examiner's Office, 432-688-4795.89

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Midland

Wrongful death

Texas

Sources

  1. Tex. Civ. Prac. & Rem. Code § 71.004(a)-(b), checked 2026-11-08. “An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. (b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.”
  2. Tex. Civ. Prac. & Rem. Code § 16.003(b), checked 2026-11-08. “A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”
  3. City of Midland Charter, checked 2026-11-08. “the claimants or survivors in a death claim”
  4. Midland County Clerk, Birth or Death Certificate, checked 2026-11-08. “$21 for the 1st copy and $4 for each additional copy ordered at the same time”
  5. Midland County Clerk, Birth or Death Certificate, checked 2026-11-08. “We process application in the office Monday - Friday 8 AM - 4:30PM”
  6. Midland County Clerk, Verification application, checked 2026-11-08. “500 N. Loraine, 4th Floor, Midland, TX 79701”
  7. Midland County Clerk, Birth or Death Certificate, checked 2026-11-08. “Immediate family member by blood, marriage or adoption”
  8. Midland County, Office of the Medical Examiner, checked 2026-11-08. “plays a critical role in determining the cause and manner of death”
  9. Midland County, Office of the Medical Examiner, checked 2026-11-08. “432-688-4795”
  10. Midland Police Department, Request A Police Report, checked 2026-11-08. “MPD Records Phone: (432) 685-7145 Address: 601 N. Loraine”
  11. TxDOT, Crash reports and records, checked 2026-11-08. “to any person directly concerned in the accident or having proper interest therein”
  12. TxDOT, Crash reports and records, checked 2026-11-08. “TxDOT is the custodian of crash records for the state of Texas”
  13. TxDOT, Crash reports and records, checked 2026-11-08. “$6 for a regular copy. $8 for a certified copy”
  14. Midland Health, Medical Records, checked 2026-11-08. “Release of Information should provide an answer in 5 working days”
  15. TxDOT, 2025 Crashes and Injuries by County, checked 2026-11-08. “Midland 44 45 125 150 620 909 473 752 2,763 8,212 186 559 4,211”
  16. TxDOT, 2025 CMV Involved Crashes and Injuries by County, checked 2026-11-08. “Midland 11 11 15 19 70 96 43 67 392 1,088 5 37 536”
  17. TxDOT, Fatal crashes by county and road type, 2025, checked 2026-11-08. “Midland 10 11 22 22 3 3 4 4 4 4 0 0 1 1 0 0 44 45”
  18. Tex. Civ. Prac. & Rem. Code § 71.004(c), checked 2026-11-08. “If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.”
  19. Tex. Civ. Prac. & Rem. Code § 71.021(b), checked 2026-11-08. “A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person.”
  20. Midland County, Staff Directory, checked 2026-11-08. “432-688-4402”
  21. Midland County, District Clerk, checked 2026-11-08. “serious personal injury”
  22. Midland County, Staff Directory, checked 2026-11-08. “Suite Number 300”
  23. Tex. Civ. Prac. & Rem. Code § 71.002(b), checked 2026-11-08. “A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.”
  24. 49 C.F.R. § 395.8(k)(1), checked 2026-11-08. “A motor carrier shall retain records of duty status and supporting documents required under this part for each of its drivers for a period of not less than 6 months from the date of receipt.”
  25. Tex. Civ. Prac. & Rem. Code § 71.009, checked 2026-11-08. “When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.”
  26. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  27. OIEC, Ombudsman Services, checked 2026-11-08. “beneficiaries in the case of a work-related death”
  28. OIEC, Offices, checked 2026-11-08. “Midland Field Office 4500 West Illinois Avenue, Suite 315”
  29. OIEC, Offices, checked 2026-11-08. “866-393-6432”
  30. City of Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”
  31. City of Midland, Process for Filing a Claim, checked 2026-11-08. “Risk Management Division City of Midland PO Box 1152 Midland, TX 79702”
  32. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  33. Midland County DA, Victims Assistance, checked 2026-11-08. “to the relatives of deceased victims”
  34. Midland County, Staff Directory, checked 2026-11-08. “432-688-4411”

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