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Triple-Fatal Shooting in Midland, TX Claims Jeff Waugh Among Three Dead: Attorney911 Brings Ralph Manginello’s 27+ Years of Federal-Court Trial Practice to Negligent-Security and Wrongful-Death Claims in the Permian Basin, We Pursue the Property Owners and Management Companies Behind Inadequate Lighting, Access Control and Surveillance Where Oil-Boom Growth Has Strained Crime-Response Resources, Lupe Peña the Former Insurance-Defense Insider Who Knows How the Claims Machine Values and Denies These Cases, We Secure the Surveillance Footage and Police Calls-for-Service Records Before the DVR Overwrite Cycle Erases Them, Texas Wrongful Death and Survival Actions Turn on Foreseeability Through Prior-Crime Notice, the Firm Has Recovered Millions in Wrongful-Death Cases — Free 24/7 Consultation, No Fee Unless We Win, Hablamos Español, 1-888-ATTY-911

July 20, 2026 33 min read
Triple-Fatal Shooting in Midland, TX Claims Jeff Waugh Among Three Dead: Attorney911 Brings Ralph Manginello's 27+ Years of Federal-Court Trial Practice to Negligent-Security and Wrongful-Death Claims in the Permian Basin, We Pursue the Property Owners and Management Companies Behind Inadequate Lighting, Access Control and Surveillance Where Oil-Boom Growth Has Strained Crime-Response Resources, Lupe Peña the Former Insurance-Defense Insider Who Knows How the Claims Machine Values and Denies These Cases, We Secure the Surveillance Footage and Police Calls-for-Service Records Before the DVR Overwrite Cycle Erases Them, Texas Wrongful Death and Survival Actions Turn on Foreseeability Through Prior-Crime Notice, the Firm Has Recovered Millions in Wrongful-Death Cases — Free 24/7 Consultation, No Fee Unless We Win, Hablamos Español, 1-888-ATTY-911 - Attorney911

Three Lives Lost in Midland: What the Law Allows Families to Do Next

You are reading this because someone you love is gone — taken by gun violence in Midland, and the world has not yet caught up to what that means for your family. Three people died in this shooting. One has been publicly identified. The other two are still names waiting to be confirmed, families waiting to be notified, grief that has not yet found its full shape. We are not going to pretend we know exactly what happened, because the full story has not been released. What we know is this: when three people die by gunfire on or near property that someone owns, controls, and profits from, the law does not stop at the criminal investigation. There is a second system of accountability — civil — and it asks a different question: not just who pulled the trigger, but whether the property where this happened had ignored warning signs that this violence was coming, and whether reasonable security measures would have stopped it.

We are Attorney911 — The Manginello Law Firm, PLLC. We handle catastrophic injury and wrongful death claims in Texas, and we are writing this page for one purpose: to give the families affected by the Midland shooting the information they need right now — about their legal rights, the deadlines that are already running, and the evidence that is already disappearing — so they can make decisions before the window closes. Everything here is free, confidential, and costs nothing unless we win. Call us at 1-888-ATTY-911, any hour, any day.

What Happened in Midland, Texas

Three people are dead after a shooting in Midland, a city in the heart of the Permian Basin oil-and-gas region of West Texas. Family members have identified one of the victims. The specific location of the shooting — whether it occurred at an apartment complex, a bar or nightclub, a retail parking lot, a hotel, a private residence, or on a public street — has not been confirmed from the available reporting. That single fact, the premises type, is the most important unknown in determining what civil claims may exist, because it determines whether a property owner or manager owed a legal duty to protect the people on that property from foreseeable criminal violence.

What we can confirm: this is a triple-homicide shooting event. Three families are grieving simultaneously. Each decedent may have different legal beneficiaries — a spouse, children, parents — and each may have a separate claim with its own damages profile. The criminal investigation is being handled by Midland police, and that process will take months or longer. But the civil clock — the deadline to file a lawsuit — has already started running, and it is shorter than most people think.

The Civil Case the Criminal Investigation Does Not Cover

The criminal justice system asks: who committed this crime, and what prison sentence do they deserve? The civil justice system asks a different question entirely: did a property owner, manager, or security company fail in a duty to protect the people on that property from a danger they knew about — or should have known about — and would reasonable security measures have prevented three deaths?

These are not the same question. A shooter can be caught, tried, convicted, and sentenced to life, and the families may still recover nothing — because the shooter is almost never the entity with the insurance or the assets to compensate three families for a lifetime of loss. The civil case looks past the shooter to the property: the apartment complex that knew about prior violent incidents on its grounds and installed no cameras. The bar that served alcohol until 2 a.m. in a parking lot with no lighting, no guards, and a history of fights. The hotel that let its security cameras break and never replaced them. The retail center whose owner had been told by its own insurance company to add patrols and chose not to.

When a property owner knows — or should know — that violent crime is happening on or near its property, Texas law imposes a duty to take reasonable measures to protect the people it invites onto that property. That duty is the foundation of a negligent-security claim, and it is the civil avenue that can produce real compensation for families who have lost everything.

Texas Wrongful Death Law: Who Can File, What Can Be Recovered, and How Long You Have

Texas wrongful-death and survival actions are governed by the Texas Wrongful Death Act and the Texas Survival Statute. Here is what those laws mean for the families of the three people killed in Midland.

Who can file a wrongful death claim. Under Texas law, the surviving spouse, children, and parents of each decedent may bring a wrongful death claim. If none of those statutory beneficiaries file a claim within three months of the death, the executor or administrator of the decedent’s estate may file it — unless the surviving beneficiaries direct the executor not to. This means each of the three families may have different people with the right to sue, and the estate’s role depends on whether the statutory beneficiaries act first.

What can be recovered. A wrongful death claim compensates the surviving family members for the losses they suffered because of the death: the pecuniary (financial) loss of the decedent’s earning capacity and support, the loss of the decedent’s companionship and society, mental anguish, and loss of inheritance. A separate survival claim — brought by the estate — can recover for the decedent’s own pain and suffering experienced between the injury and death, medical expenses incurred before death, and funeral and burial costs. The survival claim passes to the estate’s beneficiaries, not to the statutory wrongful-death beneficiaries.

The deadline. Texas law gives surviving family members two years from the date of death to file a wrongful death lawsuit. This is not a soft deadline. It is a hard statutory bar. Miss it, and the case is over — no matter how strong the evidence, no matter how clear the negligence. There are limited exceptions (tolling for minors, for example), but the general rule is two years, and the safest approach is to assume the clock started the day your loved one died.

The Texas wrongful-death statute of limitations runs two years from the date of death. Texas follows a modified comparative-negligence rule with a 51% bar — a plaintiff is barred from recovery only if found 51% or more at fault. Punitive (exemplary) damages are available under Texas law where clear and convincing evidence shows malice or gross negligence, subject to a statutory cap tied to the ratio of punitive to compensatory damages.

Punitive damages. Texas allows punitive — called “exemplary” — damages in cases where the plaintiff proves by clear and convincing evidence that the defendant acted with malice or gross negligence. In a negligent-security context, this means showing the property owner knew about a severe, recurring danger and consciously ignored it — choosing to save money on security while knowing people were likely to be seriously hurt or killed. Punitive damages are subject to a statutory cap in Texas that limits them based on the amount of compensatory damages, but in a case with three wrongful deaths and strong foreseeability evidence, the exposure can be extraordinary.

No medical-malpractice caps. Texas’s damage caps on medical-malpractice cases do not apply to general negligence or premises-liability claims. This means the full range of compensatory damages — economic and non-economic — is available in a negligent-security wrongful-death case.

Negligent Security: When a Property Owner Is Liable for a Third Party’s Crime

Texas premises law requires a landowner to protect invitees — customers, tenants, guests — from foreseeable third-party criminal acts. The key word is foreseeable. A property owner is not an insurer of every person who sets foot on the property; it does not have to prevent every conceivable crime. But when the owner knows — or should know — that violent crime is occurring on or near the property with enough frequency and severity that a reasonable owner would take protective measures, the duty to act attaches.

How foreseeability is proven. In Texas, foreseeability in a negligent-security case is typically established through evidence of prior similar criminal incidents at or near the property. This is where the police calls-for-service record becomes the single most important document in the case. If Midland police had been called to the property repeatedly — for assaults, drug activity, weapons calls, domestic violence, burglaries, or other violent incidents — in the months and years before the shooting, that history puts the property owner on notice that violent crime was a foreseeable risk. The owner’s failure to respond to that notice with reasonable security measures — improved lighting, access control, surveillance cameras, security patrols, or crime-prevention-through-environmental-design modifications — is the breach of duty.

What “reasonable security” means. Reasonable security is not a one-size-fits-all standard. It depends on the property type, the nature and frequency of prior crime, the location, and what a reasonably prudent property owner in similar circumstances would do. For an apartment complex in a high-crime area with a history of violent calls for service, reasonable security might mean functioning access gates, operational surveillance cameras, adequate lighting in parking lots and common areas, and contracted security patrols. For a bar or nightclub with a history of fights and assaults in its parking lot, it might mean trained security staff, controlled exits, and lighting. For a hotel in an area with a history of criminal activity, it might mean keyed access, front-desk monitoring, and operational cameras in hallways and parking areas. The question is always what a careful owner would have done with what it knew.

The specific-location question in this case. Because the exact location of the Midland shooting has not been confirmed, the civil analysis depends on where the shooting occurred. If it happened on commercial property — an apartment complex, a bar, a hotel, a retail center, a parking garage — the property owner and any management company may be liable under a negligent-security theory. If it happened on a public street or sidewalk, the case against a property owner is harder, though not impossible if the shooter crossed from adjacent commercial property where inadequate security allowed the violence to begin or escalate. If it happened at a private residence, the path may be limited to claims against the shooter or other individuals involved. The premises-type determination is the first and most important investigative step.

Midland and the Permian Basin: Why This Place Matters to the Case

Midland sits in Midland County in the heart of the Permian Basin, the oil-and-gas production region that drives the economy of West Texas. The city is bisected by Interstate 20 and is part of the Midland-Odessa metropolitan corridor — a region that has experienced rapid population growth, transient workforce housing, and the crime-pressure patterns that follow oil-and-gas booms. Apartment complexes, extended-stay hotels, and commercial corridors along Loop 250 and Highway 191 have historically been focal points for property-crime and violent-crime calls for service.

In a negligent-security analysis, the specific incident address is mapped against prior police calls for service within a one-mile radius over the preceding 24 to 36 months. This crime-grid mapping is the backbone of foreseeability proof in Texas. A property owner who has received repeated police visits for violent incidents — and who has done nothing to improve security — is in a fundamentally different legal position from one who had no reason to anticipate violence. Midland’s oil-boom-driven population pressures mean that some properties in this market have experienced crime spikes that their owners saw coming and chose not to address.

Midland County jury pools tend to be conservative, but they are not hostile to premises-negligence claims when prior-incident notice is clearly demonstrated. The case that succeeds here is the one built on documented evidence — police calls, prior incidents, ignored complaints — not on sympathy alone. This is a community that respects proof.

The Defendant Structure: Who Is Actually Liable in a Negligent-Security Case

A negligent-security case rarely has one defendant. The typical stack includes the following:

The property owner. The entity that owns the building or land — often a single-asset LLC created to hold that one property and shield the owner’s other assets. Identifying the true owner requires pulling Midland County Appraisal District records and Texas Secretary of State filings to trace the ownership chain. The name on the sign is rarely the entity that holds the legal duty.

The property management company. If the owner contracted with a separate management company to operate the property, that company may have assumed the duty to maintain common areas, respond to security issues, and implement safety measures through its contractual obligations. The management company is often the entity that actually made (or failed to make) the day-to-day decisions about lighting, cameras, patrols, and access control.

The contracted security company. If the property had a security contractor — guards, patrols, monitoring — that company may be directly liable for negligent performance of its security duties: inadequate patrols, failure to monitor surveillance, failure to respond to prior incidents. The security contract itself is a discoverable document that defines what the company was supposed to do and what it actually did.

The shooter. The criminal actor is liable for assault and battery and wrongful death — but is almost always uncollectible. The shooter is named in the complaint for completeness and to establish the third-party criminal act element of the premises claim, but the recovery comes from the property-side defendants and their insurance.

The lessor or landlord. In a residential apartment setting, Texas landlords may bear a duty for common-area security where they retained control and had notice of foreseeable criminal activity in those areas. The Texas Property Code sets certain landlord-tenant obligations regarding security devices — deadbolts, door viewers, window locks — and violations of those requirements can serve as a standard-of-care breach under a negligence-per-se theory.

The Evidence Clock: What Exists, Who Holds It, and How Fast It Disappears

This is the section that determines whether a case can be won. Every item below is on a clock, and the clock is shorter than most families realize. The preservation letter — a formal written demand to the property owner and every related entity to freeze all relevant evidence — is the first thing that goes out the day a family calls us. Not next week. Not after the funeral. The day you call.

Surveillance footage. Cameras on the incident premises and on neighboring properties within 500 yards may have captured the shooter’s approach, entry, the duration of the event, and the escape. They also may show whether the property’s own cameras were operational, positioned, and monitored — or broken, pointed at nothing, and ignored. Most commercial DVR and NVR systems overwrite on a 7-to-30-day cycle. Neighboring residential doorbell cameras can overwrite in 24 to 72 hours. This is the fastest-dying evidence in the entire case.

Midland Police Department calls-for-service data. The single most important liability document. Calls-for-service records for the subject address and a one-mile radius covering 24 to 36 months before the incident establish foreseeability by showing the frequency, type, and severity of prior criminal activity. These must be requested through the Texas Public Information Act promptly. Police investigative files on the active homicide case will be withheld pending criminal prosecution, but calls-for-service data is separately obtainable and is the backbone of the foreseeability case.

The property owner’s internal records. Incident reports, security guard logs, tenant or customer complaints, and insurance loss runs are direct evidence of actual notice. These show whether the owner documented prior criminal events, whether tenants or patrons had complained about security, and whether the owner’s own insurance company had recommended security improvements that were ignored. Document retention policies vary, and spoliation risk increases the moment ownership anticipates litigation. A preservation letter must issue immediately.

Security system inspection and maintenance records. These establish whether security infrastructure existed, whether it was functional, and whether gaps in coverage contributed to the shooter’s ability to enter, act, and escape undetected. Property managers may repair or upgrade systems after an incident, altering the scene. The premises must be photographed and documented before any remediation.

Lighting measurements. Inadequate lighting is among the most common security-negligence allegations. Lux-level readings, compared against published security-lighting standards, provide objective proof of deficiency. Lighting conditions change through repairs, bulb replacement, or seasonal foliage growth. Measurements must be captured within days at the corresponding nighttime hour — the same time of night the shooting occurred.

Cell phone records. The records of the decedents and available witnesses may establish the timeline, communications immediately before the shooting, location data, and whether any decedent had expressed concern about the location’s safety. Carrier retention policies typically purge call-detail records after 90 to 180 days. Preservation letters to carriers must issue within weeks.

When evidence is destroyed after notice. If a property owner lets required evidence die after receiving a preservation letter — overwrites footage, shreds incident reports, alters the scene — the law answers. Texas spoliation doctrine allows the court to impose sanctions, including an adverse-inference instruction (the jury may assume the lost evidence was as bad as the plaintiff says it was). The bar for the harshest sanctions is high, but the leverage begins the moment the letter is on file. The preservation letter is not a formality. It is the foundation of the entire case.

The Insurance Adjuster’s Playbook: What They Will Try, and How to Counter It

If a commercial property is involved, its insurance company has already opened a file. The adjuster assigned to that file has one job: to minimize what the insurance company pays. Every move the adjuster makes is designed to reduce the value of the claim or eliminate it entirely. Here are the plays you will see — and the counter to each.

Play 1: The friendly “just checking in” call. Within days, someone friendly may call the family to “check on how you’re doing” and ask you to “just tell us what happened” — on a recording built to be quoted against you. The counter: do not give a recorded statement to any insurance company. Not now, not ever, without your lawyer present. Anything you say can be transcribed, taken out of context, and used to reduce or deny your claim. The only statement you owe them is the one your lawyer controls.

Play 2: The fast settlement check. A check may arrive quickly — before the funeral, before the medical bills are totaled, before anyone has had time to understand the full scope of the loss. It comes with a release — a document that, once signed, extinguishes the claim forever. The counter: never sign anything from an insurance company without having a lawyer read it first. A quick check is not generosity. It is a calculated move to buy the release of a claim worth far more than the check, before the family has had time to discover what the case is actually worth.

Play 3: The assault-and-battery exclusion. Many commercial general liability policies contain assault-and-battery exclusions — clauses that say the policy does not cover claims arising from assaults or batteries. The insurer’s first coverage move in a shooting case is often to invoke this exclusion and deny coverage. The counter: the exclusion does not end the analysis. A negligent-security claim is based on the property owner’s own negligence — the failure to provide adequate security — not on the intentional criminal act of the shooter. Whether the exclusion bars coverage for a negligent-security claim is a heavily litigated question that depends on the specific policy language, the jurisdiction’s interpretation, and how the claim is pleaded. This is not a fight to concede. It is a fight to win.

Play 4: The “crime is not foreseeable” defense. The insurer will argue the shooting was a random, unforeseeable act that the property owner could not have prevented. The counter: the calls-for-service record. If police were repeatedly called to the property for violent incidents, the crime was not random and it was not unforeseeable. The defense cannot argue against the documented history of the property itself.

Play 5: The “you were partly at fault” argument. The insurer may try to pin some percentage of fault on the decedents — arguing they were in a place they should not have been, or that they should have been more aware of danger. The counter: Texas’s 51% bar means the plaintiff is barred from recovery only if found 51% or more at fault. In a case where a property owner ignored repeated warnings and a third-party shooter committed the violence, pinning 51% of fault on the victims is an uphill battle the defense uses to reduce damages, not to eliminate the claim. Every percentage point they try to assign to the decedent is money, and we fight for every point.

What a Case Like This Is Worth: Damages in a Triple-Fatality Shooting

The value of a negligent-security wrongful-death case depends on four variables: the premises type and ownership structure, the volume and similarity of prior crime at the location, the collectibility of the property owner’s insurance and assets, and whether gross-negligence evidence supports a punitive claim. The range is extraordinarily wide because the outcome turns on facts not yet available.

At the low end. If the shooting occurred on a public street or at a private residence with no commercial defendant and no foreseeability evidence, the civil recovery may be limited to crime-victim compensation funds and any judgment against the shooter personally — which is likely uncollectible. In that scenario, the civil case may have limited value.

At the high end. If the shooting occurred at a commercial property — an apartment complex, a bar, a hotel, a retail center — with a deep-pocket ownership entity, documented prior similar violent incidents, and demonstrably inadequate security, three wrongful-death and three survival claims in a Midland County venue could produce aggregate settlement or verdict value in the eight-figure range.

How the number is built. Each decedent’s estate may pursue survival damages for pre-death pain and suffering, medical expenses, and funeral costs. Each decedent’s statutory wrongful-death beneficiaries — spouse, children, parents — may recover for the pecuniary loss of the decedent’s earning capacity and financial support, the loss of companionship and society, mental anguish, and loss of inheritance. A forensic economist projects each decedent’s lost earning capacity over their work-life expectancy, incorporating occupation, education, age, and Permian-Basin wage data — particularly relevant if any decedent worked in the oilfield sector, where compensation levels are elevated. The simultaneous prosecution of three wrongful-death and three survival claims against a single defendant or defendant group creates aggregate exposure that drives settlement leverage well above the value of any individual claim.

Punitive damages. If the evidence shows the property owner knew about a severe, recurring danger and consciously ignored it — spending nothing on security while collecting rent or revenue from a property it knew was dangerous — that is gross negligence under Texas law. Punitive damages are available, subject to the statutory cap, and the prior-incident notice evidence is exactly what is needed to meet the clear-and-convincing standard.

This page does not promise a result. Past results depend on the facts of each case and do not guarantee future outcomes. What we can tell you is that the law provides a path, and the path starts with evidence that is disappearing right now.

The First 72 Hours: What Families Should Do, and What We Handle

If your family has been affected by the Midland shooting, here is what matters most in the first 72 hours and the weeks immediately following.

Do not give a recorded statement to any insurance company. Not the property owner’s insurer, not any other insurer. If someone calls and says they “just want to ask a few questions,” say: “I am not giving a statement at this time. Please contact my attorney.” Then call us.

Do not sign anything. No release, no authorization, no paperwork from any insurance company or property owner. If someone hands you a document, do not sign it. Bring it to a lawyer first.

Do not post about the shooting on social media. Insurance companies monitor social media. A photograph, a comment, a check-in — anything posted can be screenshotted and used to undermine the claim. Grief is private; keep it that way until the case is resolved.

Do preserve what you can. If you have photographs of the location, texts or messages from your loved one, anything that documents the time, place, or circumstances — save it, back it up, and do not delete it. If there were witnesses, write down their names while you still have them.

What we handle. The preservation letter goes out the day you call — to the property owner, the management company, the security contractor, and every entity that may hold evidence. We demand they freeze surveillance footage, incident reports, security logs, maintenance records, and all relevant documents before the overwrite cycles destroy them. We serve Texas Public Information Act requests on Midland PD for calls-for-service data covering the subject address and a one-mile radius for at least 36 months. We identify the property’s ownership structure through Midland County Appraisal District and Texas Secretary of State records. We retain the experts — a board-certified security consultant, a forensic economist familiar with Permian-Basin wage data, a crime-forensics expert — who will build the case. We handle the criminal-court coordination so the family can focus on memorializing their loved one.

The deadline that is already running. Two years from the date of death. It sounds like a long time. It is not. Evidence disappears in days. The property may be sold, altered, or remediated. The police investigation takes months, and the civil case cannot wait for the criminal case to finish. The strongest cases are the ones where the preservation letter went out before the funeral, not after the insurance company called.

Frequently Asked Questions

Can I sue the property owner if my loved one was shot at an apartment complex, bar, or hotel in Midland?

Yes — if the property owner knew or should have known about prior violent crime at or near the property and failed to take reasonable security measures. This is a negligent-security claim under Texas premises-liability law. The key is foreseeability, which is proven through prior police calls for service and incident reports showing a pattern of violent crime the owner ignored. The specific location of the Midland shooting determines whether this claim exists, and identifying that location is the first investigative step.

How long do I have to file a wrongful death lawsuit in Texas?

Texas law gives surviving family members two years from the date of death to file a wrongful death lawsuit. This is a hard statutory deadline — missing it bars the claim forever, no matter how strong the evidence. There are limited tolling exceptions (for example, for minor beneficiaries), but the safest assumption is that the clock started the day your loved one died and runs for exactly two years.

Who is allowed to file a wrongful death claim in Texas?

The surviving spouse, children, and parents of the decedent may bring a wrongful death claim. If none of those statutory beneficiaries file within three months of the death, the executor or administrator of the decedent’s estate may file the claim — unless the surviving beneficiaries direct the executor not to. Each of the three families affected by the Midland shooting may have different beneficiaries, and each may have a separate claim with its own damages profile.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the surviving family members for the losses they suffered because of the death — lost financial support, lost companionship, mental anguish, loss of inheritance. A survival action is brought by the estate and compensates for the decedent’s own losses: pain and suffering experienced between the injury and death, medical expenses, and funeral costs. In a fatal shooting, both claims are typically pursued together, and each is a separate source of recovery.

What if the shooter is never caught? Can I still have a case?

Yes. The negligent-security claim is not against the shooter — it is against the property owner, manager, or security company that failed to protect against foreseeable criminal violence. The shooter’s identity, apprehension, or conviction is not required for the civil case. The shooter is named in the complaint to establish the third-party criminal act, but the recovery comes from the property-side defendants and their insurance, not from the shooter (who is typically uncollectible).

What if the property owner says the shooting was a random act they could not have predicted?

That is the defense’s argument in every negligent-security case. The answer is the calls-for-service record. If Midland police were called to the property repeatedly for violent incidents — assaults, weapons calls, drug activity, burglaries — the shooting was not random and it was not unforeseeable. The documented history of the property itself defeats the “random act” defense. This is why obtaining the police calls-for-service data is the single most important investigative step.

How much is a wrongful death case worth in a shooting like this?

The value depends on the premises type and ownership structure, the volume of prior crime at the location, the collectibility of the property owner’s insurance and assets, and whether gross-negligence evidence supports punitive damages. In a case involving three fatalities at a commercial property with documented prior crime and inadequate security, the aggregate exposure across three wrongful-death and three survival claims can reach into the eight-figure range. At the low end — if the shooting occurred on a public street with no commercial defendant — the recovery may be limited. Every case turns on its specific facts, and no lawyer can promise a specific result.

Does the insurance company have to cover a shooting on the property?

It depends on the policy. Many commercial general liability policies contain assault-and-battery exclusions that the insurer will invoke to deny coverage. However, a negligent-security claim is based on the property owner’s own negligence — the failure to provide adequate security — not on the intentional criminal act of the shooter. Whether the exclusion bars coverage for a negligent-security claim is a heavily litigated question that depends on the specific policy language and how the claim is pleaded. This is one of the most important fights in the case, and it is not a fight to concede without a lawyer who knows how to challenge it.

Will the criminal case affect my civil case?

The criminal and civil cases proceed on separate tracks. The criminal case — the prosecution of the shooter — does not have to finish before the civil case is filed. In fact, the civil deadline (two years from death) runs regardless of the criminal timeline, which can take months or years. The criminal investigation does produce evidence — police reports, witness statements, forensic findings — but much of that is not available to the civil side until the criminal case is resolved. The civil case builds its own evidence through preservation letters, public-records requests, and discovery. We coordinate with the criminal proceedings, but we do not wait for them.

How much does it cost to hire a lawyer for a wrongful death case?

We work on contingency. That means we do not get paid unless we win your case. The fee is 33.33% of the recovery before trial and 40% if the case goes to trial. The consultation is free. The first call costs nothing. We advance the costs of the investigation — the preservation letters, the public-records requests, the expert retention — and those costs are repaid from the recovery if we win. If we do not win, you owe us nothing. Hablamos Español — we serve your family fully in Spanish, from the first call to the final resolution.

Who We Are and Why This Work Is Different

Ralph P. Manginello is the Managing Partner of Attorney911 — The Manginello Law Firm, PLLC. He has been licensed in Texas since November 6, 1998 — 27 years of trial practice in Texas courtrooms, including federal court in the Southern District of Texas. Before he was a lawyer, Ralph was a journalist, which means he learned to find the story the documents tell before he learned to argue it to a jury. He handles catastrophic injury and wrongful death cases, and he signs his name under every word on this page because his bar license stands behind it. Read more about Ralph here.

Lupe Peña is an associate attorney at the firm. Before he joined our side of the table, Lupe spent years inside a national insurance-defense firm — the rooms where adjusters and their software decide how to deny, delay, and devalue claims from people exactly like the families reading this page. He knows how the insurance industry values claims, how it selects IME doctors, how it uses surveillance, and how it runs the delay tactics that wear families down. Now he uses that knowledge for injured clients. Lupe is fluent in Spanish and conducts full client consultations in Spanish without an interpreter — because the family that prays in Spanish deserves to understand every word of their case. Read more about Lupe here.

We are not the firm that promises a number before we have seen the evidence. We are the firm that sends the preservation letter before the funeral, that pulls the police calls-for-service before the insurance company knows we exist, and that builds the case the way a trial lawyer builds it — from the documents up, from the evidence out, from the law down. We have handled premises-liability and negligent-security cases for guests and patrons hurt or killed at commercial properties. We have litigated mass-shooting wrongful-death cases. The medicine of catastrophic injury, the corporate-accountability fight, the wrongful-death work — these do not change because the mechanism is a shooting. The case is built the same way: freeze the evidence, map the foreseeability, name every defendant in the stack, and prove what the property owner knew and chose to ignore.

Your Next Step

If your family has been affected by the Midland shooting — whether your loved one has been identified or you are still waiting for confirmation — the most important thing you can do right now is talk to a lawyer before the evidence disappears. Not next month. Not after the criminal case resolves. Now.

The call is free. The consultation is confidential. We do not get paid unless we win. Contact us or call 1-888-ATTY-911 — 24 hours a day, 7 days a week. A live person answers, not an answering service. Hablamos Español.

Three families are grieving in Midland tonight. The law cannot bring anyone back. What the law can do — what we do — is hold the people who could have prevented this accountable for what they failed to do, and make sure the families left behind have the resources to face the years ahead without the people they lost. That work starts with a phone call. That phone call starts now.

Past results depend on the facts of each case and do not guarantee future outcomes. This page is legal information, not legal advice. Contacting the firm is free and confidential.

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