Losing a family member to someone else’s negligence is one of the most devastating experiences a person can face. The grief is real, the financial pressure is immediate, and the legal questions can feel overwhelming. At Gustin Law Firm, with our principal office in Houston, Texas, we work with families in Pasadena and the surrounding Houston area who have lost loved ones due to another party’s wrongful conduct. Attorney Gustin and the team are committed to helping families understand their rights under Texas law and pursue the compensation they deserve. This page is prepared by Gustin Law Firm to provide general information about wrongful death claims in Texas and does not constitute legal advice for any specific case.

Table of Contents

• What Is a Wrongful Death Claim Under Texas Law?
• Who Can File a Wrongful Death Lawsuit in Pasadena, Texas?
• Common Causes of Wrongful Death in Pasadena and the Houston Area
• Damages Available in a Texas Wrongful Death Case
• The Filing Deadline for Wrongful Death Claims in Texas
• Why Pasadena Families Choose Gustin Law Firm
• FAQs About Pasadena Wrongful Death Claims

What Is a Wrongful Death Claim Under Texas Law?

Texas law gives surviving family members the right to sue when a loved one dies because of another person’s wrongful act, negligence, carelessness, or default. This right comes directly from Texas Civil Practice and Remedies Code Chapter 71, the state’s Wrongful Death Act. Under Section 71.002, a person is liable for damages arising from an injury that causes an individual’s death if that injury was caused by the person’s or their agent’s wrongful act, neglect, carelessness, unskillfulness, or default. That covers a wide range of situations, from fatal car accidents on State Highway 225 near the Pasadena Refinery Row corridor to deadly slip and falls at a Pasadena shopping center, to fatal crashes caused by drunk drivers on Fairmont Parkway.

A wrongful death claim is a civil lawsuit, not a criminal case. The standard of proof is lower than in a criminal prosecution. You do not need a conviction to win a wrongful death case. You need to show, by a preponderance of the evidence, that the defendant’s conduct caused your loved one’s death. That means proving it is more likely than not that the defendant was at fault. This distinction matters because a defendant can be found not guilty in a criminal case and still be held liable in a civil wrongful death action.

The Texas Wrongful Death Act applies whether the fatal injury happened inside or outside Texas, under Section 71.003. It also applies if the injured person would have had the right to bring a personal injury lawsuit had they survived. Working with a personal injury lawyer who understands Texas’s wrongful death framework is critical from the very start of your case. Gustin Law Firm handles these cases on a contingency-fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. However, please note that court costs and other litigation expenses may be deducted from any gross recovery.

Who Can File a Wrongful Death Lawsuit in Pasadena, Texas?

Texas law is specific about who has the right to bring a wrongful death claim. Under Texas Civil Practice and Remedies Code Section 71.004, the action is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. Siblings do not have standing to file under the Wrongful Death Act, regardless of how close the relationship was. One or more of those eligible family members can file on behalf of all beneficiaries, or they can file together.

What happens if none of those family members file within three months of the death? Section 71.004(c) answers that question directly. If the eligible individuals have not started the action within three calendar months after the death, the executor or administrator of the deceased’s estate must bring and prosecute the action, unless all eligible family members request that no action be filed. This provision exists to protect the rights of beneficiaries who may be too grief-stricken or overwhelmed to act quickly.

It is also worth noting that under Section 71.021, Texas law recognizes a separate survival claim. A survival action allows the estate of the deceased to recover damages the person suffered between the time of the injury and the time of death. This includes things like medical bills, pain and suffering, and lost wages during that period. A wrongful death claim and a survival claim are two different legal actions, and in many cases both can be pursued at the same time. Families in Pasadena who live near the busy industrial corridors along Spencer Highway or the Port of Houston area face unique risks from heavy commercial traffic, and these types of cases often involve both claims simultaneously.

Common Causes of Wrongful Death in Pasadena and the Houston Area

Pasadena sits in the heart of the Houston Ship Channel industrial zone, one of the most active petrochemical and refining regions in the country. That geography creates real and serious risks. Fatal accidents happen in this community in many different ways, and each one carries the potential for a wrongful death claim if another party’s negligence was a factor.

Traffic fatalities are among the most common causes. The Texas Department of Transportation’s crash data shows that Pasadena experienced 16 fatal accidents resulting in 19 deaths in a recent reporting period covering 2023 through mid-2024, based on data from the TxDOT Crash Records Information System. Roads like East Sam Houston Parkway, Allen Genoa Road, and State Highway 225 see heavy volumes of both passenger and commercial traffic daily. Fatal pedestrian accidents, drunk driving crashes, truck collisions, and hit-and-run incidents all occur in this area with tragic regularity.

Beyond traffic accidents, wrongful deaths in Pasadena also arise from premises liability incidents, including fatal falls at apartment complexes and retail locations, swimming pool drownings, negligent security situations, and workplace accidents at industrial facilities. Fatal injuries caused by catastrophic trauma, such as traumatic brain injuries, spinal cord damage, severe burns, or amputations, often become the basis of wrongful death claims when the victim does not survive. Each situation is different, and the legal theory used to establish liability depends on the specific facts of the case. Gustin Law Firm evaluates each case individually to identify all potentially liable parties and all available sources of compensation.

Damages Available in a Texas Wrongful Death Case

Texas law allows surviving family members to recover both economic and noneconomic damages in a wrongful death case. Under Texas Civil Practice and Remedies Code Section 41.001, economic damages are those intended to compensate for actual financial losses, while noneconomic damages compensate for losses like mental anguish, loss of companionship, and loss of consortium. Both categories of damages can be significant in a wrongful death case.

Economic damages in a wrongful death claim typically include the loss of the financial support the deceased would have provided, the loss of services and household contributions, loss of inheritance, and funeral and burial expenses. Noneconomic damages include the mental anguish suffered by surviving family members, the loss of companionship and society, and the loss of the guidance and care the deceased would have provided. These losses are real, even when they are harder to assign a dollar value to.

Texas also allows exemplary damages, sometimes called punitive damages, in wrongful death cases. Under Section 71.009 of the Texas Civil Practice and Remedies Code, when a death is caused by a willful act, omission, or gross negligence, the family can seek exemplary damages in addition to actual damages. Section 41.001 defines gross negligence as an act or omission that, viewed objectively from the standpoint of the actor, involves an extreme degree of risk, and of which the actor had actual, subjective awareness but proceeded with conscious indifference to the rights, safety, or welfare of others. Under Section 41.008, exemplary damages generally cannot exceed two times the amount of economic damages plus noneconomic damages up to $750,000, though exceptions exist for conduct that constitutes certain felonies, including intoxication manslaughter under Penal Code Section 49.08. Under Section 71.011, damages recovered in a wrongful death action are not subject to the debts of the deceased, meaning the recovery goes to the family, not to creditors.

The Filing Deadline for Wrongful Death Claims in Texas

Time is one of the most critical factors in any wrongful death case. Under Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for a wrongful death claim is two years from the date of the deceased person’s death, not the date of the accident or injury that caused the death. Miss that deadline, and a court will almost certainly dismiss the case, no matter how strong the evidence is.

There are limited exceptions that can extend or pause the two-year clock. If the person bringing the claim is a minor child, the statute of limitations generally does not begin to run until the child turns 18, though a parent or guardian can file on the child’s behalf before then. If the negligence was fraudulently concealed, the clock may not start until the family discovers or reasonably should have discovered the concealment. If a family member was physically or mentally incapacitated at the time of the death, the limitations period may be paused until that person regains capacity.

Even with two years on the clock, waiting is risky. Surveillance footage from intersections near Pasadena landmarks like Strawberry Park or the Pasadena Town Square Mall gets overwritten. Witnesses move or forget details. Physical evidence disappears. The sooner your family contacts Gustin Law Firm after a fatal accident, the better positioned your case will be. Our team can begin gathering evidence, identifying witnesses, and building your claim while the facts are still fresh. Cases handled on a contingency-fee basis mean no upfront cost to you. Court costs and litigation expenses are advanced by the firm and deducted from any gross recovery obtained.

Why Pasadena Families Choose Gustin Law Firm

Gustin Law Firm is based in Houston, Texas, and serves families throughout the greater Houston area, including Pasadena, Deer Park, La Porte, Baytown, and Harris County. We understand the roads, the industrial environment, and the courts that handle these cases. Cases filed in Harris County are typically heard at the Harris County Civil Courthouse on Congress Avenue in downtown Houston, and our team knows that system well.

We take wrongful death cases on a contingency-fee basis. You pay no attorney’s fees unless we recover compensation for you. Court costs and other litigation expenses are advanced by the firm and deducted from any gross recovery at the conclusion of the case. We believe that every family, regardless of financial situation, deserves skilled legal representation when they lose a loved one to someone else’s negligence.

Our approach is direct and personal. We communicate with our clients, keep them informed, and treat every case with the seriousness it deserves. Losing a family member changes everything. The financial pressure of lost income, medical bills, and funeral costs hits fast. You should not have to face an insurance company or a negligent defendant alone. If your family has lost someone in Pasadena or anywhere in the Houston area due to another party’s wrongful conduct, call Gustin Law Firm today for a free consultation. Attorney Gustin and the team are ready to listen, evaluate your case, and tell you honestly what your legal options are.

FAQs About Pasadena Wrongful Death Claims

Can I file a wrongful death claim if the at-fault driver was also charged with a crime?

Yes. A civil wrongful death lawsuit is completely separate from any criminal case. A criminal charge or conviction is not required for you to pursue a wrongful death claim. The standard of proof in a civil case is lower than in a criminal case. Even if the driver is acquitted or charges are dropped, your family can still pursue compensation through a civil lawsuit. In fact, if the death was caused by conduct that constitutes a crime like intoxication manslaughter under Texas Penal Code Section 49.08, you may also be eligible to seek exemplary damages under Texas Civil Practice and Remedies Code Section 41.008.

What if the person responsible for the death also died in the same accident?

Texas law addresses this directly. Under Texas Civil Practice and Remedies Code Section 71.008, if the defendant dies before or during the lawsuit, the executor or administrator of the defendant’s estate can be substituted as the defendant, and the case continues as if the defendant were still alive. Any judgment in favor of the plaintiff is then paid out of the defendant’s estate in the normal course of administration. This means a wrongful death claim is not automatically lost just because the at-fault party is also deceased.

How is wrongful death compensation divided among family members?

Under Texas Civil Practice and Remedies Code Section 71.010, the jury decides both the total amount of damages and how those damages are divided among the eligible beneficiaries. The jury apportions the award in shares it finds proportionate to each person’s loss. For example, a surviving spouse and two children may each receive different amounts based on the nature of their individual relationships with the deceased and the losses each person suffered. The damages are not automatically split equally.

Does it matter if my loved one was partially at fault for the accident that caused their death?

Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001. If your loved one was partially at fault, the total damages awarded can be reduced by their percentage of fault. However, if your loved one is found to be 51% or more at fault, the family is barred from recovering any damages. For example, if a jury awards $1,000,000 but finds the deceased was 20% at fault, the recovery would be reduced to $800,000. This is why a thorough investigation into the cause of the accident matters so much from the very beginning of the case.

How long does a wrongful death case in Texas typically take to resolve?

The timeline varies widely depending on the facts of the case, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve within several months through settlement negotiations. Others, particularly those involving complex liability questions, multiple defendants, or disputes over damages, can take one to two years or longer. Cases involving industrial accidents near the Pasadena Ship Channel area, for instance, may require extensive expert testimony and discovery. Gustin Law Firm works to resolve cases as efficiently as possible while still pursuing the full compensation your family deserves.

More Resources About Catastrophic & Serious Injuries

• Pasadena Traumatic Brain Injury Lawyer
• Pasadena Spinal Cord Injury Lawyer
• Pasadena Burn Injury Lawyer