Pearland Wrongful Death Lawyer

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Pearland Wrongful Death Lawyer

Losing someone you love is devastating enough on its own. When that loss happens because another person acted carelessly, recklessly, or with complete disregard for human life, the grief is compounded by something else: the knowledge that it did not have to happen. Families in Pearland and throughout the greater Houston area who find themselves in this situation have legal rights under Texas law, and Gustin Law Firm is here to help them exercise those rights. With a principal office in Houston, Texas, our firm has recovered over $50 million for injured clients and their families, and we take wrongful death cases seriously from the very first call.

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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 someone else’s wrongful act, neglect, carelessness, or default. This right comes from Chapter 71 of the Texas Civil Practice and Remedies Code, which is the foundation of all wrongful death claims in the state. Under Section 71.002, liability attaches when a person’s wrongful act or the act of their agent or servant causes another individual’s death. That covers a wide range of situations, from a distracted driver running a red light on Highway 288 near Pearland to a property owner who ignored a known hazard at a local business along Broadway Street.

The law is specific about who can bring a wrongful death claim. Under Texas Civil Practice and Remedies Code Section 71.004, only the surviving spouse, children, and parents of the deceased are eligible to file. Siblings, grandparents, and other relatives generally do not have legal standing, no matter how close the relationship was. If none of those eligible family members file within three calendar months of the death, the deceased’s executor or administrator must bring the action on their behalf, unless all eligible family members request otherwise.

It is also worth understanding the difference between a wrongful death claim and a survival action. Under Section 71.021, a personal injury cause of action survives the death of the injured person. This means the estate can pursue compensation for damages the deceased experienced between the time of injury and death, such as medical bills, pain, and suffering. A wrongful death claim, by contrast, compensates the surviving family members for their own losses. Both claims can often be pursued at the same time, and doing so can significantly increase the total recovery for the family.

If you lost a loved one in Pearland or anywhere in the Houston area and believe another party was at fault, speaking with a personal injury lawyer at Gustin Law Firm is the right first step. We will review your situation at no charge and tell you honestly what your options are.

Common Causes of Wrongful Death in the Pearland Area

Pearland sits along some of the busiest corridors in the Houston metro area. State Highway 288, Beltway 8, and FM 518 see heavy daily traffic from commuters, commercial trucks, and rideshare vehicles. That traffic volume creates real danger. Harris County recorded 579 traffic fatalities in 2024 according to the Texas Department of Transportation, marking a dangerous year on Houston area roadways. Fatal crashes involving distracted drivers, drunk drivers, and large commercial trucks are among the most common causes of wrongful death claims our firm handles for Pearland families.

Car and truck accidents are not the only source of these tragedies. Fatal premises liability incidents happen when property owners fail to maintain safe conditions at apartment complexes, grocery stores, parking lots, and swimming pools throughout the Pearland area. Workplace accidents are another serious concern, particularly for workers in the industrial and petrochemical sectors near the Texas Medical Center and the broader Brazoria County area. Defective products, medical errors, and negligent security at commercial properties also lead to preventable deaths every year.

When a death involves a commercial truck on a route through Pearland or a drunk driver who caused a collision near Shadow Creek Ranch, the responsible parties often have significant insurance coverage and legal teams working to minimize their exposure. That is why families need an experienced legal advocate in their corner from the start. Gustin Law Firm investigates every case thoroughly, identifies all liable parties, and builds the strongest possible claim on behalf of the family.

The type of incident that caused your loved one’s death matters because it shapes the legal theory, the evidence needed, and the parties who can be held responsible. Whether the death resulted from a fatal car accident, a catastrophic injury at a worksite, or a negligent act on someone’s property, the core legal question is the same: did someone’s failure to act reasonably cause this death? If the answer is yes, Texas law provides a path to accountability.

What Damages Can Pearland Families Recover?

Texas wrongful death law allows surviving family members to seek both economic and non-economic damages. Economic damages include things like the deceased’s lost future earnings, the loss of financial support they would have provided, medical expenses incurred before death, and funeral and burial costs. Non-economic damages cover the emotional and relational losses that cannot be reduced to a receipt, including loss of companionship, loss of care and guidance, and the mental anguish the surviving family members have suffered.

Under Texas Civil Practice and Remedies Code Section 71.010, the jury determines the total damages and then divides them among the eligible family members in proportionate shares based on each person’s individual loss. This means a surviving spouse’s share may differ from that of a surviving child, and the jury decides those proportions based on the evidence presented at trial.

Texas law also allows for exemplary damages, which are sometimes called punitive damages, in certain wrongful death cases. Under Section 71.009, when a death is caused by a willful act, omission, or gross negligence, the family can seek exemplary damages on top of actual damages. These are meant to punish especially reckless or intentional conduct and to deter similar behavior in the future. Under Chapter 41 of the Texas Civil Practice and Remedies Code, exemplary damages are subject to caps in most cases, but they can still represent a meaningful additional recovery for the family.

One important protection under Texas law is found in Section 71.011: damages recovered in a wrongful death action are not subject to the debts of the deceased. That means creditors cannot reach the compensation awarded to surviving family members. The recovery belongs to the family, not to the estate’s creditors. At Gustin Law Firm, we handle all wrongful death cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover for you. Court costs and litigation expenses are also addressed as part of the fee arrangement, which we explain clearly at the start of your case.

The Deadline to File a Wrongful Death Claim in Texas

Time is one of the most critical factors in a wrongful death case. Under Texas Civil Practice and Remedies Code Section 16.003, wrongful death claims must be filed within two years of the date of death, not the date of the incident that caused the death. This distinction matters because sometimes there can be a gap between when an accident occurs and when death results from those injuries. If your loved one was hurt in a collision on the Sam Houston Tollway and passed away weeks later from those injuries, the two-year clock starts on the date of death, not the date of the crash.

Missing this deadline almost always means losing the right to pursue compensation entirely. Texas courts strictly enforce the two-year statute of limitations. If a lawsuit is filed after this period expires, the defendant may request that the court dismiss the case, and courts often grant this request without reviewing the merits of the underlying claim. That outcome is devastating for families who waited too long, often because they were grieving and did not know the clock was running.

There are limited exceptions that can pause or extend the deadline. If a minor child loses a parent, the statute of limitations may pause until the child turns 18, but this tolling applies only to the child’s claim. Other eligible family members, such as a surviving spouse, must still file within the standard two-year period. Claims against a government entity, such as a city vehicle or a public facility in Pearland, may involve even shorter notice deadlines under the Texas Tort Claims Act, sometimes requiring written notice within six months of the incident.

The safest approach is to contact Gustin Law Firm as soon as possible after your loved one’s death. Early action preserves evidence, secures witness testimony, and gives your legal team the time needed to build a thorough case. Call us today at (713) 491-4792 for a free consultation.

Why Pearland Families Choose Gustin Law Firm

Gustin Law Firm is a Houston-based personal injury firm that handles wrongful death claims for families in Pearland, Brazoria County, and throughout the greater Houston area. Our firm has recovered over $50 million for clients, and we understand the weight of what a wrongful death case means to a family. This is not just a legal matter. It is about holding the right people accountable and making sure your family has the financial stability to move forward.

We handle wrongful death cases involving car accidents, truck accidents, motorcycle accidents, pedestrian fatalities, premises liability deaths, and more. When a family comes to us after losing someone near Pearland Town Center, along Cullen Boulevard, or anywhere in Brazoria or Harris County, we treat their case with the attention and urgency it deserves. We investigate the scene, gather evidence, work with experts, and deal directly with insurance companies so the family can focus on healing.

Our contingency fee arrangement means there are no upfront costs to hire us. You pay no attorney’s fees unless we recover compensation for you. We will discuss the fee percentage and how litigation expenses are handled during your free consultation, so you understand exactly how the process works before you commit to anything. Transparency matters to us, and we believe families deserve straightforward answers during one of the hardest times of their lives.

Attorney content on this page is the responsibility of Gustin Law Firm, with principal office in Houston, Texas. Past results do not guarantee a similar outcome in your case. If you are ready to talk to our team, call (713) 491-4792 or reach out online. We are available to meet with Pearland families at a time that works for you.

FAQs About Pearland Wrongful Death Lawyer

Who can file a wrongful death lawsuit in Texas?

Under Texas Civil Practice and Remedies Code Section 71.004, only the surviving spouse, children, and parents of the deceased are eligible to file a wrongful death claim. Siblings and other relatives do not have legal standing under the Texas wrongful death statute. If none of those eligible family members file within three months of the death, the estate’s executor or administrator is required to bring the action unless the family expressly requests otherwise.

How long do I have to file a wrongful death claim in Pearland?

Texas law gives eligible family members two years from the date of death to file a wrongful death lawsuit, as set out in Texas Civil Practice and Remedies Code Section 16.003. The clock starts on the date of death, not the date of the accident or injury. Limited exceptions exist, such as when a claimant is a minor or was incapacitated at the time of the death, but these exceptions are narrowly applied. Acting quickly is always the better choice.

Can I pursue both a wrongful death claim and a survival action?

Yes. Texas law allows families to pursue both claims at the same time. A wrongful death claim compensates the surviving family members for their own losses, such as lost financial support and loss of companionship. A survival action, brought by the estate under Section 71.021 of the Texas Civil Practice and Remedies Code, seeks compensation for the damages the deceased person experienced between the time of injury and death, including medical expenses and pain and suffering. Pursuing both can increase the total recovery for the family.

What if the person responsible for my loved one’s death also died?

Texas law addresses this situation directly. Under Section 71.008 of the Texas Civil Practice and Remedies Code, if the defendant dies while the action is pending, or before the action is filed, the executor or administrator of the defendant’s estate can be named as a defendant and the case can proceed as though the defendant were still alive. A judgment in favor of the family is then paid through the administration of the defendant’s estate. This provision ensures that the death of a negligent party does not automatically extinguish the family’s right to compensation.

Does Gustin Law Firm charge upfront fees for wrongful death cases?

No. Gustin Law Firm handles wrongful death cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you. Court costs and litigation expenses are part of the fee arrangement, and we explain exactly how that works during your free initial consultation. There is no financial risk in calling us to discuss your case. You can reach our Houston office at (713) 491-4792 any time to get started.

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"GUSTIN LAW FIRM was nothing but exceptional!!!"

I was very pleased on how this process was easy for me to file with them. I was referred by a friend and I don’t regret it one bit! They truly made my recent car accident a breeze and continued to follow up with each medical and legal proceedings of the case.

— Roxanne Farmer