Wrongful Death Attorneys in Pasadena, TX

Who Can File a Wrongful Death Claim in Texas?

State law generally limits the right to file a wrongful death claim to certain eligible family members. 

These family members include:

• A surviving spouse
• Any surviving child or children (whether dependents or not)
• The surviving parent or parents
• An adopted child or adoptive parent
• The representative of the decedent’s estate

The surviving spouse of the decedent may file a wrongful death claim within the first year following the death. The surviving spouse, as well as the surviving children, may file such a claim during the second year after the death.

In cases where no surviving spouse or children exist, a claim may be pursued by the decedent's parents. The representative of the decedent's estate may also file a claim to pursue certain damages for the estate.

Texas law allows an adopted child to file a claim on behalf of their adoptive parents as long as the child is an adult and fully and legally adopted by the parents. An adopted child, however, cannot file a claim on behalf of a biological parent. Likewise, adoptive parents may file a claim for an adopted child.

How Long Do You Have to File a Wrongful Death Lawsuit in Texas?

The statute of limitations for wrongful death claims in Texas is two years. This means a claim must be filed within two years from the date of death, or you may lose your right to pursue compensation. It is an important note that the date of death may not be the same as the date of injury.

The sooner you contact a wrongful death lawyer in Pasadena, like ours at SJ Injury Attorneys, the sooner you can begin seeking justice and accountability from those at fault for your loved one’s tragic passing. Our firm is here to help guide you through this difficult time, answering your questions and providing compassionate, personalized assistance every step of the way.

Can I file a wrongful death lawsuit if the person responsible was not criminally charged or was found not guilty?

Yes. A wrongful death claim is a civil case, separate from any criminal prosecution. Criminal cases require proof beyond a reasonable doubt, while a civil case only requires showing it is more likely than not that wrongful conduct caused the death. The two-year filing deadline keeps running during a criminal case, so don't wait for it to end.

Can siblings, grandparents, or an unmarried partner file a wrongful death claim in Texas?

Generally, no. Texas limits these claims to the surviving spouse, children, and parents. A partner may qualify as a spouse only if the relationship meets Texas's requirements for an informal (common-law) marriage. An attorney can review your situation and explain who may file.

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

A wrongful death claim compensates the surviving family for their own losses, such as lost support, companionship, and mental anguish. A survival action belongs to the estate and recovers what the deceased could have claimed, including medical bills, conscious pain and suffering, and funeral costs. The two are often filed together.

What if my loved one was partly at fault for the accident?

You may still have a claim, but any compensation is reduced by the deceased person's percentage of fault. Under Texas's modified comparative fault rule, if the deceased is found more than 50% responsible, the family cannot recover. Insurers often try to shift blame to the person who died, so an early investigation is important.

Can I file a wrongful death claim if my loved one died in a workplace accident?

Often yes, but it depends on the employer. If the employer carries workers' compensation, the family may receive death benefits, and the spouse or children may seek exemplary damages only if the death resulted from gross negligence or intentional conduct. Third parties, such as equipment manufacturers or negligent drivers, can also be sued, as can employers who opted out of workers' compensation.

How much is a wrongful death case worth?

There is no standard amount, and no attorney can promise a result. Value depends on factors such as:

• The age, health, and earnings of the person who died
• The financial and emotional support the family has lost
• Medical and funeral expenses
• The strength of the evidence and any shared-fault arguments
• Available insurance coverage
• Whether the conduct was grossly negligent or intentional

How is compensation divided among family members?

At trial, the jury decides the amount awarded to each family member. In a settlement, family members typically agree on the division. If a minor child is involved, the court often must approve the settlement to protect the child's share. Survival action proceeds go to the estate and are distributed under the will or Texas law.

How long does a wrongful death case take, and will we have to go to court?

Cases can take from several months to a few years, depending on disputed fault, the number of defendants, and insurance coverage. Most settle without a trial, but offers tend to be better when the other side knows your attorney is prepared to go to court.

What should my family do right now to protect our claim?

• Get copies of the death certificate, incident reports, and medical records.
• Keep funeral bills, medical bills, and proof of income.
• Save photos, videos, messages, and any damaged vehicle or product.
• Don't give recorded statements to the other side's insurer.
• Don't sign anything or accept an offer before speaking with an attorney.
• Stay off social media.

How much does it cost to hire a wrongful death attorney?

There is no fee to start. We handle wrongful death cases on a contingency basis, so we only get paid if we recover compensation for your family. Your initial consultation is free and comes with no obligation.

Damages in Wrongful Death Claims

There are three main types of damages available in all personal injury cases: economic, non-economic, and punitive. These damages are available in wrongful death cases, as well.

• Economic Damages: Compensation for quantifiable losses, such as medical bills, funeral expenses, and lost income
• Non-Economic Damages: Compensation for subjective, non-monetary losses such as pain, suffering, inconvenience, and emotional distress
• Punitive Damages: Intended to punish the negligent party rather than compensate for specific losses

Although no amount of money will ever truly compensate for your loss, it is often beneficial to recover damages, particularly for medical bills or supplementary income, and our injury Pasadena wrongful death attorneys can help you do just that.

In a wrongful death case, eligible family members may be compensated for:

• Loss of love and companionship
• Emotional pain and suffering
• Lost earning capacity
• Mental distress
• Lost inheritance
• Funeral and/or burial expenses
• Medical bills related to the fatal injury or illness

Common Causes of Wrongful Death in Pasadena, TX

When someone is killed or dies from an injury sustained as a result of someone else’s negligent or reckless conduct, the death is considered “wrongful.” These tragedies can arise from all types of incidents.

In Texas, we often see wrongful death cases resulting from:

• Car, truck, motorcycle, and other vehicle accidents 
• Pedestrian and bicycle accidents 
• Work injuries, construction accidents, industrial disasters 
• Maritime incidents, including offshore accidents
• Oilfield, plant, and refinery accidents
• Unsafe premises, leading to serious falls or animal attacks
• Defective products

If you believe someone else is to blame for your loved one’s death, SJ Injury Attorneys is here to help you pursue the answers and accountability you deserve.

Get the Support You Need During This Difficult Time with Help from Our Pasadena Wrongful Death Attorneys

In the wake of wrongful death, you may feel overwhelmed by your situation. You will need to understand your rights and options in order to take appropriate legal action. Our wrongful death lawyers in Pasadena provide diligent and dedicated service to the families and estates of those who have died under such painful circumstances.

We proudly serve clients in Pasadena, Houston, Deer Park, Sugar Land, and all of the surrounding areas. Reach out to our team to learn more about your legal rights and options during a completely free initial consultation. 

You can reach us online or by calling (936) 297-7972.