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Losing a loved one is a life-altering event, and when their death is caused by someone else’s negligence or misconduct, the pain is compounded by the need to seek justice. Families in Pasadena are left navigating overwhelming grief, financial hardships, and the complexities of legal action.
At Johnson Garcia, we recognize the profound challenges you face, and we are here to help. With over 35 years of experience, our Houston-based team provides compassionate, client-focused legal representation to pursue accountability and the compensation your family deserves.
A wrongful death claim is a civil lawsuit brought by family members when an individual’s death is caused by the negligence, recklessness, or intentional acts of another party. Governed by the Texas Wrongful Death Act, these claims aim to hold responsible parties accountable while alleviating the financial burden placed on surviving family members.
Eligible claimants under Texas law include the deceased’s spouse, children, and parents. In some cases, the executor of the deceased’s estate may pursue related claims, such as survival actions, which address the damages the deceased experienced prior to passing.
While no legal action can replace the loss of a loved one, a wrongful death claim can provide families with financial relief and a measure of justice as they work to rebuild their lives.
Under Texas law, the right to file a wrongful death claim is strictly limited to specific individuals. The Texas Wrongful Death Act identifies who can pursue compensation for the loss of a loved one caused by another party’s negligence, recklessness, or intentional misconduct.
The following individuals are permitted to file a wrongful death claim in Texas:
These parties may file a claim individually or together as a group. If multiple eligible family members are involved, their claims are often consolidated into a single case.
In addition to claims filed by eligible family members, the executor or administrator of the deceased’s estate may file a survival claim on behalf of the estate. This type of claim is distinct from a wrongful death claim and focuses on damages incurred by the deceased prior to their passing, such as medical expenses, pain and suffering, and lost wages. The compensation recovered in a survival claim benefits the estate and its heirs.
If no eligible family member files a wrongful death claim within three months of the deceased’s passing, the executor or administrator of the deceased’s estate may step in to file on behalf of the family. However, this is subject to certain restrictions, as family members can object to the executor’s or administrator’s involvement.
Texas law does not permit extended family members — such as siblings, cousins, grandparents, or fiancés — to file a wrongful death claim, even if they were close to the deceased. Additionally, friends and non-relatives are excluded from pursuing compensation under the Texas Wrongful Death Act.
Ensuring that the correct party files a wrongful death claim is critical to the success of the case. Claims filed by ineligible parties will not proceed, resulting in delays or missed opportunities to secure compensation. Consulting with an experienced wrongful death attorney can help determine eligibility and ensure the legal process is handled correctly.
Pasadena’s thriving industrial base, bustling highways, and growing residential areas present unique risks for preventable accidents. Fatal incidents arising from negligence occur in a variety of settings, including workplaces, roadways, and healthcare facilities. Understanding the specific causes of wrongful deaths in Pasadena can help families identify their legal options.
As part of the Houston Ship Channel region, Pasadena is home to numerous chemical plants, refineries, and manufacturing facilities. While these industries drive economic growth, they also pose significant safety risks. Explosions, toxic exposure, and equipment malfunctions are frequent causes of workplace fatalities. Employers and contractors are obligated to maintain safe working conditions, but when they fail to do so, the results can be catastrophic.
Pasadena’s location along major highways, including State Highway 225 and Interstate 610, sees heavy commercial traffic and daily commuters. Fatal car crashes often result from distracted driving, speeding, impaired driving, or poor road maintenance. Multi-vehicle accidents, particularly those involving large trucks, can leave families grappling with devastating losses. In these cases, wrongful death claims can hold negligent drivers, employers, or vehicle manufacturers accountable.
Healthcare providers are entrusted with the lives of their patients, but breaches of the standard of care can lead to fatal outcomes. Misdiagnoses, surgical errors, medication mistakes, and delayed treatments are all examples of medical malpractice that may warrant a wrongful death claim. Families often face additional challenges in these cases, as proving negligence requires expert testimony and detailed evidence.
Unsafe conditions on private or commercial properties can result in tragic fatalities. Examples include fatal falls, drownings in improperly maintained pools, and structural collapses. Property owners have a legal duty to keep their premises safe, and failing to do so may result in liability under Texas premises liability laws.
Defective products — such as unsafe machinery, malfunctioning vehicles, or contaminated food — can cause preventable deaths. Manufacturers, distributors, and retailers may be held liable for failing to provide products that meet safety standards. These cases often require investigations into product design, manufacturing processes, and warnings provided to consumers.
At Johnson Garcia, we guide families through every step of the legal process, providing clarity and support during a difficult time. While no two cases are identical, the general process for pursuing a wrongful death claim in Pasadena includes the following steps:
The process begins with an initial consultation where our attorneys learn about the circumstances of your loved one’s death and provide guidance on your legal options. This conversation is an opportunity to ask questions, understand your rights, and determine the best course of action for your family.
Building a strong case requires a thorough investigation. Our team gathers critical evidence such as accident reports, medical records, and witness statements. In complex cases, we collaborate with experts — such as forensic specialists, medical professionals, or engineers — to analyze the facts and establish liability. This phase ensures that every detail is examined to build a compelling claim.
Once the investigation is complete, we prepare and file a wrongful death claim on your behalf. This legal document outlines the responsible party’s negligence, the damages sought, and the impact of the loss on your family. Filing the claim initiates the formal legal process, signaling your intent to pursue justice.
Many wrongful death claims are resolved through negotiations with the defendant’s insurance company or legal representatives. Our attorneys handle these discussions, advocating for compensation that reflects the full extent of your financial and emotional losses. If a fair settlement cannot be reached, we proceed with litigation.
When settlement negotiations fail, our team is fully prepared to take your case to court. Litigation involves presenting your case before a judge or jury, supported by evidence and expert testimony. We fight tirelessly to hold the responsible parties accountable and secure the compensation your family deserves.
Compensation in wrongful death cases serves to address the profound financial and emotional losses experienced by the surviving family members. While each case is unique, the damages generally fall into three distinct categories: economic damages, non-economic damages, and, in certain circumstances, punitive damages.
Economic damages encompass the measurable financial losses caused by a loved one’s death. These include the medical expenses incurred for treatment prior to their passing, such as hospital stays, emergency care, or surgeries. Additionally, funeral and burial costs, which can quickly become a significant financial burden, are often part of these damages.
Another critical component of economic damages is the loss of income. This includes not only the financial contributions the deceased provided to their family but also their potential future earnings had they lived a full life. Families may also recover compensation for the loss of services the deceased performed in the household, such as childcare, home maintenance, or other valuable contributions.
Non-economic damages focus on the intangible and deeply personal impacts of losing a loved one. These damages often address the mental anguish endured by surviving family members, recognizing the profound emotional suffering caused by the loss. The absence of the deceased’s companionship, love, guidance, and support is another significant consideration, as these relationships play an irreplaceable role in family life.
For a surviving spouse, the loss of consortium is a critical aspect of non-economic damages. This encompasses the emotional and relational loss suffered as a result of their partner’s death, highlighting the void left in their life and personal connections.
In cases where gross negligence or intentional misconduct led to a wrongful death, punitive damages may be awarded. Unlike economic or non-economic damages, punitive damages are not designed to compensate the family for their losses. Instead, they serve as a means to punish the wrongdoer for their actions and to deter similar behavior in the future. These damages emphasize accountability and the importance of preventing such reckless conduct from recurring.
By addressing both tangible and intangible losses, wrongful death compensation seeks to provide families with financial relief and a sense of justice during a profoundly challenging time. At Johnson Garcia, we work tirelessly to ensure that families in Pasadena pursue the full extent of the compensation they deserve, helping them rebuild and move forward with dignity.
At Johnson Garcia, we understand the immense challenges families face after losing a loved one due to someone else’s negligence or wrongful actions. Our commitment to providing compassionate and skilled legal representation has earned the trust of families in Pasadena and across Texas during these difficult times.
We approach every wrongful death case with empathy and respect, treating each family’s situation as unique. Our attorneys prioritize clear communication, keeping you informed at every stage of the process and ensuring your questions are answered. By tailoring our strategies to your family’s needs, we strive to make this challenging journey as manageable as possible.
With over 35 years of experience, our Houston-based team has handled a wide range of wrongful death cases, including those involving industrial accidents, medical malpractice, and devastating vehicle crashes. This extensive experience allows us to anticipate challenges, develop effective legal strategies, and guide families through even the most complex claims with confidence.
Our advocacy is unwavering, whether negotiating a fair settlement or fighting for justice in court. We are relentless in holding negligent parties accountable, ensuring that the compensation pursued reflects the full extent of your losses — both financial and emotional.
It’s also important to note that we operate on a contingency fee basis, meaning you pay nothing upfront. Our fees are collected only if we successfully recover compensation for your family. This structure allows you to focus on healing without the added stress of financial strain.
If you have lost a loved one in Pasadena due to someone else’s negligence, you don’t have to navigate this journey alone. The wrongful death lawyers at Johnson Garcia are here to provide the compassionate support and experienced representation you need.
Call us today at 832-844-6700 or contact us online to schedule a free consultation. Let us help you seek justice and honor your loved one’s memory with dignity and determination.
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