Wrongful Death Lawyer in Humble, TX

Losing a loved one is truly a trying time for any family. The loss that comes with death can never be quantified. There is definitely no amount of empathy or money that can compensate for the lifetime of absence the death of a loved one causes. Unfortunately, many deaths that occur can be avoided. Errors by medical practitioners account for about 98,000 deaths yearly. Statistics from the CDC show that wrongful deaths are the fourth leading cause of deaths in the United States and about 150,000 people die as a result of another party’s negligence every year. If one of your family members was victim to this negligence, it's time to find a proper wrongful death lawyer.

How Do Wrongful Deaths Occur?

Wrongful death, by definition, is the death that results from the negligence of another party. Wrongful death lawyers exists to ensure companies and professionals are careful in the assignment of their duties so that they do not unnecessarily put other citizens in harm's way. Wrongful deaths can occur as a result of professional negligence while administering medical care and procedures, a driver's negligence on the road, product liability by a manufacturing company, and other similar situations. If you lost a loved one and you feel it’s due to another person's fault, our wrongful death attorneys in Humble, TX are ready to help you get the justice you deserve.

Who can make a wrongful death claim?

The 'real parties in interest', the survivors that directly suffer damage as a result of the death, can appoint a wrongful death lawyer to file a claim on their behalf. The real parties in interest are clearly spelled out by the state laws and our Wrongful Death Lawyers at The PM Law Firm are extremely knowledgeable about all aspects of the law. Depending on the specifics of the case, the following parties may be regarded as 'real parties in interest':

Parents, children or spouse of the deceased

Under Texas state laws, this category of survivors has three months to file a wrongful death claim. After the three-month window, the executor of the deceased's estate may file the claim.

Other relatives and former spouses

Other relatives that are not parents, children or spouse of the deceased do not have the right to file a wrongful death claim under the Texas Wrongful Death Statute. An exception could be made if any of these persons qualify as heirs to the estate of the deceased. The wrongful death lawyers at The PM Law Firm can advise you better on the appropriate course of action.

Parents of the unborn child

The parents of a fetus that fails to be born or dies may also file a wrongful death claim as permitted by the law in some circumstances. It is important to talk to our wrongful death lawyers to know what is the best action to take.

How Long Should You Wait Before Finding a Wrongful Death Lawyer?

As mentioned earlier, Texas wrongful death statute gives the spouse, parents or children of the deceased a window of three months from the date of death. During this three-month window, no other party has the right to file a wrongful death claim. At the expiry of this three-month window, the executor of the estate of the deceased is legally permitted to file the lawsuit.

Another statute of limitation that is worthy of note in the state's wrongful death laws is two years from the day of demise of the deceased. During this window, a wrongful death lawsuit must be filed by any of the eligible parties if the case is to be pursued. Failure to file any lawsuit by the expiry of the two-year window means the case may be lost forever.