Wrongful Death Lawsuit Statute Of Limitations
Texas Wrongful Death Statute
Texas Injury To A Child Statute Of Limitations
The tragedy of losing a loved one in an accident is something that is emotionally overwhelming. Your first instinct in such situations is to sue the responsible party and get justice. But you need time to grieve and regain enough strength to continue living and caring for those who need you.
While a lawsuit may sound like a difficult task to take on, getting a wrongful death compensation can cover all expenses linked with your loss. But there is a time limit or a statute of limitation for bringing a wrongful death claim in Texas.
You need to talk to a wrongful death lawyer as soon as you can after your loss so that the lawyer can do all the legal stuff as you grieve for your loved one.
Wrongful Death Statute Of Limitations In Texas
Statute Of Limitations Texas DWI
Wrongful death can happen in the following ways:
- A person injures a pregnant person causing the fetus to die
- A negligent or careless act by a person or entity causes an injury to another person
- The person that died would have been in a position to file a personal injury lawsuit had they been alive
Wrongful death can happen because of medical malpractice, negligence such as in motor vehicle accidents, and because of intentional acts. The people who can bring a wrongful death claim on behalf of their dead loved one include:
- The surviving spouse of the deceased
- The children of the deceased
- The parents of the deceased
You must file the wrongful death claim within 2 years after the date of the death. The representative of the deceased person’s estate may file the claim if the family members do not file within the 3 months after the date of the death. But family members can request the representative not to file.
Are There Exceptions For The Two Year Statute Of Limitations?
Texas Statute Of Limitations Negligence
Some of the exceptions are:
- The deceased is survived by a minor child meaning that the statute of limitations starts after the child reaches 18 years of age
- The party responsible for the accident is still unknown as in a fatal hit and run accidents
- When there is fraud involved
- The surviving family member suffered mental or physical incapacity
Minor children can file a claim even before their 18th birthday. In the case of mental or physical incapacity, the statute may be extended until they are well enough to file the claim. Fraud in wrongful death cases usually involves the defendant trying to hide the fact that they caused the accident.
The court may extend the statute of limitations from the date the family of the deceased discovered the fraud.
You Need An Experienced Wrongful Death Lawyer
Texas Malpractice Statute Of Limitations
Wrongful Death laws are complex not just because of the circumstances that may lead to the statute of limitations being extended, but also because of the need to provide evidence that the defendant caused the death. So, you need an experienced lawyer to represent you if your family member dies because of the negligence, recklessness, or wrongdoing of the defendant.