What Is the Statute of Limitations for a Wrongful Death Claim in Texas?

After a loved one dies in an accident, you may be grieving for a long time. You may not be focusing on anything but trying process the tragedy as well as settle your loved one’s affairs. Later, though, you may wonder whether you still have time to file a lawsuit. A wrongful death claim lawyer can provide advice about the Texas statute of limitations, which is typically two years from the date of the death.

Let an experienced attorney advise you on meeting the statute of limitations while protecting your right to file a lawsuit.

What Is a Statute of Limitations?

The statute of limitations is any deadline you and your wrongful death claim lawyer have for filing a wrongful death lawsuit in a fatal accident where negligence occurred. Personal injury lawsuits and similar lawsuits also have statutes of limitations that victims must follow to seek a compensation claim for a negligent cause of action.

The difference in a wrongful death lawsuit is that the clock for the statute of limitations starts at the time of your loved one’s death rather than on the date of the accident. In a car accident injury lawsuit where the victim survives, the clock usually starts on the date of the accident.

Each state has its own unique rules regarding the statute of limitations for different injury claims. The wrongful death claim deadline in Texas is two years, but it can be one year or three years in some other states.

Seek Advice on a Wrongful Death Civil Lawsuit

You might be unsure whether the family wants to file a wrongful death claim related to your loved one’s fatal accident. Regardless, you should seek advice from legal representation as early as possible.

You can speak to a wrongful death claim lawyer for advice about your ability to win a claim without having to file a lawsuit or hire a lawyer. By taking advantage of this advice, you will know all your options and understand the statute of limitations deadline before deciding what to do.

Situations Where Delays in the Wrongful Death Statute of Limitations Are Possible

If you do not file the lawsuit before the statute of limitations runs out, you will almost certainly lose the ability to pursue a claim.

A few exceptions exist to the Texas wrongful death statute of limitations, including:

• Minor children: If a minor child loses a parent to a fatal accident, the statute of limitations does not start until the child reaches age 18. The family could pursue a wrongful death claim for the child before age 18, though.
• Incapacitated: If the person who is eligible to file the wrongful death claim doesn’t have the physical or mental capability to do so, the statute of limitations doesn’t begin until the person regains self-awareness.

Understand that these exceptions are extremely rare. Not every family will qualify to use them in a wrongful death claim. Therefore, you must make every effort to file the lawsuit before the statute of limitations deadline to be safe.

Contact Our Texas Wrongful Death Claim Lawyers Today

After a fatal accident involving your loved one, you may be unsure about the deadline for deciding whether to file a lawsuit. Reach out to the wrongful death claim lawyers at Fadduol, Cluff, Hardy & Conaway, P.C., for advice about your situation and your legal rights going forward. Call us today at 800-433-2408 for a consultation.