Losing a loved one is never easy, and we understand it’s even more overwhelming if it’s been caused by someone else’s negligence or misconduct. Although filing a claim against that person won’t bring your loved one back, you may be entitled to compensation under the Texas wrongful death statute. However, it is essential to understand the time limits for filing a wrongful death claim in Texas to ensure your legal rights are protected.
In this article, our wrongful death attorneys address the most commonly asked questions about the wrongful death statute of limitations in Texas. We hope this provides some answers on this delicate topic and helps ease your burden as you make decisions about your legal rights.
What is a wrongful death lawsuit?
A wrongful death lawsuit in Texas is a legal action brought by the survivors or representatives of a person who has died as a result of someone else’s negligence, misconduct, or wrongful act. These lawsuits are designed to provide compensation to the surviving family members for the losses they have suffered due to the death of their loved one.
In Texas, the wrongful death statute (Texas Civil Practice and Remedies Code, Chapter 71) allows certain family members or the estate’s representative to file a lawsuit seeking damages against the party or parties responsible for the death. The purpose of the lawsuit is to hold the at-fault party accountable for their actions and to provide financial compensation to the surviving family members for the losses they have experienced.
What is a statute of limitations?
A statute of limitations is a time limit set by the law, within which a legal action must be filed. It determines the maximum amount of time you have to bring a wrongful death case or personal injury claim in Texas. Once the timeframe is passed, the claim concerning the injury or death will most likely be dismissed.
What is the statute of limitations for wrongful death cases in Texas?
Under Texas law, the statute of limitations for wrongful death cases is two years from the date the cause of action occurred. This means that you have a maximum time of two years to file a wrongful death lawsuit in Texas to receive damages or compensation.
What happens if I miss the statute of limitations deadline?
If you do not file a lawsuit or settle your wrongful death claim by the statute of limitations deadline, you will lose your right to seek compensation for your wrongful death case or personal injury claim. It is important to act promptly and consult with a personal injury lawyer or wrongful death attorney to ensure you meet all necessary deadlines.
Can the statute of limitations be extended or tolled in Texas?
In some exceptional circumstances, the statute of limitations may be extended or tolled in Texas. Certain injuries or claims may not be immediately apparent. In order to safeguard individuals who may be unaware of their injuries or the fact that they were caused by someone else’s harmful actions, many states implement the practice of suspending the statute of limitations in certain situations, a concept referred to as “tolling.”
Typically, the statute of limitations starts counting when a person becomes aware or should reasonably have become aware of a potential claim. This usually entails the injured party taking reasonable measures to investigate the existence of a claim. For example, if the wrongful death was caused by medical malpractice, the statute of limitations may be extended to two years from the date the malpractice was discovered.
However, these situations are extremely rare and usually require specific legal considerations. It is best to consult with an experienced Dallas wrongful death to determine if any extensions or tolling might apply to your case.
Why is it important to act promptly in Texas wrongful death cases?
Remember, time restrictions for wrongful death claims in Texas are strict, so it is critical to act promptly if you believe you have a case.
Have you lost a loved one due to wrongful death? The attorneys at the Law Offices of Tim O’Hare can fight on your behalf.
We want to extend our deepest sympathies to you on the death of your loved one. Remember that time is of the essence in wrongful death cases, so it is critical to act quickly to protect your rights and seek justice for your loved one.
Contact us today for a complimentary and no-obligation consultation regarding the details of your case.
