Have you or a loved one been hurt by someone else’s negligence?
Contact Feltoon Law, PLLC Today
Table of Contents
What is the Wrongful Death Statute of Limitations in Texas?
The statute of limitations is a law that sets the deadline for starting legal actions after an incident. Wrongful death statute of limitations in Texas is 2 years starting from the date the incident occurs. Once the two year statute of limitations expires, individuals can no longer file a lawsuit.
The wrongful death statute of limitations in Texas was set up to make sure legal actions are started within a reasonable time frame. This time limit helps disputes get resolved quickly and ensures the preservation of evidence and that the memory of witnesses remains intact.
The 2 year timeline for the statute of limitations for wrongful death cases typically begins from the date of the accident or the date of the victim’s death. In most cases, the clock starts ticking on the statute of limitations from the moment the wrongful act, negligence, or misconduct that led to the person’s death occurred.
Understanding Wrongful Death
Potential Wrongful Death Damages in Texas
- Emotional distress
- Expenses such as funeral costs and medical care
- The loss of household income
- The loss of love and companionship
- The loss of household services such as chores, household maintenance, and childcare
- The loss of parental support and guidance if the deceased person had a child
- The loss of inheritance, which includes any savings or assets the deceased person would have collected if they had lived to their normal life expectancy
Exceptions to Statute of Limitations
- Minors: If the individual bringing the claim is a child under the age of 18, the 2 year statute of limitations does not begin until their 18th birthday. Although this extended timeline is available, minors do not necessarily have to wait to file their claim. The parent or guardian of these children can pursue a wrongful death claim on their behalf while they are still underaged.
- Incapacitated: The time limit for filing a claim can be extended if someone is unable to do so due to a legal incapacity. This extension will pause the 2 year timeline until the incapacitated person can effectively begin the legal process.
- Concealment or Fraud: Sometimes the information needed to prove wrongful death was purposefully hidden from the family of the deceased. In these circumstances, the statute of limitations would not start until after someone uncovered the evidence of wrongful death.
- Unclear Negligence: In other cases, information surrounding negligence and the cause of death may not be immediately apparent. According to the discovery rule, the statute of limitations would start after the family finally discovers the negligence that caused the untimely death of their loved one.
Have You Been Injured Due to Someone Else’s Negligence?
Personal Injury Attorney in Austin, TX
Feltoon Law, PLLC