What Is the Wrongful Death Statute of Limitations in Texas?

What is the wrongful death statute of limitations in Texas? The statute of limitations for a wrongful death case in Texas is generally two years. After the tragic loss of a loved one, it can be challenging to know what to do next. 

Working with a Corpus Christi wrongful death lawyer can help take some of the uncertainty out of the equation while you focus on yourself and your family. 

Time Is Limited to File a Claim

In Texas, the two-year statute of limitations on wrongful death cases means that families generally have two years from the date of a loved one’s passing, not the accident, to file a suit. After this timeframe, you could lose the opportunity to recover damages.

After the wrongful death of your family member, opening a legal case may be one of the furthest things from your mind, but it is important to work quickly to ensure you receive the compensation you are entitled to. 

Losing a loved one is never easy, and you deserve time to grieve. By working with a Corpus Christi personal injury lawyer, you can feel confident knowing that the legal steps are being handled properly, so you can put your energy into grieving with your family. 

Texas Courts Strictly Enforce Wrongful Death Filing Deadlines

Courts in Texas generally take the statutes of limitations set forth in the Texas Civil Practice and Remedies Code § 16.003 seriously and usually do not allow late filings. Some potential consequences of delaying filing a claim may include:

• Lawsuits filed after the deadline may be dismissed
• Families can lose the right to seek compensation
• Insurance companies may refuse settlement negotiations after the deadline
• Waiting too long can weaken evidence and testimony

While no dollar amount can bring back what you lost, you deserve compensation for your loss. A sudden loss can create financial hardship that you and your family should not be responsible for, so ensuring you do not miss the cutoff for the wrongful death statute of limitations in Texas is essential.

The Filing Deadline May Be Different From the Date of the Accident

The statute of limitations for wrongful death cases in Texas does not begin at the date of the accident but at the date of death. While sometimes they are the same, that is not always the case, so it is important to note.

There are times that after an accident, someone may actually live for days, weeks, or even months before succumbing to their injuries or illness. This time difference could mean the difference between filing on time and losing your ability to sue. 

Filing can be confusing, paperwork can be complicated, and starting a legal case takes a lot of energy, especially for someone who has just endured a loss. This is where an attorney can help manage the process so you don’t have to. 

Certain Circumstances Can Affect the Statute of Limitations

There are scenarios in which the typical statute of limitations for a wrongful death in Texas may be extended past the standard two-year deadline. This can include:

• Delayed discovery
• The beneficiary is a minor
• Evidence of fraud or concealment
• Evasion by the defendant, such as leaving Texas or attempting to evade legal proceedings

These exceptions are uncommon and do not represent the majority of cases, but they may apply under specific circumstances. It is important to speak to a lawyer to understand how they may affect your case. 

Delaying a Wrongful Death Claim Can Make Cases Harder to Prove

Waiting too long to file can create practical problems beyond just missing the legal deadlines. Common issues that arise by delaying may include:

• Witness memories may fade
• Surveillance footage may be lost
• Accident evidence may disappear
• Medical and investigative records may become harder to obtain

Early action can help prevent some of this loss of evidence. While it may be challenging to begin the process, knowing that you have supportive advocates on your team can be comforting. 

Texas Law Limits Who Can File a Wrongful Death Lawsuit

Only certain surviving family members can bring a wrongful death claim in Texas. There is a strict order to ensure that those impacted by the loss are the first eligible to receive compensation.

Generally, the order begins with spouses, then children, then parents. If none of these apply, an executor or administrator can use funds to pay debts or medical expenses. In Texas, siblings and grandparents generally are not eligible to receive funds, even if they were financially dependent on the deceased.

Regardless of who files the claim, if they do not file within the two-year statute of limitations, they are generally barred from using the legal system to collect any compensation. 

Understanding the Statute of Limitations Helps Families Protect Their Rights

While financial compensation cannot compare to the loss you have faced, it can help ease the financial burden that you may be left with. Costs can accrue quickly, such as medical payments, funeral expenses, and everyday bills. A settlement might be able to help.

Oftentimes, these payments can help cover the wages your loved one would have earned had the accident not occurred. Many families rely on multiple incomes, so this can be essential for ensuring your family is financially taken care of.

Missing the deadline of the statute of limitations for a wrongful death case in Texas may prevent you from being able to recover these costs, so it is essential that you understand your rights, who can file, and when filing must happen to ensure you receive the maximum allotted compensation for your loss. 

Call Carrigan & Anderson, PLLC, to Begin Fighting for the Justice You Deserve

The loss of a loved one due to negligence is a tragedy, and you do not have to handle it alone. At Carrigan & Anderson, PLLC, we believe that you deserve the maximum compensation possible, and our team is here to help you fight for it. Contact us today for your free, no–obligation consultation to get started.