If you suffer the tragic death of a loved one in Texas, it can take time to come to terms with the loss, understand the cause of death, and start to consider your potential legal options in terms of holding someone accountable. It’s important not to wait too long, however, or you could put yourself at risk of missing your statute of limitations. According to this Texas law, most wrongful death claims in Laredo must be filed within two years.
What Is a Statute of Limitations?
A “statute of limitations” in personal injury law refers to the maximum amount of time an individual has to pursue a cause of action related to a legal dispute. All 50 states have statutes of limitations on personal injury and wrongful death claims to keep the justice system just.
Prompt claims filing is important for the preservation of key evidence, such as accurate witness accounts and documents that may get lost over time. It also prevents a potential lawsuit from being held over a defendant’s head in perpetuity.
What Is Texas’s Wrongful Death Claim Statute of Limitations?
In Texas, the statute of limitations on a wrongful death claim is two years from the date that the cause of action accrues. This typically means from the date that the deceased person died. Texas Civil Practice and Remedies Code § 16.003 states:
- Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD.
- (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
- (b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
If an individual fails to file the paperwork to initiate a wrongful death claim within two years of the date of death, the claim typically cannot proceed. The defendant or accused party can use the expired statute of limitations to file a motion to dismiss the claim, which the courts will most likely approve. This is known as being “time-barred” from filing.
Are There Exceptions to the Rule?
In limited circumstances, you may be able to bring your claim after two years have passed from the date of your loved one’s death. If your family did not connect the death with someone’s negligent or wrongful act right away, for instance, the courts may extend the deadline to two years from the date of reasonable discovery. You should never assume that you qualify for a statute of limitations exception; however, always seek legal counsel right away.
Who Can File a Wrongful Death Claim in Texas?
In Texas, a wrongful death claim can be filed by surviving family members of the deceased person (decedent) for a death that was caused by another party’s “wrongful act, neglect, carelessness, unskillfulness, or default” (§ 71.002). This includes:
- A surviving spouse
- Surviving children
- Parents of the deceased
One or more of these parties can file on behalf of them all. If these family members don’t file within the first three months of the death, the personal representative of the decedent’s estate can file (unless the family requests otherwise).
If you believe you have grounds to file a wrongful death claim in Texas, contact a wrongful death attorney as soon as possible to avoid missing your deadline. Gonzalez Druker Law Firm offers free consultations.