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  • Writer's pictureRobert Schuerger

How Long Do You Have to File Wrongful Death in Texas? Everything Victims Must Know

Losing a loved one is one of the worst experiences someone can go through. In some cases, it happens due to another person's negligent actions. The surviving family members might be able to file a claim, but there's a time limit for it in Texas.

Texas Wrongful Death Statute of Limitations: The Basics

Texas Wrongful Death Statute of Limitations: The Basics

The Texas wrongful death Statute of Limitations is two years after the action takes place. If someone wants to recover compensation for the loss of their loved one, that's how much time they have, and it usually starts on the day of the deceased person's death.

After the Statute of Limitations period expires, the deceased person's loved one will not have the right to seek compensation.

In a few limited cases, people will be able to file wrongful death claims after two years have passed from their loved one's death.

However, if someone is filing a wrongful death claim and it's too late, the defendant might try to get it dismissed.

Consulting with an experienced wrongful death attorney is crucial to guarantee the case meets the deadlines. Therefore, victims should always get legal help.

Tolling the Texas Wrongful Death Statute of Limitations

The Statute of Limitations starts running the day the cause of the wrongful death action arises. Therefore, it's the moment the surviving spouse or family members lose their loved one and realize they have facts that could support a legal claim.

In almost all cases, the day of the wrongful death action is the day the person died. It could coincide with the day of the accident. However, the person may have passed away weeks after that.

While there could be grounds for a lawsuit on the day of the accident, the loved one's spouse or family members can't file a wrongful death claim until they die.

At the same time, there are circumstances in which the wrongful death Statute of Limitations doesn't start until a later date. On some occasions, it pauses in the middle. This process is called 'tolling.'

Whether the process pauses in the middle or starts afterward, the practical effect is that the person's wrongful death lawsuit will extend beyond two years of having lost their loved one.

The Claimant Is a Minor Child

If the person who lost someone is a minor child, they're not able to file wrongful death lawsuits until they're 18 years old.

The Statute of Limitations won't begin to run until after they're of age. However, they don't have to wait. Another parent or guardian can file a wrongful death claim for them.

The Negligence Was Not Obvious

In some cases, people might be reasonably unaware of the fact that someone else engaged in negligent, careless, and reckless actions that resulted in the wrongful act.

If this happens, the wrongful death case will start when the person realizes what happened. It doesn't matter if the person didn't find out until two years later. The Statute of Limitations won't start until they notice.

The Claimant Is Incapacitated

Sometimes, the surviving spouse or loved one might suffer from a mental or physical impairment that doesn't allow them to file a wrongful death case. It often takes place when they were in the same accident that resulted in the loss of their loved one.

In these cases, the Statute of Limitations also doesn't start until the person regains all their faculties.

There Was a Fraudulent Concealment of Negligence

On some occasions, the party that caused the person's wrongful death will conceal the action to avoid taking responsibility for their negligence.

If it happens, then the Statute of Limitations doesn't start running until the claimant finds out about the fraud.

The Texas Statute of Response for a Wrongful Death Claim

Some people miss the Statute of Limitations deadline when filing a wrongful death suit. However, victims should keep in mind that there is an ultimate limitation.

People have up to 10 years to give a response or file a wrongful death lawsuit. If they don't, they'll lose all chances of legally getting compensation for their loss.

Should People File a Wrongful Death Lawsuit?

People should always file a Texas wrongful death lawsuit if they unfairly lost their loved one due to someone else's reckless and negligent actions.

No one should have to deal with the loss of a loved one because someone chose to be irresponsible. A family member's death can be shocking, paralyzing, and even traumatic. Therefore, people have the right to get financial compensation for their physical and emotional pain. Schuerger Shunnarah Trial Attorneys can answer questions like, "Does Texas limit damages for wrongful death?"

How Can a Lawyer Help?

How Can a Lawyer Help?

A Texas wrongful death attorney is the ideal professional to hire if someone is looking for legal expertise to handle all the details pertaining to their case.

When filing a Texas wrongful death claim, people will have to go through different stages, including gathering evidence and putting together the best arguments. Wrongful death attorneys will help with this and make sure the person gets the best results.

Lawyers Understand Clients' Pain

Even though they're not going through the same circumstances, lawyers know that victims are in pain.

Legal professionals want to support families during these troubling times, so they'll do everything they can to handle all aspects of their wrongful death lawsuit.

They Will Aggressively Defend Them

If people get help from attorneys at Schuerger Shunnarah, they'll be able to trust professionals who will aggressively defend them.

Even though there are many wrongful death claims per year, not all victims get the compensation they deserve. At Schuerger Shunnarah, lawyers will go to war for their clients if needed.

Attorneys Know the Law

The most relevant benefit of working with an attorney is that they know the law. Therefore, they'll give people the best advice to get positive outcomes. They can also help with questions like, "Who can file wrongful death in Texas?"

Getting financial compensation won't make up for a loved one's death. However, it could help the surviving family members manage some of the economic consequences of having lost them.

Getting Legal Assistance Now

Experts at Schuerger Shunnarah are ready to help the family of the deceased person go through the confusing and stressful process of filing a claim. They'll make sure it's as smooth and hassle-free as possible.


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