Losing a loved one in an accident is one of the most horrific and shocking things that can happen.
At The Francis Firm, we believe that when a family member dies in a preventable accident, whoever caused that accident should be held liable for the damages that result to surviving family members, such as the loss of income of the decedent, funeral and burial expenses, and the loss of companionship, guidance, and love.
Many times, the filing of a wrongful death case is necessary in order to recover these damages.
However, family members are often reluctant to bring forth a wrongful death claim. These claims can be emotionally trying and painful to navigate or even consider for this very reason.
Family members who are dealing with grief may also feel unable to take on the burden of a lawsuit.
We know how important the grieving process is, and we want to do everything we can to help you recover from your family member’s untimely death.
Our TX wrongful death lawyers will explain what you should know about the Texas wrongful death statute of limitations.
For immediate assistance, please don't hesitate to call our firm at (817) 329-9001 or send us an online message.
How Long Do I Have to File a Wrongful Death Claim in Texas?
While filing a wrongful death claim may be the farthest thing from your mind, if you don’t act now, you may lose your right to pursue damages.
Our wrongful death attorneys at The Francis Firm can help you understand the wrongful death statute of limitations in Texas and your legal rights.
What Is a Statute of Limitations?
A statute of limitations is a limit on the amount of time that a person has to pursue an action, either civil or criminal.
In a wrongful death lawsuit, a statute of limitations is the time frame within which the plaintiff in a wrongful death claim must file a lawsuit against the defendant (negligent party).
What Is the Wrongful Death Statute of Limitations in Texas?
The wrongful death statute of limitations in Texas is found in Texas Civil Practice and Remedies Code Section 16.003(b). According to the statute, a Texas wrongful death claim must be brought within two years of the date of death.
If you do not hire an attorney and file your claim in time, you lose your legal right to ever bring that claim.
Does the Texas Wrongful Death Statute of Limitations Start from the Date of Injury or Death?
The statute’s language may seem confusing, particularly when it says “the day the cause of action accrues.”
This “cause of action” is not the date of the accident but the date the person dies from their injuries.
For example, if a car accident occurs in January and the victim dies in March, the statute of limitations would start from the date of death in March, not from the date of the accident.
Note: The “clock” on the statute of limitations may be extended in certain cases, such as when the deceased was a minor.
What Happens if the Statute of Limitations Expires?
If the Texas wrongful death statute of limitations expires, the plaintiff’s right to recovery is barred.
That means that if more than two years pass from the date of death without a lawsuit being filed, you will likely be unable to recover damages, with few exceptions.
If the deadline is approaching or has passed, contact an experienced Texas wrongful death lawyer to determine if any exceptions apply to your case.
Contact Our Texas Wrongful Death Lawyers Today for a Free Consultation
Waiting to pursue a wrongful death action could harm your ability to recover compensation. Your chances of obtaining the best result are higher if you act quickly and consult with an attorney early on.
If you wait too long, critical evidence or witnesses may be lost, making it more challenging for your attorney to build a strong case.
For more information on filing a wrongful death claim in Texas, call the lawyers at The Francis Firm at (817) 329-9001 for a free consultation.
We handle cases on a contingency fee basis, so you won’t pay anything unless we recover compensation for you.
Learn More About the Texas Wrongful Death Statute
Wrongful Death Law is Related to Personal Injury Law
Wrongful death law is closely related to personal injury law. While personal injury law allows an injured person to file a claim, a wrongful death claim allows surviving family members to file a lawsuit on behalf of a deceased loved one.
Wrongful Death Includes Fatal Injuries Caused by Negligence and Wrongful Acts
The Texas wrongful death statute (Tex. Civ. Prac. & Rem. Code §§ 71.001-71.051) allows a plaintiff to file a wrongful death lawsuit when the deceased’s death was caused by a wrongful act, negligence, or default.
Whether the death was due to an intentional act or a negligent one, it may be possible to recover compensation by filing a wrongful death claim.
Family Members May Be Eligible to File a Claim
The Texas wrongful death statute allows surviving spouses, children, and parents to file a wrongful death claim. These individuals may file the claim individually or jointly.
Plaintiffs Can Recover Compensatory Damages
In a Texas wrongful death claim, plaintiffs can recover economic damages, such as burial expenses and lost income, as well as non-economic damages, such as loss of companionship.
Sometimes Punitive Damages Can Be Awarded
In some cases, Texas law allows for exemplary damages in addition to compensatory damages. These punitive damages are awarded when the defendant acted with gross negligence or willful misconduct.
The Executor of the Deceased’s Estate May Bring a Wrongful Death Claim
If none of the eligible family members file a claim within three months of the death, the executor or administrator of the estate may bring a wrongful death claim, unless requested not to by the family.
Wrongful Death Claims May Be Brought for Deaths Outside of Texas
In certain cases, a wrongful death claim may be brought in Texas even if the death occurred in another state or country. Generally, if the deceased was a Texas resident, the claim can be filed in Texas.
Wrongful Death Claims Can Concern Deceased Persons of All Ages
The Texas wrongful death statute allows claims to be filed for the death of a person of any age, including unborn children.