When a loved one is taken from us, it’s only natural to look for someone to blame. While sometimes an accident is just an accident, and a tragedy is just a tragedy, sometimes it IS someone’s fault. Even when it is not a deliberate murder, it is possible for someone to have caused your loved one’s demise through carelessness or negligence. That’s where the Texas Wrongful Death Statute comes in.
What is the Texas Wrongful Death Statute?
Wrongful death claims, under Chapter 71 of the Texas Civil Practice and Remedies Code [1], can be filed by certain parties if the death is caused by the wrongful act, carelessness, unskillfulness, neglect, or default of another person or corporation.
The operative word in the Texas Wrongful Death Statute is “wrongful.” Instead of just being an uncontrollable accident or coincidence, someone or some entity had to have committed a bad action. Here are a few examples:
- A man takes a defective prescription drug for cholesterol that gives him cancer. While he is still alive, he has a personal injury claim, but when and if he dies of cancer, his family will have a wrongful death claim.
- A drunk driver falls asleep at the wheel, crosses the median, and causes a car accident, killing another driver. The deceased driver’s family will have a case under the Texas Wrongful Death Statute.
- A child is born with a birth defect, which means it won’t live outside of the womb. Despite the doctor’s best efforts, the child dies within minutes of being born. Despite the tragedy of the child’s death, there is nothing the doctor could have done to save it, and the parents do NOT have a wrongful death claim.
In these examples, you’ll notice that a personal injury claim can become a wrongful death claim once the victim dies and that not all tragic deaths can result in a wrongful death claim.
Who Can File a Wrongful Death Claim?
According to the Texas Wrongful Death Statute, claims may be filed as a single action or the members of the family can group together to file a claim. Family members who may file a wrongful death claim include the surviving spouse, the children, and the parents of the decedent. In some cases, an adopted child may file a wrongful death claim if the adoption was legally and fully completed. Adoptive parents may also file a wrongful death claim for their adopted child. If you believe you may have a case, contact our wrongful death attorneys today.
How Long Do You Have to File a Texas Wrongful Death Lawsuit?
Under Texas law, the wrongful death statute of limitations is two years from the date of death. This is the same with the personal injury statute of limitations. It means you or any surviving family member have only two years to file a wrongful death lawsuit if you want to recover damages for the loss of a loved one. The date specifically starts counting from the date of your loved one’s passing.
Usually, the loss of a loved one comes with grief, anguish, financial burden, etc., and filing a legal claim would be the last thing on your mind. We understand, and this is why we have an experienced attorney who can handle all of the legal work to help you receive the settlements you’re entitled to while you focus on moving forward.
The two-year filing deadline may seem like an extended period; however, the longer you delay, the more difficult it becomes to gather the right information and evidence to pursue your case. Moreover, if you miss the filing deadline, your case will be dismissed in court. Do not hesitate to consult our experienced wrongful death attorney in Texas.
What are the Exceptions to the Statute of Limitations for Wrongful Death Claims in Texas?
Although the filing deadline for wrongful death lawsuits is strictly two years, some circumstances can lead to an extension beyond two years from the date of your loved one’s death. This is often referred to as tolling the statute of limitations. Some of the exceptions include:
- You’re a minor child: The statute of limitations does not begin until you’re 18. However, a guardian or surviving parent can still pursue the claim on your behalf.
- The wrongful act was concealed: If you didn’t know about the death, the two-year period doesn’t begin counting until the date you discovered or should have discovered. This is also known as the “discovery rule.”
- You’re mentally or physically incapacitated: The two-year filing deadline can also be tolled due to physical or mental impairment, especially if you were injured in the same accident that led to the death of your loved one.
- The at-fault party committed fraud: When the at-fault party fraudulently denies or conceals involvement in an accident and death, the two-year time limit doesn’t start counting until you discover the negligence.
Speak With An Experienced Texas Wrongful Death Attorney From Shamieh Law
We understand how painful it can be to experience the loss of a loved one – we extend our condolences. While you focus on recovering from the pain, we are committed to pursuing justice and legal compensation on your behalf within the required timeline.
You deserve to be heard. Our experienced Texas personal injury lawyers are willing to provide full legal representation for your case. Contact us today to get started with a free, no-obligation case review.
