The pursuit of justice for a loved one's death is an emotional and challenging process. It's true that no legal action can replace the loss. However, filing a wrongful death claim ensures accountability and financial stability for your family. In Texas, there are strict deadlines for initiating these cases. Miss this window of time, and you might lose the chance to seek the justice your loved one deserves.
The Texas Statute of Limitations for Wrongful Death Claims
Under Texas law, wrongful death claims are governed by a statute of limitations. Generally, you have two years from the date of your loved one’s passing to file a claim. This regulation, outlined in Section 16.003 of the Texas Civil Practice and Remedies Code, ensures cases are brought forward in a timely manner, preserving evidence and testimonial accuracy.
Failing to file within this two-year window typically results in losing your legal right to pursue a claim. This is why acting swiftly is critical.
Situations That Might Extend the Two-Year Limit
Though the two-year statute of limitations is the standard, certain exceptions could grant extensions in specific cases. These include:
- Discovery of Negligence
If you were unaware of the negligence causing your loved one’s death during the two-year period, the clock might start ticking from the moment you discovered (or reasonably should have discovered) the misconduct.
- Minors or Incapacitated Individuals
If the deceased’s child is a minor or if the claim’s rightful beneficiary is legally incapacitated, the time limit might be paused until the individual is legally capable of filing (i.e., a minor turns 18).
- Cases of Fraud or Concealment
If the responsible party intentionally concealed evidence or their role in causing the death, the timeline might be extended, allowing families to uncover and act on the truth.
It’s important to note that these exceptions are not automatic. They require legal interpretation and evidence-based arguments, making it essential to consult a knowledgeable attorney to determine if your case qualifies.
Who Can File a Wrongful Death Claim in Texas?
Texas law regulates not just when a wrongful death claim must be filed, but also who can file it. Claims are typically reserved for the following individuals:
- Parents of the deceased
- Children of the deceased (biological or legally adopted)
- The surviving spouse
Siblings, extended family, or other loved ones generally do not have legal standing to initiate a wrongful death claim under Texas law, no matter how close their relationship to the deceased may have been.
The Role of a Personal Representative
If no qualifying family members step forward, a personal representative or executor of the deceased’s estate can file the claim on behalf of the estate. Funds recovered from these lawsuits will then be distributed to the appropriate beneficiaries.
Why Acting Quickly Matters
Time is of the essence when it comes to wrongful death cases. Here’s why prompt action is crucial:
- Preserving Evidence
Your legal team needs time to gather vital evidence like medical records, witness statements, and accident reports before they become difficult to access or unreliable.
- Building a Strong Case
Developing a compelling case that holds the responsible party accountable requires time and meticulous preparation.
- Avoiding Stressful Deadlines
By acting early, you and your family can avoid the stress of rushed filings or missing critical deadlines.
At Williams Attorneys, we understand the burden of navigating legal hurdles while grieving. That’s why we're committed to helping our clients every step of the way.
Start Your Claim Today With Wrongful Death Lawyers in Corpus Christi
The loss of a loved one is devastating, and pursuing justice can feel overwhelming. But help is here when you need it. At Williams Attorneys, we’ve successfully helped Texas families recover the compensation they deserve in wrongful death cases.
Don’t let time steal your right to justice. If you’ve lost a loved one due to another party’s negligence, contact our team today for a free consultation. Together, we’ll help you understand your legal options and begin the process of seeking justice.
Call us now at (361) 866-5535 to schedule your no-obligation consultation.
