Picking up the pieces after losing a loved one in a devastating accident in Texas can be extraordinarily difficult. It is normal to need time to process and grieve. However, Texas has a law called the statute of limitations that places a deadline on your right to file a wrongful death claim. In general, you have no more than two years from the date of your loved one’s death to take legal action. The right wrongful death lawyer in San Antonio can help you navigate complex situations.
The statute of limitations on all personal injury and wrongful death causes of action in Texas is found in Texas Civil Practice and Remedies Code § 16.003. The exact language of this law is as follows:
- 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.
According to section (b) of this law, a wrongful death claim must be filed no later than two years from the date of the deceased person’s death (not necessarily the date of the accident). In this way, it differs from the typical personal injury statute of limitations.
What Happens if You Miss Your Statute of Limitations to File a Wrongful Death Claim?
Statutes of limitations are in place to keep the justice system just for both parties. If the plaintiff (filing party) was permitted to wait as long as he or she wanted to file a wrongful death claim, the plaintiff could feasibly wait until important evidence for the defense was lost or destroyed.
No time limit would also leave the threat of a possible lawsuit hanging over the defendant’s (accused party’s) head indefinitely. For this reason, the courts in Texas strictly obey statutes of limitations. If you miss your time window, the courts most likely will not allow the case to proceed.
Are There Exceptions to the Statute of Limitations?
Yes, there are rare exceptions to the general wrongful death statute of limitations. It is important not to wait or count on being excused, however, as your family could risk losing the right to hold someone responsible forever.
The following unique circumstances may have different statutes of limitations:
- The death of a parent. A minor child has two years from the date of turning 18 to file. Another parent or legal guardian can also pursue a wrongful death sooner on the child’s behalf.
- Delayed discovery. If negligence in relation to your loved one’s death was not obvious, your family may have two years from the date of reasonable discovery to file.
- Fraud. If an individual’s cause of death was covered up or fraudulently concealed, the statute of limitations will not begin until the date of discovery of the fraud.
There is also a law known as the statute of repose in Texas. This law is important to know, as it places an ultimate statute of limitations on a wrongful death claim, regardless of any extenuating circumstances. The statute of repose in Texas is 10 years from the date of death.
When to Consult With a Texas Wrongful Death Attorney
If you lost a loved one under circumstances that seem suspicious or you believe someone else’s failure to act with ordinary or reasonable care caused the death, waste no time in seeking legal advice from a San Antonio personal injury attorney near you.
The wrongful death lawyers at Hill Law Firm Accident & Injury Lawyers offer free initial consultations, where you can tell your story to a lawyer and receive a case review at no charge. If your case has merit, we can take immediate action to help your family seek justice and fair financial compensation before the expiration of your statute of limitations.