Losing a loved one is always devastating, especially when someone else’s negligence or wrongdoing caused their death. In Texas, the law allows certain family members to seek justice through a wrongful death claim. But it’s important to act quickly. Like all legal actions, these claims are subject to strict deadlines, and missing the time limit could mean losing the right to pursue compensation altogether. With the help of a wrongful death attorney, keeping up with this deadline is possible.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought by surviving family members when a person dies due to another party’s negligence. In Texas, this type of claim allows close relatives to seek compensation for the emotional and financial losses they’ve suffered as a result of the death.
Common causes of wrongful death include car accidents, medical malpractice, defective products, workplace accidents, and criminal acts. Under the law, only certain individuals can file a wrongful death claim—typically the deceased’s spouse, children, or parents. If none of these individuals file within three months of the death, the executor or administrator of the estate may bring the claim instead.
The Statute of Limitations for Wrongful Death Actions in Texas
In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. This means eligible family members must file their lawsuit within that two-year window, or they risk losing the legal right to pursue compensation. This deadline is outlined in the Texas Civil Practice and Remedies Code § 16.003.
The failure to comply with the statute of limitations can lead to the court dismissing the case entirely, no matter how strong the evidence is. That’s why it’s crucial to consult an attorney as soon as possible to ensure your claim is filed on time.
Avoiding Delay With Wrongful Death Actions
While the law gives families up to two years to file a wrongful death claim in Texas, waiting too long can seriously harm the case. Evidence can disappear, memories can fade, and key witnesses may become difficult to locate. Acting quickly helps preserve crucial details that could strengthen the claim and improve the chances of a successful outcome.
In addition to protecting the legal case, filing promptly can also help families begin the process of financial recovery. Wrongful death claims can cover medical bills, funeral expenses, lost income, and loss of companionship—costs that can add up quickly after a loved one’s passing.
Talk to the Team at Lopez Franco Today
The loss of a loved one is never easy. While wrongful death actions provide you with the chance to seek a degree of justice, it is vital that you move forward without delay. Reach out to Lopez Franco, PLLC, today for a free consultation.