How Long Do You Have To File A Case? Texas Wrongful Death Statute Of Limitations.

When you lose a loved in suddenly, such as in a traffic accident or due to an on-the-job accident, the absolutely last thing on your mind is getting an attorney and filing a wrongful death lawsuit against the responsible party. In fact, in the days and weeks after a death in the family, you are probably overwhelmed with mourning, final arrangements and notifying family. Even in the months after tragedy strikes, you are probably overwhelmed with completing the smallest daily tasks and simply getting out of bed in the morning.

However, as time goes on, you may be able to focus more on exactly what happened to cause the accident, whether the accident should have been prevented, and whether negligence contributed to its cause. As more information about the accident and the cause of death is collected, your sadness and grief may be compounded by the realization that this should have never happened. But is it too late to call a lawyer and determine whether or not your should file a wrongful death lawsuit?

In Texas, family members generally have two years from the date of the death to file a wrongful death lawsuit. If you try to file a case after this statute of limitations, you will be barred from doing so. The only common exception to this rule is if new evidence comes to light after the death that makes it clearer that negligence may have been involved in the accident. In these cases, families have two years from the date of the discovery to file their case. Other exceptions involve cases regarding minors or those with special needs.

While there is a two-year window to file wrongful death cases in Texas, we urge families to act as soon as they can after the accident occurs. Why? It is often easier to collect accurate evidence, such as photos and witness statements, as soon as poosible after the accident.

Would you like to speak with an attorney about a Texas wrongful death case? Contact us today to schedule a confidential, free meeting.