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Time limitations for filing a Texas wrongful death lawsuit

There are strict time limits for filing a wrongful death lawsuit. These limits are the statute of limitations. Understanding these time limits is important to ensure you file in time for the court to hear the case.

The two-year deadline

Texas law generally gives surviving family members two years from the date of the person’s death to file a wrongful death lawsuit. If you fail to file a claim within this timeframe, the court may dismiss the case, and the family may lose their right to compensation.

Exceptions to the two-year limit

There are a few exceptions to the two-year statute of limitations that may extend the deadline. These include:

  • Discovery rule: If the cause of death wasn’t immediately known, the two-year period may start when the family discovers or should have discovered the cause.
  • Minor children: If a child files the lawsuit, the court may extend the statute of limitations until they turn 18.
  • Criminal cases: If the responsible party faces criminal charges, the court may delay the wrongful death lawsuit until the criminal case resolves.

Why acting quickly matters

Even though there may be exceptions, it’s important to act quickly if you plan to file a wrongful death claim. Evidence can disappear over time, and witnesses may forget crucial details. Working with an attorney early on ensures you have the best chance of building a strong case within the required timeframe.

Know the time limitations

Filing a wrongful death lawsuit requires attention to specific deadlines and legal nuances. Taking prompt action helps preserve the integrity of the case and ensures you take all of the necessary steps. Being proactive can make a significant difference in pursuing justice for your loved one.

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