How Long Do Families Have to File a Wrongful Death Claim in Texas?

Dealing with the loss of a loved one is an incredibly difficult time for any family, particularly when the death was caused by the negligence or misconduct of another. In Texas, the legal system provides a pathway for families to seek compensation through wrongful death claims. Understanding the timeline for filing these claims is crucial for families considering this legal action.

Wrongful death claims in Texas are governed by specific statutes that dictate who can file a claim, what types of compensation may be sought, and most importantly, how long families have to initiate legal proceedings. This guide aims to provide clarity on these questions, helping you navigate this challenging time with the necessary legal knowledge.

Understanding the Statute of Limitations for Wrongful Death Claims in Texas

The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of the deceased person's death. This means that families must file a lawsuit within this timeframe to seek compensation for their loss.

It's important to note that there are certain exceptions to this rule that can extend or alter the filing deadline. For instance, if the death was caused by a criminal act, such as homicide, the timeline might be extended based on the criminal case proceedings. However, these exceptions are relatively rare, and it's essential to consult with a wrongful death attorney to understand how the statute of limitations applies to your specific situation.

Who Can File a Wrongful Death Claim in Texas?

In Texas, wrongful death claims can be filed by the deceased person's surviving spouse, children, and parents. These family members can file the claim individually or as a group. If none of these relatives take action within three months of the death, the executor or administrator of the deceased's estate may file the claim instead, unless specifically prohibited by a surviving family member.

This provision ensures that the rights to seek justice and compensation for the loss are preserved for those closest to the deceased, emphasizing the state's recognition of the profound impact wrongful death has on families.

Types of Compensation Available in Texas Wrongful Death Claims

Understanding the types of compensation that may be available is a critical aspect of considering a wrongful death claim. In Texas, families may seek damages for various losses, including:

• Lost earning capacity of the deceased
• Lost care, maintenance, services, support, advice, and counsel the deceased would have provided
• Mental and emotional anguish, pain, and suffering
• Lost inheritance, including what the deceased would likely have saved and left to surviving family members had they lived a normal, expected lifespan
• Funeral and burial expenses

The aim of these compensations is not only to address the financial impact of the loss but also to acknowledge the emotional and support-related losses suffered by the family.

While no amount of money can replace a loved one, pursuing a wrongful death claim in Texas can provide financial stability and a sense of justice for families grappling with their loss. The key is to act promptly to ensure that your right to file a claim is not lost due to the expiration of the statute of limitations. Consulting with an experienced wrongful death attorney can help you understand your rights and the legal process involved.

If you're navigating the aftermath of a loved one's wrongful death, reach out to us. Our compassionate team is here to guide you through every step of the legal process, ensuring you receive the compensation and justice your family deserves.