How long do you have to file a wrongful death lawsuit after losing a loved one?

The law allows surviving loved ones to file a wrongful death claim to hold another person or entity responsible for their part in a death. However, they have a limited amount of time to do so. It is vital to keep this deadline – called the statute of limitations – in mind.

How long do you have to file a claim?

Statutes of limitations create a timeframe for beginning legal proceedings. In Texas, the surviving spouse, children or parents of the deceased or the executor of their estate must generally file a lawsuit within two years after the death. If you do not file within this time, you might lose your right to file the claim altogether.

Could the deadline be different in your situation?

There are a few exceptions to the two-year statute of limitations in Texas. For example:

• If the plaintiff is a minor: If someone lost their parent as a minor, the two-year time period does not begin until their 18^th This means that some people may have until they turn 20 to file.
• Mental or physical impairment: If the plaintiff is suffering from a mental or physical impairment, you can file a lawsuit for up to two years after your impairment ends.
• Fraud: If the defendant’s fraudulent behavior prevented the plaintiff from discovering the cause of death, the clock does not start ticking until you uncover that fraud.
• The negligence took time to uncover: Sometimes, it takes time to discover that a person or entity’s actions caused a loved one’s death. In these cases, you have two years from the day you discovered the link between negligence and the death.

If you believe you have a wrongful death claim, an experienced wrongful death attorney can provide you with guidance tailored to your specific situation. Not only can they ensure that you file within the deadline for your situation, but they can also help you preserve evidence and build a strong case.

Understanding and adhering to the statute of limitations is crucial in wrongful death cases, ensuring that you meet necessary deadlines and get the support you need after this profound loss.