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The Texas wrongful death statute of limitations is two years from the date the cause of action arises. If you seek compensation for losing a family member due to the negligence of another, you only have two years to file your case in Texas.
You have a limited time to act to file a wrongful death case in Texas. While losing a loved one can be incapacitating, hiring a Houston wrongful death attorney to get started on your case is a step toward justice for the deceased and the surviving family members.
What is the Texas Statute of Limitations for Wrongful Death Claims?
What is the Texas Wrongful Death Statute of Limitations?
Losing a loved one due to someone else’s negligence, gross negligence, or wrongdoing is an unimaginable tragedy. If you find yourself in this heartbreaking situation and believe you have a wrongful death case, it is crucial to understand the statute of limitations in Texas.
The statute of limitations refers to the timeframe you must file your lawsuit. In Texas, the statute of limitations for wrongful death cases is generally two years from the date of the accident causing the wrongful death in Texas. You have two years to initiate legal action against the responsible party.
Additional rules and limitations may apply if the wrongful death case involves a governmental entity. If the wrongful death was caused by the actions of a government entity or a government employee, there might be special rules and shorter timeframes for bringing claims against them. For example, sovereign immunity is not waived for all government actions.
There are exceptions and limitations, and some government functions or activities may still be protected from liability. In such cases, consulting with an experienced personal injury attorney who can navigate legal complexities and protect your rights is crucial.
Failing to file a wrongful death lawsuit within the statute of limitations can result in a complete bar to your right to file a wrongful death claim, meaning you may lose your right to seek compensation for the loss and the damages suffered from fatal injuries by your loved one.
Therefore, acting promptly and seeking legal advice immediately is essential if you believe you have a wrongful death case.
The Purpose of the Statute of Limitations in Texas
The statute of limitations is in place to ensure that cases are filed within reasonable time limits, allowing for a fair and efficient legal process. Failing to file a lawsuit within the specified period may result in losing your right to seek compensation for the wrongful death.
There are many reasons behind a law limiting the time to file a lawsuit. First, over time, evidence can be suspected of being lost, destroyed, or unreliable. Meanwhile, likely witnesses may disappear, or their memories might fade too long after death. On the other hand, a reasonable time limit ensures that courts can effectively manage their caseloads and focus on current and pressing matters.
It is important to note that the statute of limitations may be extended or shortened depending on the case’s specific circumstances. Consulting with an experienced personal injury attorney is crucial to understanding the applicable laws and deadlines that may apply to your situation.
Act Quickly to Protect Your Claims
In such challenging times, dealing with legal matters can be overwhelming, but acting within the statute of limitations is crucial to protecting your rights and seeking justice for your loved one’s death. If you believe you have a wrongful death case, I highly recommend consulting with a top-rated personal injury attorney in the greater Houston area to guide you through the legal process and advocate for your interests.
At Baumgartner Law Firm, we understand the emotional and financial burdens of losing a loved one due to someone else’s actions. Our experienced team of personal injury attorneys provides compassionate and assertive legal representation for a wrongful death claim in Texas.
Bringing a wrongful death claim under the Texas wrongful death statute is open to the immediate surviving family members in Texas. A wrongful death action required help from an experienced attorney.
A Wrongful Death Claim Requires a Top Attorney
A top personal injury lawyer to handle your case should be a priority. What you need to know about Wrongful death cases in Texas is more than just the statute of limitations.
Wrongful death lawsuits in Texas often take some time to get to a resolution. Selecting the best wrongful death lawyer near you should be a priority after a fatal car accident.
Are There Any Exceptions to the Wrongful Death Statute of Limitations in Texas?
Yes, there are exceptions to the wrongful death suit statute of limitations in Texas. The general statute of limitations for wrongful death cases in Texas is two years from the event that caused the deceased person’s death.
Survival claims stem from injuries received in an accident before the death of your loved one.
There may be some circumstances in which you must act quicker than the general statute of limitations. An example can be if a dangerous product causes a family member’s death. In Texas, some older products may be covered by a statute of repose, which limits the ability to sue for damages like the death of a family member caused by some older products.
Another example is the notice requirements for governmental entities. While these notice requirements are not “statutes of limitations,” they can impact your ability to proceed with a claim. In Texas, there can be requirements about giving necessary information to governmental entities included in a case. Failing to follow the rules can jeopardize your court case.
It is important to note that exceptions to the general statute of limitations for wrongful death attorneys may vary depending on the specific circumstances of each case. Therefore, if you believe you have a wrongful death claim, it is crucial to consult with one of the best personal injury attorneys in Houston who specializes in wrongful death cases. They can provide accurate and tailored legal advice based on your unique situation.
Contact a Houston Wrongful Death Attorney with Over 35 Years of Experience
If you have lost one or more family members because of a negligent act, recklessness, or wanton behavior, you may be entitled to bring a wrongful death lawsuit for compensation under Texas state law. The best approach is to contact the best Houston wrongful death attorney immediately. Our experienced wrongful death lawyer can explain the statute and what is required for wrongful death actions.
Call Baumgartner Law Firm in Houston and speak with attorney Greg Baumgartner at 281-587-1111. Mr. Baumgartner is a preeminent rated attorney with decades of experience in recovering maximum compensation for families and Texas wrongful death lawsuits concerning trucking accidents, automobile cases, dangerous products, and work-related injuries.
Contact a Texas wrongful death attorney at Baumgartner Law Firm in Houston for help.
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
Related Resources:
- Filing a Wrongful Death Case in Texas
- How Long Do Wrongful Death Lawsuits Take in Houston?
- How Much are Wrongful Death Settlements In Houston?
- Types of Wrongful Death Cases in Houston
- Compassionate Advocates for Consortium Claims in Texas
- What Are My Chances of Winning a Wrongful Death Suit
- Texas Wrongful Death Beneficiaries
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