Unexpectedly losing a loved one traumatizes an entire family. The time following a tragic event should be for emotional processing and healing. However, Texas wrongful death laws require family members seeking compensation to act soon or face hardship and financial stress.
A Houston wrongful death attorney at Pierce Skrabanek is ready to take the reins and file a civil action within the wrongful death statute of limitations in Texas on your behalf. Contact our office or call (832) 690-7000 to schedule a free consultation. You do not have to walk this road alone.
Surviving family members of the deceased or a personal representative of their estate have two years (Texas Statute §16.003) to file a wrongful death claim in Texas.
While two years may seem like enough time to file a claim, critical evidence in a wrongful death may be eroded by time. Waiting to speak with a wrongful death lawyer means vital documents risk degradation or loss.
.png){kind=icon}
Wrongful death statutes of limitations seem intimidating, but they also protect individuals from the looming threat of civil action against them. Statutes of limitation also prevent case overload in the Texas judicial system.
It’s a long and difficult road, but seeking legal advocacy is a big step in securing your future. The lawyers at Pierce Skrabanek work within the statute of limitations on wrongful death in Texas to pursue the highest level of compensation available. Our record of securing numerous multi-million dollar verdicts and settlements in Texas and nationwide is evidence of our relentless commitment to our clients’ recoveries.
Understanding your loss due to wrongful death requires us to get to know clients on a personal level. We prepare your case as if it is going to trial, and we are ready to litigate your case in court when settlements do not cover your damages.
We strive to provide essential answers about wrongful death damages, imparting our over 30 years of combined experience to clients in dire need.
The Texas wrongful death statute specifies who can file a legal action for a wrongful death. These individuals include:
An executor appointed by the court may file a claim when none of these individuals proceed with legal action within a three-month limited window from a loved one’s date of death. All surviving beneficiaries also have the right to request a wrongful death claim not be filed by an executor (§71.004(c)) or administrator.
The wrongful death statute of limitations in Texas begins at the time of death. There are exceptions to this statute. Your loved one may survive briefly following the accident.
The statute of limitations on wrongful death in Texas will not begin until the date of your loved one's death. Other legal actions may be available starting from the date of the accident. However, filing a wrongful death claim can only take place when a loved one's death occurs, not the day of the accident.
Failing to file a legal claim within this timeframe will bar you from seeking compensation. Our lawyers will work efficiently to identify the negligent parties and file your claim on time.
In Texas, the time limit for filing a wrongful death lawsuit can be paused for certain reasons. According to Texas law (Section 16.001), the clock on this time limit can stop, giving you more than two years to file a wrongful death claim if specific conditions are met.
Exceptions to these statutes are one of many reasons why consulting with a wrongful death attorney at Pierce Skrabanek about your legal rights to pursue compensation is important.
If your parent died and you are younger than 18, the statute of limitations will not begin until your 18th birthday. However, you do not have to wait until that day. A guardian or another parent may file a wrongful death claim on your behalf.
More rarely, the courts may determine you are not mentally capable of filing a wrongful death claim. Determining you are of unsound mind may occur if the incident that results in the death of a loved one also leaves you unable to file a claim for some time. The time limits begin once you can take legal action.
The two-year time limit can also be paused if the person responsible for your loved one’s injuries tries to hide their role in the death.
Our Houston personal injury lawyers will aggressively seek evidence to uncover fraudulence and protect your time limits for filing a wrongful death claim.
For example, fraudulent concealment of liability may occur in a Houston motorcycle accident when a hit-and-run makes it impossible to determine who the negligent party is for some time.
A physician may fail to inform a patient before their death or a patient’s family about a mistake they made during a medical procedure. Therefore, if you had no way of knowing about someone else being responsible for your loved one's death, then the time limit would not start until you were made aware of their involvement.
A Houston medical malpractice attorney may apply the discovery rule to a wrongful death claim following an investigation uncovering a physician’s negligence.
Overall, Texas law bars compensation for wrongful death in a personal injury case after ten years, regardless of any exceptions to the limitations.
If you believe your loved one’s death was caused by medical malpractice or negligence, you may have a strong lawsuit to pursue. The lawyers at Pierce Skrabanek will help you get the compensation you deserve for your pain, suffering, and so much more. Contact our office or call (832) 690-7000 to schedule a free consultation.
The Texas wrongful death statute may allow you to file a claim for negligence in numerous incidents, including:
Car and trucking accidents resulting in death are the most common contributors to wrongful death in Texas. According to Texas car accident statistics, a person suffers fatal injuries in a Texas car accident every two hours and 15 minutes. Most Texas car accident causes leading to wrongful death are preventable.
Truck accidents in Texas also continue to rise in our booming economy. The Texas trucking industry and all commercial vehicles accounted for over 32,500 motor vehicle incidents in 2020, resulting in 580 deaths overall.
The Houston truck accident lawyers at Pierce Skrabanek can provide navigational tools to combat the complexities of determining fault in a truck accident within the wrongful death statute of limitations in Texas.
The wrongful death attorneys at Pierce Skrabanek can help you begin the process of filing a legal action for wrongful death in Texas. Filing a claim with the insurance company differs from filing a wrongful death action. Contact our firm even if you believe the statute of limitations no longer allows you to file a claim.
Scheduling a free consultation lets us identify any legal action available to you. No amount of compensation can fill the void death creates, but it is your legal right to seek damages for your losses due to a Texas wrongful death.
Our team will provide compassionate assistance during life’s most devastating circumstances to seek the best outcome possible. Contact our office or call (832) 690-7000 to schedule a free consultation.
