How Much Time Do I Have to File a Wrongful Death Lawsuit in Texas?

wrongful death lawsuit

When someone is seriously injured or killed in Texas because of an irresponsible or dangerous action, the suffering and loss can cause surviving family members and friends a lifetime of grief. While your loved one can never be replaced, you can take action in the form of a wrongful death lawsuit to make sure the responsible party faces just consequences for their actions. A personal injury attorney with experience can streamline the process and take the legal burden off your shoulders. 

What is the Statute of Limitations for a Texas Wrongful Death Lawsuit? 

Texas allows survivors of a victim of wrongful death two years from the date of the death to file a lawsuit. Although filing a lawsuit may be the last thing you want to deal with when you are reeling from the loss of a loved one, it is essential to take action quickly so you can begin the legal process before the statute of limitations runs out. Waiting to act usually results in a case being dismissed and the person responsible for the wrongful death never facing civil consequences. 

Is There Ever Any Exception to the Statute of Limitations? 

There are occasionally circumstances when the statute of limitations can be extended for a wrongful death lawsuit. These include: 

  • The person bringing the case (the plaintiff) is under 18 at the time of the victim’s death, such as when a parent is killed in a car accident and a minor child brings the lawsuit upon reaching legal adulthood
  • The plaintiff has or had a mental or physical disability or impairment that prevented filing the lawsuit before the statute of limitations ran out
  • The person responsible for the case was unknown and could not have been known before the statute of limitations ran out, such as when exposure to lethal chemicals only becomes apparent after many workers have become ill and died 
  • The person responsible for the wrongful death committed fraud, such as trying to cover up evidence of the negligent acts 

Meet with a Carrollton, TX Personal Injury Lawyer

When it comes to pursuing compensation for a tragedy you suffered because of someone else’s carelessness or negligence, time is of the essence. The Carrollton personal injury attorneys at Hartley Law Firm are committed to ensuring you get the best results and fairest compensation that our aggressive, experienced representation can offer. Call us today at 469-289-6063 to schedule a free case review and beat the statute of limitations before it runs out. 


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