In Texas, family members who have lost a loved one may have legal recourse if the death resulted from another party’s negligence or misconduct. Here’s a short overview from a wrongful death lawyer in Houston, TX, of the legal deadlines for filing a wrongful death lawsuit in Texas.
Texas’ Statute of Limitations for Wrongful Death
In Texas, the surviving family members, typically the deceased’s spouse, children, or parents, have two years from the date of the individual’s passing to file a wrongful death lawsuit. State law specifically allows the deceased’s spouse, children, or parents to bring a claim. Siblings and more distant relatives do not have standing to file, even if they were close to the deceased.
Multiple eligible family members can file a joint claim or a single individual can pursue the lawsuit independently on behalf of all eligible family members. If no family member brings a claim within three months of the death, the estate’s executor or administrator may file, provided there’s no opposition from the family.
The Impact of Missing the Filing Deadline
If the deadline passes, Texas courts will likely dismiss the case, meaning the family forfeits their right to compensation. Texas law does not provide many options for extending the filing deadline in wrongful death cases. Courts may allow exceptions only under specific, rare circumstances.
Exceptions to the Two-Year Rule
In some cases, families may not immediately realize they have grounds for a wrongful death lawsuit, such as if new information about the circumstances of the death surfaces. If so, the “discovery rule” may apply. If evidence is hidden or delayed, such as in medical malpractice or defective product claims, the statute of limitations might begin from the date they discovered or should reasonably have discovered the cause of the death.
Another exception may be made if the wrongful death involved a government entity. The deadline here is shorter, and you’ll have to file a notice of claim with the relevant agency shortly very after the incident to be allowed to bring a lawsuit.
Filing for Wrongful Death When There Is a Criminal Case
Wrongful death claims are civil cases and operate independently of criminal proceedings. Families do not need to wait for a criminal trial to be completed to file their claim. Conversely, even if the accused is acquitted in a criminal court, the family may still have grounds for a wrongful death claim in civil court, where the standard of proof is different.
How to Begin a Wrongful Death Claim in Texas
Starting a wrongful death lawsuit in Texas begins with collecting evidence, identifying the liable party or parties, and establishing who is eligible to file. Once the claim is filed, the claim may be settled outside of court. However, if settlement negotiations fail, the case will go to court, and both sides will have the opportunity to present evidence and arguments. For more information, click here.
In a time of grief, legal assistance can make a significant difference in filing a wrongful death claim. It’s wise to consult with an attorney as soon as you suspect a wrongful death.
