How long do you have to file a lawsuit for wrongful death?
The law calls the time you have to file a lawsuit the “statute of limitations.” In Texas, that is two years after the cause of action. You typically have two years, beginning on the day of the death of your family member, to bring a wrongful death claim to seek compensation for the loss of a loved one.
But the statute of limitations may start later under certain conditions. We call the suspension of the limitations period “tolling the statute of limitations.” The practical result is that you have more than two years from the date of your loved one’s death to bring a wrongful death claim, regardless of whether the statute of limitations is postponed or at some point suspended.
When is the time to file a wrongful death lawsuit suspended?
- You are under 18. Your statute of limitations does not start to run if you lost a parent when you were a juvenile until you were 18 years old. After becoming 18 years old, you have two years to launch a wrongful death lawsuit. You are not forced to wait, though. While you are still a juvenile, another parent or guardian may file a wrongful death lawsuit on your behalf.
- The negligence was not discoverable. Your cause of action did not emerge until you were notified if you had a reasonable excuse for not knowing that the carelessness of another person or entity was the cause of the death of your loved one. Your two-year statute of limitations does not start to expire until the day you knew about the carelessness, even if you just found out about it years later.
- The carelessness was fraudulently covered up. Your statute of limitations does not start to run until you become aware of the deception if the person who was negligent or willfully hid their role in the death of your loved one.
- You are incapacitated. The clock does not begin until you regain competency if, at the time of the death of your loved one, you were physically or mentally disabled. If you were hurt in the same accident that claimed the life of a family member, this is a frequent occurrence.
Hire a Wrongful Death Lawyer Before Time Runs Out
Cases involving wrongful death involve challenging legal processes. It is crucial to hire a lawyer with expertise in wrongful death. David P. Willis is board-certified in personal injury trial law. Only 1,300 lawyers in Texas have that honor, and he is one of them. He has delivered outstanding results for his clients, and he will put in the same effort for you.
To schedule a private and cost-free consultation for your wrongful death case, call us or use our free online form to get in touch with our legal company right now. You and your family may be entitled to significant monetary compensation for your losses under the law, but you need a wrongful death attorney to file a wrongful death claim on your behalf and to fight for your rights.
Get in touch with us to begin pursuing the compensation you or a member of your family is due following a death in the family. Don’t delay, since the statute of limitations, which is also known as filing deadlines, does apply and begins to run as soon as the accident or death occurs. Make sure you comprehend the statutes of limitations by speaking with a lawyer. Contact us online or by phone at 1-800-883-9858.