How long do I have to file a wrongful death claim in Texas?

Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. This means that you have a limited window of time to initiate legal action seeking compensation for the wrongful death of a loved one.

The purpose of the statute of limitations is to ensure that legal disputes are resolved in a timely manner, and it applies to various types of civil claims, including wrongful death cases. Failing to file a claim within the specified time frame can result in the court dismissing the case, barring you from seeking compensation for your loss.

It is crucial to understand that the two-year time limit begins to run from the date of the deceased person’s death, rather than the date when the cause of death was discovered or when the wrongful act occurred. This is known as the “discovery rule” in Texas, which allows the statute of limitations to start from the date the death occurred, even if the cause of death was not immediately known.

However, there are certain exceptions to the general two-year statute of limitations. For instance, if the wrongful death claim arises from medical malpractice, the statute of limitations may be extended to two years from the date the cause of death was discovered or should have been discovered through reasonable diligence.

It is important to consult with an experienced wrongful death attorney to understand the specific details and circumstances of your case. They can guide you through the legal process, ensure all necessary documents are filed within the appropriate time frame, and help you seek the compensation you deserve.