Unintentional injuries are responsible for a significant number of deaths in this country. In 2019, for example, nearly 175,000 Americans died following preventable accidents, making them the third leading cause of death that year.
If you think your loved one’s death could have been prevented, it’s only natural to want justice. While filing a civil suit against those who were to blame won’t bring the deceased back, it could yield the funds needed for your family to carry on in the aftermath.
In the state of Texas, the following parties are entitled to file wrongful death claims:
- The deceased’s surviving spouse, whether through a legal ceremony or by common-law;
- The deceased’s surviving children, whether biological or legally adopted; and
- The deceased’s surviving parents.
If none of these parties take action within 90 days of the date of death, though, the executor may file a wrongful death claim on behalf of the estate. This is assuming that none of the beneficiaries listed above formally requested a claim not be filed during that three-month period.
What Is the Statute of Limitations for Wrongful Death Claims in Texas?
When a wrongful death claim cannot be settled, the family often has no choice but to proceed to court. Since they have a limited amount of time to file a formal lawsuit, however, it’s important to commence the proceedings as soon as possible.
In Texas, the standard statute of limitations for wrongful death suits is two years. That means in most cases, the action must be filed within two years of the date of death. If you attempt to bring a suit after this deadline has passed, the judge will likely dismiss the claim.
It’s worth noting that there are a number of exceptions to this statute, though. Some extend the deadline, while other shorten it.
As such, it’s wise to consult an attorney as soon as you have reason to believe your loved one’s death could have been prevented. Enlisting help right away will give your legal team plenty of time to put together a strong claim and get things underway before any applicable deadlines have passed.
A seasoned wrongful death lawyer should be able to handle every aspect of the claim. There are ways to support their efforts, though, so you can give your case the best chance of success. Examples include documenting damages, refraining from commenting to the press, and avoiding the subject on social media.
Speak with a Houston Wrongful Death Attorney
If your family wants to take action against the party responsible for your loved one’s death, turn to Chelsie King Garza, P.C. for help. Backed by more than 18 years of experience in the legal field, attorney Garza is a compassionate professional who never settles for anything less than her clients deserve.
She’s determined to see every claim through to the end, and if that means going to court, that’s what she’ll do. To schedule your free case review with a tenacious wrongful death lawyer in Houston, call 713-893-8808 or complete her Online Contact Form.
