What Is the Wrongful Death Filing Deadline in Texas?
The filing deadline for a wrongful death claim in Texas is two years from the date of the victim’s death. The clock starts to run on the day of death, even if the accident or injury that caused the death occurred prior to that day.
Missing the deadline can have some serious consequences. Keep reading below to learn everything you need to know about wrongful death claims in Texas.
Filing Deadlines for Personal Injury Cases vs. Wrongful Death Claims
The Texas statute of limitations sets the filing deadline at two years for both personal injury claims and wrongful death claims. However, the date on which that clock starts can vary widely.
For typical personal injury claims, the clock starts to run on the day of the accident or injury. This is because the injured person’s right to file a claim starts at that time.
However, the wrongful death time limit starts to run on the day of the victim’s death, not on the date their injury or accident occurred, because the victim’s family does not have a legal right to file a wrongful death claim until their loved one has passed away. This distinction can be very important in situations where a victim survives an accident but later succumbs to their injuries.
Missing the filing deadline for your claim may completely bar you from recovering any compensation for your damages. That is why it is extremely important to seek help from an experienced lawyer as soon as possible after an accident or injury.
Who May File a Wrongful Death Claim?
Not just anyone may file a wrongful death claim in Texas. These claims are limited to specific individuals. In Texas, this right is reserved for the deceased’s closest family members.
Under Tex. Civ. Prac. & Rem. Code Ann. §71.004, a wrongful death claim may be brought by the deceased person’s:
- Surviving spouse
- Children
- Parents
In some situations, the deceased may have no surviving spouse, children, or parents. In that situation, the right to file a claim will shift to the deceased’s estate, allowing the personal representative of the estate to bring a claim for wrongful death.
Are There Any Exceptions to the Two-Year Wrongful Death Filing Deadline?
Wrongful death actions can be extremely complex. While two years may seem like a long time, that time can go by quickly when preparing to file a wrongful death claim. There are a few exceptions to this rule that may extend the deadline.
One of the most common exceptions involved minors. If the deceased had minor children at the time of their death, the statute of limitations will be tolled (paused) until they reach age 18, giving them until age 20 to file a claim for their share of the damages.
Keep in mind that this exception does not apply to the portion of damages belonging to the adult beneficiaries. For instance, a surviving spouse would still need to file their claim before the standard two-year deadline expires.
Other exceptions could apply depending on the circumstances of the case. An experienced wrongful death lawyer can help you determine the filing deadline for your claim so that you do not miss your chance to obtain a financial recovery.
What Is the Statute of Repose?
If your loved one’s death was caused by medical malpractice, the statute of repose may apply. The statute of repose sets a hard deadline for any claim arising from health care liability to be filed within 10 years from the date the act or omission occurred. Unlike the statute of limitations, there are no exceptions or special rules that can extend this deadline.
For example, imagine that your loved one is the victim of medical malpractice and suffers catastrophic injuries. Those injuries eventually lead to death. Even if the victim has minor children at the time of their death, the claim must be filed within 10 years from the date the malpractice occurred.
Contact the Dallas Wrongful Death Lawyers at Benton Accident & Injury Lawyers for a Free Consultation
The rules surrounding filing deadlines for wrongful death actions can be complex. Even if you have a strong case for compensation, filing your claim even one day late can prevent you from recovering anything.
If you need help with a wrongful death claim in Dallas, TX, please contact the experienced Dallas wrongful death lawyers at Benton Accident & Injury Lawyers today. We offer free consultations.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
Find us with our GeoCoordinates: 32.7950252,-96.8241861
About the Author
Jeff BentonJeff Benton is the founder of Benton Accident & Injury Lawyers in Dallas. He represents clients in claims involving truck accidents, car accidents, wrongful death, workplace accidents, and other forms of negligence. Jeff is known for taking on difficult cases that other firms decline and for fighting aggressively against powerful insurance companies and corporate defendants. He was honored with the Dallas Trial Lawyers Association’s John Howie Award for his pursuit of justice and remains committed to helping injured individuals and families throughout Texas. Click here to see some of his notable case results.
