Losing a loved one is an incredibly difficult experience, especially when their death is due to someone else’s negligence. Understanding the time limit for filing such a claim is crucial to protecting your rights.
What is the statute of limitations for a wrongful death claim?
In Texas, the statute of limitations for filing a wrongful death claim is typically two years after the deceased person’s death. This means you have a two-year opportunity to take legal action. If you miss the deadline, you may lose your right to seek compensation.
However, there are several exceptions to the norm such as the discovery rule. For example, if the death was not immediately determined to be wrongful, the clock may begin ticking from the date of discovery. It is critical to speak with your legal counsel to know how these exclusions may apply to your situation.
Who can claim compensation?
Texas law specifies who is eligible to file a wrongful death claim. Generally, the deceased person’s surviving spouse, children, and parents can file the claim. If none of these parties file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim unless all the eligible family members request otherwise. It is important to note that siblings, whether biological or adopted, are not eligible to file a wrongful death claim in Texas.
Fighting for justice
Understanding your rights and the legal process can be overwhelming during such a tough time. Filing a wrongful death claim can be complicated and confusing. You may want to seek help from a legal professional who can guide you through the process and represent your interests in court or settlement negotiations.
Acting promptly ensures that you do not miss critical opportunities to seek justice and compensation for your loved one’s sudden death. Remember, you do not have to face this challenging journey alone; you can seek the necessary support throughout the process.