Leander Wrongful Death Statute of Limitations
Grief following the loss of a beloved family member can last for months, years, and sometimes longer. During this time, you may reflect on the memories and the final moments you had with your loved one. At some point, you decide how to carry on their legacy and the best way to put them to rest. Along with this decision comes many questions—especially when you were a dependent spouse or child.
When your loved one’s passing was the result of negligence, you have the option of bringing a wrongful death lawsuit against those responsible. To assist you with this process and ensure you do not file after the Leander wrongful death statute of limitations, contact a dedicated attorney. Our lawyers can work to file your case before the expiration date.
Time Limit To File a Wrongful Passing Lawsuit
The statute of limitations indicates the filing of a wrongful death lawsuit in Leander must begin by a specific date. Under Texas Civil Practice & Remedies Code § 16.003, representatives of a deceased person’s estate have two years from the person’s passing to bring a wrongful death action against a negligent person or company. For example, when a person was severely hurt on the job on a Monday but succumbed to their injuries on a Friday, the clock would start on Friday and not Monday.
A competent attorney can explain this complex process in more depth, review a person’s situation, and determine how much time they have left to bring an action for wrongful death.
Possible Exceptions to the Statute of Limitations Rule
There are exceptions to the two-year statute of limitations for wrongful death cases, including:
- The person bringing the lawsuit was not of legal age at the time of their parent or guardian’s passing
- The person did not know their family member or spouse’s death was the result of wrongful acts because the negligent person attempted to cover it up through fraud or some other illegality
- The person was unaware that their loved one’s passing was due to negligence because it was not clear based on the facts known to them at the time
- A person is mentally or physically incapable of filing a lawsuit at the time of their loved one’s death
These exceptions are known as tolling the statute of limitations. This means the period to file is either stopped or paused. A knowledgeable Leander lawyer can help individuals and families understand any statute of limitations exceptions in their wrongful death claim.
Final Deadline For Bringing a Wrongful Death Action
While there are exceptions to the two-year time limit to bring a wrongful death lawsuit, there is a final deadline of ten years. This deadline is final regardless of whether a person did not know their relative’s passing was the result of misconduct.
The statute of limitations can sneak up on a family when they least expect it. A lawyer can ease the stress by getting their case in the legal pipeline so they can seek monetary compensation for their loss.
Contact an Attorney to Determine the Leander Wrongful Death Statute of Limitations
Filing a claim after the statute of limitations ends could mean a family cannot seek compensation for their loss. When you lose a loved one, legal action is the last thing on your mind. Unfortunately, a family needs to think about their legal options before time expires. Reach out to an attorney to learn more about Leander wrongful death statute of limitations. Do not wait to secure the compensation your family deserves.
