New Braunfels Wrongful Death Statute of Limitations

You may have the right to file a wrongful death action following the passing of a close family member, but this opportunity will not last forever. There is a legal deadline that comes with these cases, and it is strictly enforced by the courts.

If you have questions about the New Braunfels wrongful death statute of limitations, now is the time to seek out legal guidance. Complying with this deadline is crucial if you want to secure the compensation you deserve. Let a dedicated wrongful death attorney make sure you file your lawsuit in time.

How to Calculate This Deadline

In general, you have two years to file a wrongful death action. If you file your claim even a day after the expiration of the statute, you can expect the court to dismiss the claim forever. A dismissal with prejudice ends the lawsuit and bars a person from ever filing one again.

Determining when this two-year period begins can be complicated. With personal injury lawsuits, the time starts counting down on the day of the incident. This is not always the case with wrongful death claims. The statutory period only starts to expire on the date a person dies. This can be hours, days, or weeks after the fatal injury occurs.

It might not be easy to attach a specific date to a fatal injury or illness. For example, a person exposed to harmful substances might not develop fatal cancer for years to come. An attorney in New Braunfels can answer questions about the wrongful death statute of limitations.

Tolling the Statute of Limitations

The law provides for several exceptions to the deadlines in these cases. When these exceptions apply, the court will pause—or toll—the statute, which extends the amount of time a plaintiff has to file suit. Some of the exceptions to the New Braunfels wrongful passing statute of limitations include:

Minor Children

Minors are not considered to have the legal capacity to sue in Texas. That means when a juvenile loses a parent due to an act of negligence, the statute of limitations is paused until they reach the age of 18. Minors are not required to wait that long, as they can instead have another parent or guardian sue on their behalf.

Fraud

There are times when the at-fault party takes steps to fraudulently conceal the cause of a person’s death. This might occur in cases of medical negligence where a doctor covers up evidence of a missed diagnosis. The two-year window does not start counting down until the plaintiff knows of the fraud.

Incapacitation

The law provides additional time to file a wrongful death action for anyone who is physically or mentally incapacitated at the time of their loved one’s passing. This often occurs when a person sustains serious injuries in the same accident that led to their relative’s death.

Speak With a New Braunfels Attorney About the Wrongful Death Statute of Limitations

If you are considering a lawsuit after the unexpected loss of a family member, it is crucial that you understand the deadlines that apply to your suit. The right attorney can help you navigate a New Braunfels wrongful death statute of limitations. Call as soon as possible to learn more.