Seguin Wrongful Death Statute of Limitations

Losing a loved one is never an easy experience, but when your loved one dies due to another person’s careless actions, coping with the loss can be even more difficult. Under Texas law, certain family members or designated representatives of the decedent’s estate can file a wrongful death claim on their behalf. However, there are strict legal and procedural requirements to adhere to when filing a wrongful death claim. One of the most important requirements is the Seguin wrongful death statute of limitations, which determines how long an individual bringing a cause of action has to file the claim.

If you are considering legal action after the death of a family member or close relative and believe negligence was a factor, be sure to consult a legal professional. As experienced wrongful death attorneys, we know the legal hurdles you might face when filing a claim, including Texas’ statute of limitations and the exceptions to this rule. To discuss your claim, contact our office for a free consultation.

Wrongful Death Statute of Limitations in Texas

Every state has a time limitation on personal injury claims. In Texas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the victim’s death. Eligible family members or designated representatives of the decedent’s estate usually have only two years from the date of the death to file a claim. Failure to file a wrongful death claim within the applicable time frame could mean losing the right to compensation entirely.

When a wrongful death lawsuit is filed after the statute of limitations has passed, the Seguin court will likely dismiss it automatically, leaving the victim’s loved ones without any compensation for their loss.

Exceptions to the Statute of Limitations

Although it is always advisable to adhere to the statute of limitations in a wrongful death case, there are some circumstances where this rule may not apply. Some exceptions to the two-year statute of limitations in Texas might include:

The Discovery Rule

If, after someone’s death, it is not immediately apparent that negligence was a factor, the discovery rule may apply. In these instances, the statute of limitations is tolled, and the two-year timeframe will not start until the person bringing the claim could have reasonably discovered the true cause. For example, if fatal injuries were caused by negligence that was not immediately apparent, the statute of limitations may not start counting down until that negligence is discovered.

Fraud

The two-year countdown is paused if the at-fault party deliberately tried to conceal their liability. The person bringing the wrongful death claim has two years from the date they learn of the concealment to file a lawsuit. An example of this might involve falsified medical records or other evidence that conceals the responsible party’s liability for the death.

Mental or Physical Impairment

Suppose a family member with a cause of action for wrongful death suffers from a mental or physical impairment that prevents them from filing within two years. In that case, the statute may be extended to accommodate the incapacity.

Age

Likewise, if the person bringing the cause of action is under eighteen, the statute of limitations can be tolled until they reach the age of majority.

To determine if your wrongful death claim is eligible to toll the statute of limitations, consult a Seguin lawyer.

Consult a Seguin Attorney About the Statute of Limitations for Your Wrongful Death Claim

When you are coping with the untimely death of a loved one, legal action is probably the last thing on your mind. It is understandable that someone could run the risk of missing the Seguin wrongful death statute of limitations during their grieving process.

For this reason, if you believe negligence was a factor in your loved one’s passing, you should consult a lawyer early on. The sooner you contact an attorney, the sooner they can begin working on your claim. To discuss your legal rights and remedies after the wrongful death of a family member, contact our office for a free consultation with a compassionate legal professional.