Waco Wrongful Death Statute of Limitations

Timeliness is vital for the success of any legal complaint. In every state, there are firm deadlines for filing personal injury lawsuits. A law limiting a specific amount of time for filing certain types of cases is known as a statute of limitations. The statutes of limitations for different claims can vary from state to state.

It is essential to take legal action as soon as possible when you have lost a loved one due to another’s negligence. It is also vital to keep track of relevant documents and bills from the moment the death occurs. If you wait too long, you may miss out on your chance to be compensated due to the statute of limitations. The legal process can be daunting to handle on your own. It is wise to hire a skilled attorney who is well acquainted with the Waco wrongful death statute of limitations when you are seeking to file a lawsuit for your loss.

About the Statute of Limitations

Statutes of limitations exist to preserve justice. They protect defendants from untimely litigation. Further, these lawful time limits encourage an injured person to practice due diligence in pursuing their claim and to file their case in a timely manner. Timeliness is important because evidence can get lost or forgotten as time goes on.

For wrongful death cases in Waco, the statute of limitations is two years from the date of the cause of action. That is usually the date of the decedent’s death in most cases and not the date of the accident that led to their unjust passing. After the two years expire, the decedent’s eligible relatives miss out on their chance to seek compensation. Although two years may seem like a great amount of time, it is not wise to wait until the end of that period to begin the process of filing a lawsuit. Memories fade, and evidence gets lost. It is wise to hire an attorney sooner rather than later for your wrongful passing case.

Important Exceptions To the Statute of Limitations

Sometimes, the statute of limitations is tolled, meaning it is paused or begins to run at a later date due to a certain factor. That means an eligible surviving relative’s time to file a wrongful death lawsuit gets extended past two years from the date of their loved one’s passing. Some examples of qualifying circumstances are:

The Person Seeking To File Is a Minor

If someone lost their parent while they were still a minor child, their statute of limitations does not start until they turn 18 years old. They then have two years to file. However, they are not required to wait until they are an adult. A parent or guardian can pursue a wrongful death claim on their behalf.

The Negligence Was Concealed

If the person or entity who caused the decedent’s passing intentionally hid their negligence or role contributing to the incident, the statute of limitations does not run until the fraud is discovered.

The Person Who Is Eligible to File Is Incapacitated

If someone was mentally or physically debilitated at the time of their loved one’s death, the clock does not begin until they are competent again.

The Negligence Was Not Obvious

If it was reasonable to be unaware of the negligence causing the death, the cause of action does not arise until the eligible person to file the claim is informed.

Consulting with a Waco attorney, even if a family thinks they may have missed the statute of limitations for a wrongful death suit, can provide some hope when they thought there was none.

Contact Us Today to Discuss Waco Wrongful Death Statute of Limitations

When you lose someone you love due to another’s carelessness, you do not need to handle what comes next alone. The legal system can be convoluted, especially if some time has passed since the date of the incident. Hiring an attorney to handle your case in a timely fashion can give you the peace of mind you need. Reach out to our law firm today for a consultation and a plan to move forward.