Statutes of Limitations for Wrongful Death in Texas

If you have experienced the loss of a loved one due to wrongful death, the last thing you may want to think about is how your legal rights are affected. The law surrounding wrongful death, however, allows legal action to be taken only for a limited period of time. When this period has elapsed, you will no longer have the option of filing a lawsuit. A Sugar Land wrongful death attorney at our firm can answer your questions about how much time you have to take action.

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What Are Statutes of Limitations?

Understanding Time Limits in Wrongful Death Cases

A statute of limitations is a law that restricts the amount of time a plaintiff has to file a lawsuit. It helps to ensure that the legal process moves forward and that evidence is still available and fresh in the minds of witnesses. When the statute of limitations has run, there is no longer an entitlement to take legal action on a matter. This gives a serious responsibility to people who may wish to file a lawsuit.

What Is the discovery rule?

The León Law Firm provides comprehensive legal services for families dealing with time limits in wrongful death cases:

Two-Year General Rule

Texas law generally gives you two years to file most wrongful death cases. This two-year period usually starts counting from the date of death. You must file your lawsuit before this deadline ends. Sometimes, the two-year countdown begins on a different date, depending on the specific facts of your case. We help families understand when their time limit starts. We also help you quickly gather evidence so nothing is missed, and we ensure all paperwork is filed before the deadline.

Discovery Rule Exceptions

Some wrongful death cases apply the “discovery rule.” This means the two-year time limit starts when you discover the cause of death, not necessarily when death occurred. This often applies in medical malpractice cases where the cause of death isn’t immediately clear. We help families understand when the discovery rule applies, and we assist in proving when you should have reasonably known about the wrongful death.

Minor Beneficiary Extensions

When the wrongful death involves minor children as beneficiaries, special rules may apply. In some cases, the statute of limitations may be extended until the child reaches age 18. However, these rules are complex and have exceptions. We help families with minor children understand their rights, making sure no time limits are missed that could affect the children’s future claims.

Why Choose The León Law Firm for Statutes of Limitations Issues: Our Specialized Approach

When you deal with time limits in wrongful death cases, learn more about The León Law Firm and why we stand out. The León Law Firm is different because:

Time Limit Expertise

We understand all the different statute of limitations rules in Texas. We know when exceptions apply and how to protect your rights.

Prompt Action

Our team acts fast to investigate your case and file within all deadlines. We don’t delay when time is running out.

Thorough Case Review

We examine all the facts to determine the correct statute of limitations for your case, considering all possible exceptions.

Immediate Assistance

Our Spanish-speaking staff is ready to help you understand time limits right away. We don’t delay when deadlines matter.

No Upfront Fees

We handle wrongful death cases on a contingency basis. You pay nothing unless we win your case.

Proven Results

Our track record includes significant recoveries in cases where we had to act quickly to meet deadlines.

Attorney Services: Frequently Asked Questions About Statutes of Limitations

Our experienced legal team answers common questions about time limits in wrongful death cases:

Understanding Time Limits

What is the statute of limitations for wrongful death in Texas?

The general rule is two years from the date of death. However, this can vary based on the specific facts of your case. Some cases use the discovery rule, which starts the clock when you discover the cause of death. Other cases may have different time limits based on who caused the death or special circumstances.

When does the two-year time limit start?

Usually, the time limit starts on the date of death. But in some cases, it begins when you discover that the death was caused by someone else’s wrongdoing. This is called the discovery rule. It often applies in medical malpractice cases where the cause of death isn’t obvious immediately.

What happens if we miss the statute of limitations deadline?

If you miss the deadline, you generally lose your right to file a wrongful death lawsuit. The court will dismiss your case, regardless of how strong it is. This is why it’s so important to contact a lawyer quickly after a wrongful death. There are very few exceptions that allow for late filing.

Legal Process & Deadlines

Can the statute of limitations be extended or paused?

In very limited situations, the statute of limitations can be “tolled” or paused. This might happen if the defendant leaves the state or if there are ongoing criminal proceedings. But these exceptions are rare. It’s always best to assume the normal two-year rule applies and act quickly.

What if we're still waiting for the autopsy or investigation results?

You don’t have to wait for all the investigation results to file your wrongful death lawsuit. We can file the case and continue gathering evidence during the legal process. Waiting for final reports could cause you to miss the statute of limitations deadline. We help families file on time while investigations continue.

How quickly should we contact a wrongful death lawyer?

You should contact a lawyer as soon as possible after the death. Evidence can disappear quickly, and witnesses’ memories fade. The sooner we start working on your case, the better we can preserve evidence and meet all deadlines. Don’t wait until close to the two-year deadline.

What documents do we need to determine our statute of limitations?

We need the death certificate, any autopsy reports, medical records, and information about how and when the death occurred. We also need to know when you first suspected the death might have been caused by someone else’s wrongdoing. This helps us determine which statute of limitations rule applies to your case.

Special Circumstances

Are there different time limits for medical malpractice wrongful death cases?

Medical malpractice wrongful death cases still follow the two-year rule, but they often use the discovery rule. This means the time limit starts when you discover the medical error that caused the death. However, there’s also a 10-year maximum limit from the date of the medical treatment, regardless of when you discover the error.

What if the person who caused the death is a government employee?

Cases against government entities have special rules and shorter time limits. You may need to file a notice of claim within 90 days of the death. The lawsuit itself may still have a two-year limit, but missing the initial notice requirement can end your case. We handle all government liability cases with extra care due to these specific rules.

How do minor children affect the statute of limitations?

When minor children are wrongful death beneficiaries, the rules can be more complex. In some cases, each child may have their own statute of limitations that doesn’t begin until they turn 18. However, this doesn’t apply to all wrongful death cases. The specifics depend on who is filing the lawsuit and their relationship to the deceased.

Browse our significant case results to see examples of wrongful death cases where we successfully met all statute of limitations requirements.

What Clients Say About Our Statutes of Limitations Services: Real Testimonials

Our work has helped many families file their wrongful death cases on time and get the justice they deserve. Read our reviews to see how we handle time-sensitive cases with urgency and care.

Statutes of Limitations: Areas We Serve Statewide

The León Law Firm helps families throughout Texas meet statute of limitations deadlines in wrongful death cases. We focus on Harris, Fort Bend, Montgomery, Brazoria, Galveston, and El Paso counties, including cities such as:

Legal Cases: Notable Statute of Limitations Success Stories

Our legal settlements team has filed many successful wrongful death cases within all required time limits.

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Contact The León Law Firm: Get Help with Time Limits Today

Ready to discuss your wrongful death case and understand your time limits? Contact The León Law Firm today for a free review:

The León Law Firm, P.C.
One Sugar Creek Center Blvd, Suite 980
Sugar Land, Texas 77478
Direct Line: (281) 980-4529
Email: info@theleonlawfirm.com

Available: 24/7 for time-sensitive wrongful death cases. Can’t come to us? We’ll come to you. Evening and weekend meetings available. Spanish-speaking staff are always available.

Don’t wait—time limits are strict in wrongful death cases. Call now to protect your rights.

Legal Blog & Resources: Stay Informed About Wrongful Death Time Limits

Stay up to date on statute of limitations rules, wrongful death law changes, and filing deadlines through our regularly updated blog and legal resources.

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