When to File a Lawsuit: Wrongful Death Statutes of Limitations

By Hardin Ramey on April 11, 2019

Statue of Lady JusticeThere is no pain that could ever compare to the grief felt by those who have lost a loved one. It can be even more difficult to get through a grieving period when a death is sudden or unexpected, as is the case with wrongful death.

Wrongful death describes any situation in which the wrongful act, reckless behavior, or neglect of one individual or party causes the death of another. This may include incidents such as car accidents, workplace accidents, medical malpractice, or assault.

Surviving spouses, children, or parents may have a right to seek financial compensation for damages related to wrongful death by filing a wrongful death lawsuit. However, it is important that they file a suit in a timely manner.

Attorney Hardin Ramey explains regulations regarding wrongful death and statutes of limitations to our Dallas, TX clients so that they do not miss out on the damages they are legally due.

Wrongful Death Time Limit

Per Texas law, surviving family members have a two-year timeframe in which to file a wrongful death lawsuit after the death of a loved one. Initially, two years may seem like a significant amount of time. 

However, most loved ones need at least several months’ time to grieve and process the shock of a wrongful death. It may take some time before they even begin to realize the financial and emotional losses that will be associated with the loss of the family member.

It is important to make note of the fact that statutes of limitations begin at the time of a person’s death, not at the time of the accident or incident that caused the death. So, for instance, if someone is injured in a car accident and then dies after spending months in the hospital for treatment, the two-year statute would begin on the date that the victim died, not on the date of the car accident.

Are There Exceptions to Statutes of Limitations?

Although they are not common, statute of limitation exceptions can be made in very specific circumstances. If a surviving loved one has not filed a wrongful death lawsuit within two years of their loved one’s death, they may wish to speak to Mr. Ramey to find out if any of these exceptions apply to their situation.

Damages in a wrongful death case can be significant, so it is worth exploring every potential legal option to avoid missing out on the compensation that wrongful death victims may be due.

Learn More

If you have questions regarding who is able to file a wrongful death suit, when the lawsuit should begin, or what type of damages may be due, attorney Hardin Ramey and our legal team would be happy to provide you with answers. To learn more, contact us at your earliest convenience, or call us at (972) 437-5577 in Dallas to set up a personal consultation.

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