How Long Do I Have to File a Wrongful Death Claim in Texas?

Feb 4, 2020
Personal Injury Law

Seeking Justice for Your Loved Ones

Losing a loved one due to someone else's negligence or intentional actions can be devastating. In such cases, you may have the right to file a wrongful death claim, seeking compensation for your loss and holding the responsible party accountable.

The Importance of Timely Action

Time is of the essence when it comes to filing a wrongful death claim in Texas. The state has specific time limits, known as statutes of limitations, which dictate how long you have to initiate legal action. It is crucial to understand and comply with these time limits to protect your rights.

Statutes of Limitations in Texas

In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person's death. However, there are certain exceptions and variations depending on the circumstances of the case.

1. General Two-Year Statute of Limitations

Under normal circumstances, you have two years from the date of your loved one's death to file a wrongful death claim. Failing to initiate legal action within this period may result in your claim being dismissed by the court.

2. Discovery Rule

The discovery rule applies in cases where the cause of death was not immediately apparent or could not have reasonably been discovered at the time. In such cases, the statute of limitations may be extended to two years from the date the cause of death was discovered or should have been discovered with reasonable diligence.

3. Minors and Incapacitated Individuals

If the deceased person was a minor or mentally incapacitated at the time of their death, the statute of limitations may be tolled (paused) until they reach the age of majority or regain their mental capacity. This allows for fair and just access to legal remedies for those who are unable to assert their rights independently.

4. Government Entities

When considering filing a wrongful death claim against a government entity, such as a municipality or state agency, special rules and shorter deadlines may apply. It is crucial to consult with an experienced attorney who can guide you through the specific procedures and time limits involved in such cases.

Protecting Your Rights

When dealing with the loss of a loved one, it is understandable that legal matters can feel overwhelming. However, it is essential to act promptly and seek legal representation from a knowledgeable wrongful death attorney like James D Jones.

Why Choose James D Jones?

James D Jones is a well-respected attorney specializing in wrongful death cases in Texas. With years of experience and a passion for justice, he has successfully represented numerous clients and helped them secure fair compensation for their losses.

Comprehensive Legal Guidance

James D Jones and his team understand the intricacies of Texas wrongful death laws. They will guide you through the entire legal process, ensuring that you understand your rights, obligations, and the relevant time limits.

Timely Action

With a deep understanding of the statutes of limitations in Texas, James D Jones will ensure that your wrongful death claim is filed within the appropriate time frame. By initiating legal action promptly, you maximize your chances of a successful outcome.

Strong Advocacy

James D Jones is a dedicated advocate for his clients. He will fight vigorously to protect your rights, seeking the compensation you deserve for the wrongful death of your loved one. His extensive courtroom experience and negotiation skills make him a formidable advocate both inside and outside the courtroom.

Compassionate Support

At James D Jones, we understand the emotional toll that a wrongful death can take on a family. We provide compassionate support throughout the legal process, ensuring you are always treated with empathy and respect.

Contact James D Jones Today

If you have lost a loved one due to another person's negligence or intentional actions, do not delay seeking legal advice. Contact James D Jones - a trusted attorney with a track record of success in wrongful death cases. Call our office today to schedule a consultation and take the first step towards seeking justice for your loved ones.

Disclaimer

This webpage provides general information only and does not constitute legal advice. Every case is unique, and it is essential to consult with an experienced attorney for personalized guidance regarding your specific situation.

Framerz Yaftali
This article provides important information about filing a wrongful death claim in Texas. ?
Oct 13, 2023