Wrongful Death Statute of Limitations

San Antonio, Texas Accident Death Lawyer Michael Grossman explains the Statute of Limitations in a Wrongful Death Case

Losing someone you love in an accident is never easy. Our lawyers understand that most families go through a grieving process after such a loss. But if you wish to bring those responsible for your loved one’s death to justice, it is important that you act quickly.

The wrongful death statute of limitations effectively limits the amount of time you have to file a lawsuit – and even within that limit, the earlier you file a claim, the better.

Put simply, a statute of limitations is the amount of time after an accident in which a victim may take legal action. According to Texas law, in wrongful death cases, victims have two years from the date of the accident to resolve a claim or file a lawsuit. Filing a lawsuit extends the deadline further. However, numerous exceptions to the statute of limitations exist. San Antonio wrongful death attorney Michael Grossman is here to outline these exceptions for you so that you can understand exactly your situation.

The plaintiff is a Minor Child

In cases where a minor child would be eligible to file a wrongful death lawsuit, the statute of limitations does not expire until the child turns twenty. In other words, the two-year statute of limitations does not begin to expire until the child turns 18 and is of legal age. For example, if a child loses a parent in an accident when he or she is 15, that child would have 5 years (until he or she is 20) to file a wrongful death lawsuit.

Another option is for the child’s parent or guardian to file a lawsuit on the child’s behalf. This is usually a better option because the evidence necessary to win a wrongful death case may not exist by time the child comes of age. In situations where a parent or guardian is filing a claim on the child’s behalf, a non-biased, third-party attorney will review the settlement terms after the case is resolved to make sure that the terms of the settlement are in the child’s best interest.

This exemption to the two-year statute of limitations is designed to make sure that, even if a parent or guardian does not wish to file a lawsuit on the child’s behalf, the child can still seek compensation once he or she comes of age.

Cases in Which the Exact Date of the Victim’s Death is Unknown

In some situations, a victim’s family may not know when or even if a family member has died. In these cases, the statute of limitations is extended. For example, our firm recently handled a case involving the death of a young woman. The woman’s family for years thought that the woman was simply missing. Eventually, her murderer confessed, but more than two years had passed since the woman’s death. But since the family did not know that the woman had died until much later, they were able to file a wrongful death lawsuit anyway because the statute of limitations had been extended.

When the Family of the Victim Could not Immediately Identify the Defendants or Their Negligence

Texas wrongful death cases are affected by the discovery rule. This means that the statute of limitations does not begin to expire until a prudent individual would be aware that he or she had cause for a lawsuit. Essentially, if a person does not realize that one of their family members died due to negligence until many years later, that person generally may still file a wrongful death suit.

For example, consider a theoretical case wherein a man begins taking an experimental medication and dies due to complications caused by that drug. Twelve years later, studies reveal that the drug was defective and that the man likely died because of the drug. The man’s wife or children could then file a wrongful death lawsuit, since they did not realize that the man had died due to negligence until much later.

Fraud Committed by the Defendant

In some cases, a defendant will fraudulently conceal his or her involvement in the victim’s death, thereby escaping legal liability for more than two years. But if it is later revealed that the defendant was in fact liable in the victim’s death, then a wrongful death lawsuit could be filed, even though the statute of limitations has expired.

Mental or Physical Inability to File a Claim

If a plaintiff is unable to file a wrongful death claim due to some inability, then the statute of limitations is usually extended. For example, say a husband and wife are involved in a car accident. The wife dies in the accident, while the husband enters a coma for four years. When he comes out of the coma, he would have two years to file a wrongful death claim over his wife’s death, since he was physically unable to file a lawsuit during the normal period of time allotted by the statute of limitations.

Our Firm is Here for You

The statute of limitations is only one of many complications present in a wrongful death lawsuit. These claims are extremely complex, and they should not be handled by an inexperienced firm. Our attorneys have been helping family seek justice through wrongful death claims for twenty years, and we have successfully resolved hundreds of wrongful death cases in all kinds of practice areas. Our attorneys are dedicated to bringing those responsible for your loved one’s death to justice. So if your family has lost a member due to negligence, contact San Antonio wrongful death lawyer Michael Grossman today, and let us help you and your family get the compensation you deserve.