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Losing a loved one is one of the most challenging experiences we can face, and when that loss is caused by someone else’s negligence or wrongful act, the pain can feel even heavier. If you're dealing with this kind of loss in Texas and wondering what legal options are available, understanding the statutes of limitations is crucial. Acting within the specified time limit can ensure your family’s right to seek justice and compensation for your loss.
What is the Statute of Limitations?
The statute of limitations is a legal time limit for filing a lawsuit. For wrongful death claims in Texas, this timeframe is typically two years from the date of your loved one’s passing. This means that you have two years to take legal action against the party responsible for the death. Once this deadline passes, your ability to file a claim will likely be barred, regardless of the strength of your case.
Why Does this Deadline Exist?
The statute of limitations isn’t meant to make life harder; it’s designed to encourage timely action and ensure cases are based on fresh evidence. Over time, memories fade, witnesses become harder to locate, and evidence can disappear. Filing within the deadline means your case has the best chance of success.
Are There Exceptions to the Two-Year Limit?
While two years is the general rule for wrongful death lawsuits in Texas, certain exceptions may allow you more time to file. Here are a few scenarios where this might apply:
Discovery Rule
If the cause of death wasn’t immediately apparent and was only discovered later (for example, due to medical negligence that wasn’t obvious at first), the clock might start ticking from the date of discovery rather than the date of death.
Minors Filing Claims
If the wrongful death claim is being filed on behalf of a minor child, the countdown for the statute of limitations may not begin until the child turns 18. This gives the child more time to seek justice for the loss of their parent.
Criminal Cases
Sometimes, a death may be tied to a criminal act. While criminal charges have their own timeline, the civil statute of limitations for a wrongful death claim may be paused during an active criminal investigation.
These exceptions are specific and depend on your unique circumstances, so consulting an experienced wrongful death attorney is key to understanding how they might apply to your case.
Why Acting Quickly is Critical
Even if two years sounds like plenty of time, it’s essential to get started on your case as soon as possible. Building a strong wrongful death case takes time. Attorneys need to investigate the circumstances of the death, interview witnesses, gather medical records or accident reports, and consult with experts when needed. Delaying action could mean missing out on important pieces of evidence or allowing the responsible party to evade accountability.
Additionally, the emotional toll of losing a loved one can make legal matters feel overwhelming, especially if the grief is still fresh. But know that seeking timely legal advice doesn’t have to be stressful. A compassionate attorney will handle the details while you focus on grieving and healing.
Wrongful Death Lawyer in El Paso, TX
Navigating the complexities of wrongful death claims in Texas requires a thorough understanding of the statutes of limitations and the legal processes involved. At Harmonson Law Firm, we are dedicated to providing compassionate and expert legal assistance to those who have lost a loved one due to wrongful death. Our team is committed to helping you understand your rights and ensuring that your claim is filed within the necessary timeframe. If you are in El Paso, Texas, and need guidance on your wrongful death claim, contact us today at (915) 233-6427 to schedule a consultation and take the first step towards justice.