If you lost a loved one in a tragic accident caused by someone else’s negligence, you may be able to file a San Antonio wrongful death lawsuit to seek justice and compensation. However, you don’t have an unlimited amount of time to file this type of case. In most situations, you only have two years to file your case, based on Texas’s statute of limitations.
What is the Statute of Limitations for Wrongful Death in Texas?
Statutes of limitations are time limits for taking legal action after a cause of action arises. They apply in criminal cases as well as civil cases. For example, prosecutors may have to file criminal charges against a defendant within a certain amount of time after the crime was committed. Car accident victims have a certain amount of time after the crash to file a personal injury lawsuit. If a party tries to file a case after the statute of limitations has expired, the court can dismiss the case as untimely.
The Purpose of Statutes of Limitations
Statutes of limitations exist to promote fairness and encourage prompt filings. Lawmakers don’t want parties to stay in limbo after a cause of action arises, so having a time limit to take action provides greater certainty to parties. It also ensures that cases are filed when evidence is available and more reliable, rather than years later, after witnesses have moved away, their memories have faded, or evidence has eroded.
Texas’s Wrongful Death Statute of Limitations
The general statute of limitations for wrongful death cases in Texas is two years. The statute of limitations is two years from the decedent’s date of death, so if you don’t file a wrongful death lawsuit by your loved one’s death anniversary, your case can be dismissed as untimely
Exceptions to the Statutes of Limitations in Texas
There are a few exceptions to the two-year statute of limitations, including:
- The plaintiff is a minor or incapacitated: If the plaintiff was a minor or incapacitated when the death occurred, the statute of limitations can be paused until their incapacity is cured. Therefore, children have two years from their 18th birthday to file the claim, and incapacitated individuals have two years from the date their capacity was restored.
- The negligence was not discovered until later: The discovery rule can apply if the negligence could not have reasonably been discovered immediately after the death. In these situations, the time limit does not start until the negligence is discovered or reasonably should have been discovered.
- The defendant committed fraud: If the defendant actively concealed grounds for a case, the statute of limitations can be tolled two years from when the fraud was discovered.
An experienced San Antonio catastrophic injury attorney can carefully review your case and explain the time limit that applies.
Contact George Salinas Injury Lawyers for Compassionate Legal Representation
Even if you have two years to file a claim, it is usually in your best interest to act faster. Evidence can be lost or destroyed while bills are piling up. At George Salinas Injury Lawyers, we offer a free consultation where we can discuss your case at no cost or obligation to you. Contact us today to get started.