When someone dies because of another person’s negligence or wrongful act, the family needs to know the Houston wrongful death statute of limitations. A clear understanding of these deadlines and what they mean for your case is crucial if you are thinking about filing a claim.
There are some exceptions to the statute of limitations, and a wrongful death attorney at Williams Hart & Boundas can answer your questions. Call today to schedule your free consultation.
Filing a Wrongful Death Claim
A wrongful death is caused by another person’s wrongful act, negligence, or carelessness. Family members in Houston can recover damages associated with the wrongful death if the suit is filed within the allowed time frame. Texas Civil Practice and Remedies Code § 16.003 generally gives you two years to file personal injury actions and wrongful death claims.
Exceptions to the Two-Year Rule
While Houston courts usually strictly enforce the two-year rule, there are exceptions that might extend the statute of limitations for your wrongful death claim. These exceptions may be complicated and depend heavily on your specific situation. An attorney can help you determine if any apply to your case.
The Discovery Rule
One big exception is the discovery rule. This might apply when the cause of death was not immediately obvious at the time of death. In these cases, your two-year period might start from when you discovered the wrongful act or when you could have discovered it through reasonable investigation.
This exception often applies to cases where the connection between the act and death might not be immediately clear, such as cases involving medical malpractice or exposure to harmful substances.
Minors and Legal Disability
If the person who can file a claim is a minor when the wrongful death occurs, the deadline might be paused until the minor turns 18. In cases where the claimant is legally disabled at the time of the wrongful death, the deadline may be paused until the disability is removed.
This rule protects the rights of people who legally cannot file a lawsuit on their own behalf.
Fraudulent Concealment
If the defendant fraudulently hid the wrongful act that led to the death, the deadline might be extended until the fraud is discovered or should have been discovered. This exception is tough to prove and requires clear evidence that the defendant deliberately tried to hide their wrongdoing.
Less common exceptions might apply depending on who the defendant is or specific circumstances around the death. For instance, wrongful death claims against government entities in Texas might have different notice requirements and shorter deadlines than other wrongful death claims.
Filing and Recovering Damages in a Wrongful Death Claim
There are limits on who can file a wrongful death claim. The deceased person’s surviving spouse, children, or parents are the only parties legally recognized as having the right to file such a claim. However, if the deceased had no spouse, children, or parents, a personal representative of the estate may file a claim on their behalf.
Houston families who prove a wrongful death claim within the statute of limitations can recover various damages, including pecuniary losses (loss of earning capacity, inheritance, care, and support), loss of companionship, and mental anguish. They can also recover punitive damages in cases involving a willful act, omission, or gross negligence.
Hire Us To File a Houston Wrongful Death Claim Within Legal Deadlines
The Houston wrongful death statute of limitations is a critical legal deadline that demands immediate attention if you have lost a loved one due to someone else’s wrongful act. Talk to a lawyer from Williams Hart & Boundas to protect your rights. Call to schedule a free consultation today.