If you lose a loved one because of a person’s or company’s negligence or wrongful act, you could be entitled to bring a wrongful death lawsuit against the responsible party. A wrongful death action aims to hold the negligent party accountable and to secure financial compensation for the surviving family members’ losses.

The Houston wrongful death statute of limitations, which is set by Texas law, determines the deadline for filing this type of lawsuit. This critical time limit can permanently affect your family’s ability to seek compensation for your losses. Our experienced wrongful death attorneys could handle the filing process correctly for you and determine whether any exceptions could extend the filing deadline.

What Is the Wrongful Death Statute of Limitations?

In Houston, according to Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the person’s demise. However, the law allows the deadline to be extended or tolled under certain circumstances.

If an exception applies, the clock does not start or is temporarily paused. Notable exceptions to the two-year time limit include:

  • Delayed discovery: If the cause of death was not immediately obvious, the deadline may not start until the negligence was or reasonably should have been discovered
  • Fraudulent concealment: If the responsible party intentionally hides their involvement or negligence, the deadline can be paused until the family discovers the fraudulent act
  • Incapacitation: If a person eligible to file the lawsuit was mentally or physically incapacitated at the time of the death, the statute of limitations may not run until they recover
  • Minor children: If a child under 18 loses a parent, the deadline does not begin until the child’s 18th birthday (but their surviving parent or guardian can file a claim on their behalf at any time)

While two years may seem like a long time, crucial evidence could disappear or deteriorate during that period. You can also file a separate survival claim to recover damages for the pain and suffering the deceased endured before their death. The two-year time limit for a survival claim begins on the date of the original injury, which may differ from the date of death.

The deadlines are much shorter and stricter for wrongful death claims against a government body (e.g., the city, a public hospital, or a city employee). You must file a formal notice of the claim within six months of the incident. For claims specifically against the city, the deadline to file a notice may be as short as 90 days.

In such instances, failing to file this crucial notice on time can result in your case’s dismissal, even if the two-year statute of limitations for filing a lawsuit has not expired. Our experienced attorneys could evaluate the specifics of your case and determine whether these complexities could affect it.

Key Factors That Impact Wrongful Death Claims

Other important factors besides the statute of limitations could impact your wrongful death claim in Houston. Texas Civil Practice and Remedies Code § 71.004 limits the legal right to pursue a wrongful death claim to the deceased person’s surviving spouse, children, and parents. Cases can arise from car accidents, medical malpractice, defective products, and other causes.

Recoverable damages can include:

  • Funeral costs
  • Medical expenses
  • Lost income and future earnings
  • Lost inheritance resulting from your loved one’s death

A successful settlement or court award may also include compensation for mental anguish, pain and suffering, the loss of companionship, comfort, and society, and other intangible losses.

The relationship between the beneficiaries and the deceased affects the settlement. Beneficiaries who were financially and emotionally dependent, such as a spouse or minor children, typically receive a larger portion of the settlement.

Call Us To Learn How the Statute of Limitations Affects Your Houston Wrongful Death Case

The process of investigating a case, gathering evidence, and drafting a lawsuit is complex and time-consuming. If your loved one died because of someone else’s negligence, our skilled lawyers could begin this process immediately, do the demanding legal work, and prevent a rushed or missed filing.

We could ensure your case is officially on record with the court before the Houston wrongful death statute of limitations expires. Call our firm today to schedule a free consultation.