A statute of limitations is a time-line in which legal action can be brought against a negligent party. This time-line is different for different cases, and can also vary from one state to the next. However, there are exceptions to some instances of applying a statute of limitations, such as in a wrongful death case in Texas, that ensure that a bereaved party retains the legal right to pursue compensation when particular issues have occurred that would have otherwise left them without the ability to pursue legal action against the party that has caused their loss. Tyler wrongful death lawyer Michael Grossman provides the following short article regarding these exceptions; however, if you desire to seek compensation for your loss against a negligent party or parties, it’s recommended that you contact a lawyer in your own jurisdiction to see what your state’s statute of limitations is, as well as to find out what kinds of exceptions may exist.
In Texas, the statute of limitations for a wrongful death suit, i.e. the timeline in which a bereaved party can seek justice for their loved one’s passing because of another party’s negligence, is two years. In other words, a family member that has lost a loved one because of someone else’s negligent actions can pursue compensation for their loss from the liable party or parties at any time within two years of the known accident or injury that caused the death. However, the following exceptions exist in order to provide further relief to a bereaved plaintiff so that they can still seek legal remedy even when circumstances may have prevented them from doing so within the two-year timeline of Texas’ statute of limitations in an Austin wrongful death claim.
Most notably, if a minor has the right to bring a wrongful death claim against a negligent party, the minor has until the age of 20 to pursue legal action. More technically, the two-year statute of limitations begins when the minor turns 18, thus starting the countdown for pursuing legal action that will run out when the bereaved plaintiff turns 20. However, a child can bring a wrongful death claim while they’re still a child, as long as another parent or guardian acts on their behalf to do so. Sometimes this can be more beneficial to the wrongful death claim since the likelihood of relevant evidence to the case being lost of time is greatly lessened by pursuing a claim shortly after the death has occurred. When a child is involved in such a case, the court will appoint a third-party ad litem attorney who will work to ensure that the child’s best interests are being looked out for during the entirety of the case.
Another exception will be granted when the precise date or place of death is unknown. As an example, if a family believes their family member to have been missing for years, only to later find out that the family member was killed by another person, yet they learn this information more than two years after that family member’s death, this bereaved family would likely be granted an exception and their statute of limitations would be extended.
Another exception will be granted when the bereaved family was unaware, due to the circumstance of the case, that they could have brought a wrongful death claim against a negligent party. For example, if a wife dies and her cause of death is unknown for more than two years, but it’s later found out that a particular experimental drug that she was taking was actually the cause of her death, the husband would likely be granted an exception since he was unaware of the cause of her death.
Unfortunately, some defendants, knowing that a two-year statute of limitations exist in Texas for wrongful death cases, may opt to blatantly lie about their involvement. If these lies continue for two years and result in the statute of limitations expiring, yet the lies are late discovered to be lies, an exception will likely be granted.
Lastly, if a bereaved family member is physically or mentally unable to file a wrongful death claim within the two-year time period, they will likely be granted an exception. An example would be if a husband and wife were in a car crash in which the husband died and the wife suffered such severe injuries that she was in a coma for over two years. Once awake, she would likely be granted an exception so that she could pursue legal remedy for her loss.
As you can tell, there are multiple unique instances where the statute of limitations for a wrongful death case in Texas can be extended based on the particular circumstances of the case. It’s important to find out what the statute of limitations is in your own state so that you can be sure to have an ample and fair opportunity to seek compensation for your loss before you lose the ability to do so, simply with the passing of time.
