How Long Do Eligible Family Members Have to File a Wrongful Death Claim in Texas?

At Charles J. Argento, our Houston wrongful death attorneys know that losing loved ones to negligence, whether it was in a traffic collision, workplace accident, or another reckless incident that could have been prevented, overwhelms Texas families with grief.

Unfortunately, their grief is often compounded by the financial losses that come next. Whether it is medical expenses incurred before their death, funeral or burial expenses, or the loss of future income and benefits, families are devastated by more than the emotional losses of their loved ones to negligence.

In the state of Texas, spouses, children, or even parents of the deceased have the legal right to file a wrongful death suit on behalf of a loved one they have lost. These cases are usually brought by a representative of the estate on behalf of the family seeking monetary damages for their losses.

Our Harris County personal injury lawyers can help families across Texas pursue wrongful death claims against the negligent parties who are liable for their loved ones’ fatalities. However, one of the most important factors when pursuing these claims is timing.

There are two different timelines attorneys must follow in Texas wrongful death claims: The legal statute of limitations, and the investigative period. Here is why both are equally as important.

What is the Legal Statute of Limitations for Filing a Wrongful Death Claim in Texas?

The Texas wrongful death statute of limitations is two years from the date the cause of action arises. If you want to try and recover compensation for the loss of a loved one, you have two years to file a wrongful death claim, usually starting the day of your family member’s death.

What is the Investigative Period for Filing a Wrongful Death Claim in Texas?

Although family members legally have two years to file a wrongful death claim in Texas, the sooner the family can talk to a Houston wrongful death attorney, the better. This is because there is an important investigation that must take place to prove negligence caused the individual’s death.

We understand that the shock and trauma of losing a family member to negligence is nothing short of devastating, which can make it incredibly hard to share the details of your story with an attorney. However, the sooner you can speak with our trusted wrongful death lawyer about your loved one’s loss, the faster we can preserve important evidence, statements, and other documentation that will allow us to pursue real results for your case.

Contact our Houston personal injury lawyers today to schedule a free consultation by calling 713-225-5050 or by contacting us online, so together we can pursue justice for you and your family.