Why Northwest Harris County Families Shouldn’t Wait to File a Wrongful Death Claim

The 2-Year Deadline in Texas For A Wrongful Death Claim and Important Things You Should Know

Families in Cypress and throughout Northwest Harris County, do not wait to learn about your legal rights and the importance of important deadlines if you have lost a family member because of the wrongful act of someone else. 

It goes without saying that the death of a loved one is a devastating experience. It can turn your world upside down, and life as you know will never be the same. While it may not be the case in every instance, if someone close to you has died because of the negligence, recklessness, or intentional wrongdoing of another person or entity, you are not only entitled to, but you owe it to the memory of your loved one to seek justice and compensation. 

 Filing a Wrongful Death Claim in Texas: Things You Should Know

Texas Wrongful Death Law

In Texas, a wrongful death is defined under the Texas Civil Practice and Remedies Code § 71.002, which states that death “resulting from an injury caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another” is wrongful. This statute is important because it establishes that if your loved one’s death was preventable, and that death was caused by the negligence or intentional misconduct of another person or entity, then you may have a wrongful death lawsuit.

Typical Examples of Causes of Death That Can Lead to a Wrongful Death Lawsuit in Texas

Injuries or accidents that can cause wrongful death are more common than you might think, and can happen in the following scenarios:

Car Accidents: 

These can involve death in motor vehicle accidents, such as car, truck, or motorcycle wrecks. Examples include accidents caused by distracted driving, drunk driving, speeding, running red lights, or other traffic violations.

Workplace Accidents:

These include jobs, industries, and workplaces common to our Harris County community.

Medical Malpractice: 

When death is caused by the mistakes of healthcare providers, such as misdiagnosis, surgical errors, medication mistakes, or other forms of medical negligence.

Dangerous or Defective Products: 

Products that cause injury that leads to death.

Slip and Fall Accidents: 

When death occurs on someone else’s property due to unsafe conditions.

The 2-Year Deadline in Texas:

Understanding the Statute of Limitations

The statute of limitations is the legal deadline for filing a lawsuit. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of the loved one’s death. It is crucial to understand that this two-year deadline is firm and not flexible. Failing to file a claim within this period can result in losing your right to pursue compensation through the civil justice system forever.

There are very limited exceptions to this two-year statute of limitations, and even then, they are rare and must meet certain legal criteria. For example, if the deceased was a minor, or in cases of concealed negligence or fraud. In those cases, the statute of limitations may be extended.

Waiting to file a claim can harm your case and make it difficult or impossible to gather evidence, interview witnesses, and prove negligence. In addition, memories fade over time, evidence may be lost or destroyed, and the longer you wait, the more difficult it can become to build a strong case.

It’s important to note that other types of legal claims, such as insurance claims or personal injury claims arising from the same incident, may have different statutes of limitations. Therefore, it’s essential to act promptly and consult with a qualified attorney to ensure that all legal rights are preserved.

Who Can File a Wrongful Death Claim in Texas

In Texas, the law provides that only certain parties can file a wrongful death claim.

 In most cases, the following individuals are eligible to bring a wrongful death lawsuit:

The surviving spouse

Children of the deceased (including adopted children)

Parents of the deceased (if no spouse or children survive)

It’s important to note that if none of the above parties file a claim within three months of the death, then the executor or personal representative of the estate of the deceased may file a claim, unless all of the deceased’s beneficiaries have requested in writing that no claim be filed.

Why You Should Act Fast for Your Harris County Family

Your wrongful death claim can help you hold the negligent, reckless, or intentional wrongdoer accountable for their actions and financially support your family for the losses you have suffered due to the death of your loved one. While money will never bring your family member back, financial compensation can help your family by providing for the following:

Economic damages:

 lost earning capacity, lost inheritance, funeral and burial expenses, the cost of medical and hospital expenses incurred before death, and the value of lost care, maintenance, and household services.

Non-economic damages:

pain and suffering, mental anguish, loss of companionship, society, comfort, consortium, love, and support, or in the case of a surviving spouse, loss of consortium. In the case of children, these damages include the loss of parental guidance, mental anguish, and loss of companionship.

Exemplary (punitive) damages: 

In cases where the conduct of the defendant was grossly negligent or willful, punitive damages may be awarded to punish the defendant and deter similar conduct in the future.

The 2-Year Deadline in Harris County

If you are a Harris County family who is mourning the death of a loved one because of the negligence of a driver, a drunk driver, a dangerous or defective product, or a wrongdoer in another scenario, do not wait to contact an attorney. 

Shaw Clifford is committed to providing skillful and compassionate legal counsel to families in Houston, The Woodlands, Cypress and the surrounding communities of Harris County. We will investigate the circumstances of your loved one’s death, collect the evidence needed to support your claim, and fight for your rights so that you receive the maximum compensation available to which you are entitled. 

Contact Shaw Clifford and the Law Office of Shaw Clifford today for a free, confidential consultation, and let us carry the burden of the legal process for you.

Contact Shaw Clifford