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The days and weeks after a loved one’s premature death can feel very disorientating and can pass by very quickly. While coping with grief, organizing funeral and burial or cremation services, and dealing with the distribution of the decedent’s personal assets and debts, it’s entirely reasonable that initiating a civil claim over your family member’s death may not be an immediate priority.
Unfortunately, the civil court system and state law may require you to begin the legal process before you feel fully ready. If you’re concerned about approaching deadlines under the Channelview wrongful death statute of limitations or if you want help in building the strongest possible claim within the applicable time frame, our compassionate wrongful death attorneys can provide the custom-tailored guidance you need to protect your family’s best interests.
The vast majority of wrongful death claims filed in Channelview and throughout the state are subject to the same statute of limitations as most other types of personal injury claims. Under Texas Civil Practice and Remedies Code § 16.003, you typically have a maximum of two years to formally begin legal proceedings against the person or people at fault for harming you, starting from the moment you first had a cause of action to file suit.
For standard personal injury claims, that point is usually the date on which the accident that caused the injury occurred, but in some situations, plaintiffs are allowed to start the two-year filing period from the date on which they first discovered their injuries. However, for wrongful death claims, you accrue a cause of action at the moment of your family member’s death, regardless of when the injury that ultimately led to their death occurred.
There are no exceptions to the statute of limitations for Channelview wrongful death claims, per se. Under normal circumstances, if you wait longer than two years after your loved one’s date of death to file suit for a wrongful death, your claim will almost certainly be dismissed for being time-barred as soon as it reaches a civil court. Furthermore, once the option to file a lawsuit has expired, insurance companies have no incentive to negotiate a fair settlement with you.
There are, however, limited circumstances under which the start of the two-year filing period can be delayed or tolled. For example, if someone is at fault for a wrongful death and hides what they did through criminal acts of fraud, you would have two years from when you first discovered that fraud to file a wrongful death claim. We can discuss what deadlines will likely apply to your particular case during a private initial consultation.
While you do not have to start legal proceedings immediately following a family member’s untimely death to seek compensation for your ensuing losses, taking legal action without delay is the best approach in these types of cases. Our experienced attorneys understand that managing a legal claim alone can be extremely difficult, even in cases involving your own relatively minor injuries. Pursuing a wrongful death claim can be significantly more challenging.
Working with a seasoned legal professional will ensure you’re able to file the strongest possible claim well within the Channelview wrongful death statute of limitations. Call us today to get started.
Lone Star Injury Attorneys, PLLC
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