In Texas, there is generally a 2 year statute of limitations for filing a wrongful death lawsuit from the date of the individual’s death. However, there are some exceptions and circumstances that could alter the timeline. It’s crucial to consult with an attorney who specializes in wrongful death cases in Texas to get accurate and up-to-date information based on your specific situation. They can provide guidance tailored to your case and help ensure that you meet all the necessary deadlines.
Statutes of limitations are time limits set usually by state law that require a party to bring an action within a certain period of time. There are statutes of limitations for many crimes, for debt and for other legal causes of action. All civil actions have specific statutes of limitations.
Each state provides a specific statute of limitations for bringing forth a claim. In many states, the time limit is the same for wrongful death cases as it is for any other type of personal injury claim. In other states the time limit may be different or even shorter for wrongful death cases. The range for states is between two to six years from the date when the cause of action accrued.
Factors that Affect the Statute of Limitations
Certain circumstances involved in the case may impact the statute of limitations. In some instances, it may be as short as one year. For example, there are often different rules for when the government is the defendant, often including a shorter statute of limitations. If the victim was a minor or mentally disabled, the statute of limitations may be longer. Another time in which the statute of limitations may be different is when fraud or intentional acts were involved. In some instances, the statute of limitations may be shorter for certain causes of death such as medical malpractice.
Timing of the Clock
In most situations, the statute of limitations begins from the date of the misconduct that caused the victim’s death. However, there may be special circumstances that go outside this general rule, such as:
The Discovery Rule
In some situations, a plaintiff may not know that a wrongful death has occurred until some time after the death and he or she could not have reasonably known this. For example, the cause of death may not have been known until an autopsy was performed or new information was discovered after the death. Therefore, the statute of limitations often does not begin until the actual misconduct is discovered. However, the caveat to this rule is that the plaintiff must have used reasonable diligence to discover the misconduct. If the cause of death was apparent, the courts will hold the plaintiff to the general statute of limitations.
Some states have begun to curtail this extension of time. For example, some states place an upper limit on the discovery date for certain types of cases, such as medical malpractice claims. Such a statute may specify that the plaintiff can bring a lawsuit within three years from the date of discovery but not more than five years from the date of the actual misconduct that led to death.
Tolling the Statute of Limitations
Some state laws allow a tolling of the statute of limitations. This possibility may arise in cases in which a minor is the proper plaintiff to bring the party. He or she generally cannot exhaust the statute of limitations during his or her minority. The statute may not begin ticking until after the child becomes a legal adult. Courts must often weigh the ability of the plaintiff to bring a claim against the potential prejudice of the defendant.
Derivative Actions
In some cases, the rightful plaintiff would have been the person who later died as a result of the misconduct. This can occur when a personal injury case arose before the decedent’s death. If the decedent did not file a claim before his or her death and the statute of limitations expired for the personal injury claim, a wrongful death lawsuit will be time-barred.
Product Liability
Product liability cases are sometimes a special case. Some states have enacted statutes of repose which prohibit bringing forth claims regarding product liability cases when the product is a certain age and has been off the market for a certain period of time.
Legal Assistance
Individuals who would like to bring a wrongful death lawsuit may wish to consider retaining an attorney for this purpose. He or she can explain the applicable statute of limitations and whether any exceptions apply.
Who Can File a Wrongful Death Suit?
In Texas, the right to file a wrongful death lawsuit is generally granted to the surviving spouse, children, and parents of the deceased individual. If none of these parties file a lawsuit within three months of the person’s death, the executor or administrator of the deceased person’s estate may also have the authority to file a wrongful death claim.
It’s important to note that the specific rules and eligibility criteria can vary depending on the circumstances and the relationship to the deceased person. Consulting with a qualified attorney who specializes in wrongful death cases in Texas is advisable to understand your rights and options accurately. They can provide personalized guidance based on your specific situation.
Spanish Speaking Wrongful Death Attorney in Houston, Texas
Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.
We make it easy for those who have been injured due to the actions of others to navigate the legal system in order to get the results they need to continue on in their lives. Schedule your no-obligation car accident consultation with Attorney Caruthers today. Our team will work with you every step of the way to ensure your needs are being met and that you are getting the treatment you deserve in your car accident case. Don’t hesitate, the sooner you call the more we can do to get you results.
Houston Car Accident Attorney for Wrongful Death Suit
Have you lost someone in a motor vehicle accident and are now seeking monetary damages? Surviving family members may be eligible for financial compensation by winning a wrongful death lawsuit.
If you or someone you love has suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!
Our team works hard to bring the most efficient and practical solutions to your car accident case. Beverly R. Caruthers proudly serves and defends the Greater Houston area including but not limited to Baytown, Conroe, Crosby, Humble, Huntsville, Lake Jackson, Missouri City, Pasadena, Spring, Tomball.
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In the aftermath of an accident that leaves you or a loved one injured, it is crucial to know where to turn for support and justice. The Caruthers Law Firm stands as a beacon of unwavering commitment to the cause of pursuing justice for injury victims. With a track record that speaks volumes about our dedication to excellence and passion for our clients, we have garnered recognition throughout the Houston area as a trusted name in the legal community. When you or a family member suffers an injury due to the negligence of another, the need for an attorney who is not just competent but also recognized for their excellence becomes paramount. The Houston personal injury attorney at The Caruthers Law Firm fits that bill precisely. We have earned accolades and trust from our clients because we don not just handle cases; we champion causes. Our cases frequently involve traumatic, life-altering events, such as the loss of a loved one, and our relentless pursuit of justice ensures our clients receive the compensation necessary to secure their financial future. Our dedicated efforts have successfully secured over $50 million in settlements for our clients, and our commitment to excellence has brought us national recognition, particularly in fields like birth injury law. Whether your life has been upended by a tragic accident or the negligence of another party, you can confide in Caruthers Law Firm to handle your case with the utmost skill, dedication, and compassion in your time of need. Every case we undertake is treated with the gravity and importance it deserves, and we strive to provide the best possible representation to our clients. At Caruthers Law Firm, our attorneys boast an impressive array of knowledge and expertise in various practice areas, including personal injury, criminal defense, wrongful death, and more. We fully acknowledge that each case is unique, and we value the individual concerns and needs of our clients. This understanding leads us to craft tailored legal strategies that address each case is distinctive challenges. When you choose Caruthers Law Firm as your legal representation, you can expect a high degree of professionalism, unwavering integrity, and an unparalleled commitment from the beginning of your case to its conclusion. We are not just lawyers; we are advocates for your rights, dedicated to securing the justice you deserve.
For over three decades, Beverly R. Caruthers has been on an unwavering mission to provide her clients with top-notch, tenacious, and compassionate legal services and representation. Attorney Beverly R. Caruthers has not only amassed extensive experience but has also consistently delivered high-quality legal assistance to those who have sought her counsel. Her journey to legal expertise began with academic distinction, having graduated Cum Laude with a Bachelor of Arts from Tougaloo College, followed by the acquisition of her Juris Doctor from Thurgood Marshall School of Law at Texas Southern University. With a primary focus on Personal Injury, Criminal Law, and Business Law, Attorney Beverly R. Caruthers has honed her legal acumen in these pivotal areas. Complementing her knowledge and skills, The Law Office of Beverly R. Caruthers is fortified by a collaborative team of seasoned and highly qualified attorneys. Together, they work tirelessly to achieve the best possible outcomes for each and every client they serve. In the Caruthers family, the pursuit of legal excellence seems to be a cherished tradition. Briona Caruthers, following in the footsteps of her older brother and colleague, hails from Missouri City, Texas, where she graduated from Elkins High School in 2015. Venturing outside her hometown, she spent four years at Hofstra University in New York, where she diligently earned her Bachelor Degree in Legal Studies in Business in 2019. After her academic journey in New York, she returned to her roots in Houston, Texas. There, she attended the same illustrious institution where her mother, Beverly R. Caruthers, and her brothers, Eddie and Parker Caruthers, had studied—the Thurgood Marshall School of Law at Texas Southern University. In 2022, Briona graduated Cum Laude from TSU, thereby continuing the family legacy. Beyond her legal pursuits, Briona finds solace in retail therapy and enjoys exploring the world through her travels when she is not in the office, fervently advocating for her clients rights. Parker Caruthers, another member of the Caruthers family, was born and raised in Missouri City, Texas, where he completed his high school education at Clements High School in 2012. His educational journey took him to Texas Southern University in Houston, Texas, where he earned a Bachelor’s Degree in Marketing in 2017. Parker commitment to legal studies led him to the Thurgood Marshall School of Law at TSU, from where he graduated in 2021. During his time in law school, Parker legal prowess shone through as he secured victory in the Helen Dawn Williams Mock Trial competition, all while gaining valuable experience through internships at the Harris County District Attorney’s Office. Opting to take a different path by not pursuing prosecution, Parker joined Caruthers Law Firm in 2021. Beyond the legal realm, Parker passions extend to sports fandom and his role as a proud dog owner. At the Caruthers Law Firm, we take a refreshingly transparent and candid approach when assessing our potential clients circumstances. We believe in clear, honest, and direct communication, leaving aside the legal jargon to speak in terms that our clients can readily understand. Each client is treated as a unique individual, receiving personalized and attentive care throughout their legal journey with us.
We are immensely grateful to each and every individual who wholeheartedly contributed to the success of "The Christmas Toy Drive and Giveaway" and "The Back to School Giveaway" right here in the vibrant city of Houston. Your support has made a profound difference in the lives of countless local children, and it is a testament to the incredible community spirit that defines our city. At The Caruthers Law Firm, we take great pride in being active sponsors of these important initiatives, which focus on providing crucial resources to Houstons youth. Some of the recipients come from families struggling with limited income, making it challenging for them to provide the necessary school supplies for their children. For others, the prospect of a joyous Christmas was a distant dream due to a lack of toys. In these circumstances, we aimed to make a meaningful and positive impact on these children and their families. It is through the unwavering support and dedication of our local community that we were able to realize this vision. We encourage you to consider joining us in this noble cause and be a part of the change in the lives of Houston families. Your involvement can take various forms, whether through donating items, contributing funds, or taking the initiative to organize a collection drive within your organization, church, club, or local community. Your support will undoubtedly go a long way in touching the lives of those in need, ensuring that every child in our city can look forward to a brighter future. By working together, we not only provide essential items but also instill a sense of hope, compassion, and generosity within our beloved Houston community. Together, we can create a stronger, more caring, and inclusive community, one that continues to uplift and empower those who need it most. Thank you for being a part of this vital mission.
