Wrongful Death

Time Limitations

The Statute of Limitations in most Texas-based claims entailing personal injury and/or wrongful death is generally two years from the date the claim accrued. There is however a plurality of exceptions that exist under the law, in certain circumstances. The attorneys of Carabin & Shaw P.C. are available to assist you if you need legal assistance to navigate such time limitations exceptions, regardless if you live in the San Antonio area.

In regards to exceptions, the time limitations of two years may be extended for the claimant or claimants. This potential for extension extends to minors or otherwise incompetent individuals. In some limited instances—such as when a medical professional conceals the incident of malpractice, a victim being unaware that a wrongful death has occurred, or when an individual could not have known of the malpractice until a great deal of time has passed after the incident—additional time may sometimes be allotted under the law to file a lawsuit. The foregoing exceptions are highly fact sensitive and require the analysis of a qualified attorney to determine if they are applicable.

If you believe you need a San Antonio wrongful death lawyer for such an extension, contact the lawyers of Carabin & Shaw P.C. today. If there is a question of if your family holds a wrongful death claim, you should always seek the advice of a legal professional. There may also, in certain cases, be other deadlines within the time limitations of the first two years that may also impact the case. An example of this is with claims against government entities; there may also be a requirement that the entity or entities be put on notice much earlier than the statute of limitations period. Further, expert and legal analysis must be done prior to the filling of a lawsuit. Waiting to seek a lawyer until the statute of limitations period is nearing its end is inadvisable. If you do wait, an attorney may not have enough time to complete a thorough review prior to the expiration of limitations.

It is also very important that individuals seeking legal help involving a case of wrongful death contact a lawyer as soon as possible because of the unreliability of memory. As time spreads, out following event(s), memories of the event or events in question tend to fade in witnesses. Even if potential witnesses may clearly remember an event or factor leading to wrongful death, they may have moved. For example, the influx of people into areas like San Antonio or Austin may be quite high, but there is likewise a high outflow of people moving away. Likewise, potential witnesses may have since the event in question become incapacitated to a point where they are not able to provide testimony.

Though we encourage people to seek legal help regardless, it is worth noting that Carabin & Shaw P.C. has handled wrongful death cases since 1992. Our San Antonio based practice may have expanded greatly since then, but wrongful death cases are still an area we take quite seriously. If you believe you have a wrongful death claim, contact Carabin & Shaw today. We can help you gather evidence, understand the law, complete necessary paperwork, and build a convincing case. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully resolve your case. Our firm has staffed offices in San Antonio, Rockport, Beeville, McAllen, Laredo and El Paso. Likewise, we have Tele-Offices in Houston, Beaumont, Bay Town, Victoria, and Corpus Christi.

Contacting us will also help alleviate some of the stress you may be experiencing.

For immediate assistance, call us toll-free at 1.800.862.1260.

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