In Texas, the "statute of limitations" in most claims involving personal injury and death is two years from the date the claim accrued. Some exceptions do exist under the law in certain circumstances.
For instance, the above mentioned time period may be extended for the claimant or claimants, including those who are minors or otherwise incompetent. Additionally, in some limited instances, such as when a medical professional conceals the incident of malpractice, victims that did not know, and could not have known of the malpractice until sometime after the incident can sometimes be allotted additional time under the law to file a lawsuit. The foregoing exceptions are fact sensitive and require the analysis of a qualified attorney to determine if they are applicable.
If you believe that your family holds a wrongful death claim, you should always seek the advice of an attorney without delay. In certain cases, there may also be other deadlines within the first two years that may also impact the case. For example, claims against government entities may require that the entity or entities be put on "notice" much earlier than the statute of limitations period. Also, since expert and legal analysis must be done prior to filing a lawsuit, you should not wait until the statute of limitations period is nearing its end because the attorney may not have enough time to complete his or her review prior to its expiration.
There is another very important reason to contact an attorney right away. Memories of the event or events in question tend to fade in witnesses, potential witnesses may later be unavailable because they have moved, become incapacitated, etc.
Carabin & Shaw P.C. has handled wrongful death cases since 1992. 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.
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 .