When to File a Wrongful Death Suit in Floresville
When someone else’s negligence or actions are to blame for the death of another in Floresville, the family of the deceased deserve the chance to hold the party at fault accountable. Wrongful death suits are the legal means of recourse for survivors to seek important and rightful compensation for the death of a loved one, and they can often be the difference between devastation and healing.
A successful Floresville wrongful death claim relies on many considerations, not least of which being representation from an experienced and competent wrongful death attorney. When to file a wrongful death suit in Floresville is another important factor for families seeking financial relief and recovery, as many deadlines can affect the outcome of the claim.Why Time is Important to Wrongful Death Suits
The easy answer is that wrongful death suits should be filed as soon as possible, as with any other legal lawsuit. Getting the ball rolling at first chance gives you and your attorney an early start on gathering evidence before it can be lost, time to deal with unanticipated obstacles, extra breathing room around important deadlines, and even the possibility of the upper hand by catching the defendant off-guard.
At Carabin & Shaw, we understand that there is much for families to deal with in such a difficult time, and legal considerations may be furthest thing from your mind. However, hiring an attorney sooner rather than later is not only helpful to relieve stress and worry from your family’s mind, it is also necessary because of the clock ticking against your right to compensation.Wrongful Death Statute of Limitations in Texas
The most important factor when considering when to file a wrongful death in Floresville is the statute of limitations. In Texas, the family of the deceased has maximum of two years to file a wrongful death suit, starting from the date of the death’s discovery. If a suit is not filed within this statute of limitations, the family may lose their chance for compensation.
Additionally, Texas law specifies family members that are immediately able to file a suit are limited to:
- The spouse,
- And children of the deceased.
Unfortunately, the right to file a wrongful death suit is not available to siblings and extended family. If a wrongful death suit is not brought forward by any of these eligible relations to the deceased within the first three months, the opportunity to file opens up to executors of the deceased’s estate in Floresville or those with power of attorney.Exceptions and Compensation
One exception to the wrongful death statute of limitations is if it also falls under products liability. If the death of a resident in Floresville was directly caused by a defective or unsafe product, Texas statutes of repose allow for claims to be made within 15 years of the product’s sale to the victim; note that this does not mean 15 years from the date of death, and if death occurs after this period, the normal two-year statute of limitations apply.
Compensation from wrongful death suits are awarded to eligible claimants in the surviving family on a case by case basis. They can compensate losses on a wide range of sources, from emotional support lost from the deceased, to earning capacity towards supporting the family, to expected inheritance the deceased would have otherwise left behind.
Time is of the essence when it comes to filing a wrongful death suit in Floresville. That’s why, at Carabin & Shaw, our attorneys are ready to take on your case 24 hours a day, seven days a week.
If you believe your family has grounds to file a wrongful death suit, don’t hesitate to call us immediately. We’ll schedule a free case consultation with a Floresville wrongful death attorney who can answer all of your questions, and we even have bilingual options for Spanish-speaking clients.
Your family has nothing to lose by speaking to a Carabin & Shaw attorney, but everything to gain. Call our law offices in Floresville at 830.393.8822 or toll-free at 800-862-1260 to schedule your free consultation today.