Wrongful Death- Claimants and Time Limitations

WHO CAN MAKE A CLAIM FOR WRONGFUL DEATH?

In Texas a "wrongful death" claim is made when someone dies or is killed because of the negligence of another entity, company or individual. In Texas, a lawsuit or claim can be pursued, barring special circumstances, by the children, spouse, or parents, if they are surviving, of the deceased. Frequently, in other states, these people include the deceased immediate family, such as a surviving spouse or surviving children. Sometimes siblings or parents are eligible as well.

In addition, other members of the family like dependents, grandparents and step-parents, may be able to file a lawsuit in several states. If the decedent is a minor, an adult guardian or parent may be required by the state to file the lawsuit. Several states allow domestic partners to file wrongful death suits on behalf of an accident victim who died. Carabin Shaw represents families and people who have lost a loved one because of the recklessness, negligence, or carelessness of others.

Carabin Shaw has years of experience litigating wrongful death cases. We can guide you through the intricate details of the law and what should or can be done. If you are eligible to make a wrongful death claim, contact Carabin Shaw today, to learn about your options.

Are you in Corpus Christi? Has your loved one suffered wrongful death?

Give Carabin Shaw a call. We can help. Call us at 361.444.1111, local if you’re in Corpus Christi.

HOW LONG DO YOU HAVE TO MAKE A WRONGFUL DEATH CLAIM?

Texas has a "statute of limitations" which applies to most claims which involve death or personal injury which is two years starting from the date the incident or death occurred. There are some exceptions to this time limit that do exist in certain circumstances.

For example, the time period mentioned above may get extended for some claims or claimants. These can include claimants who are minors or claimants who are otherwise incompetent. Also, in some very limited instances, for example, when a medical professional deliberately conceals the existence of malpractice, when the victims didn’t know, and couldn’t have known about any malpractice until after the date of the incident can sometimes be given more time by the law to sue for damages. These exceptions are fact based and really require a qualified attorney to analyze to see if they apply.

If you think that you or your family has a wrongful death claim, you should seek advice from an attorney as soon as possible. In some cases, there may be specific deadlines within these first two years which could also be important to the case. Also, because legal and expert analysis needs to be done before filing a lawsuit, people shouldn’t delay things until the legal statute of limitations is almost up because the lawyer may not have time enough to finish reviewing the case before it expires.

There is another good reason to speak to a lawyer as soon as possible. Memories of the incident in question tend to fade. Witnesses and potential witnesses can be harder to find and speak to because they have become incapacitated, moved etc.

Carabin Shaw has litigated wrongful death suits since the early 90’s. If you think that you may have a wrongful death claim, call Carabin Shaw today. Our legal team can work with you to help gather evidence together, complete the necessary paperwork, understand the law, and build a good convincing case. Our firm offers a free initial consultation and we work on a contingent fee basis, which means that there is never a fee unless we successfully resolve your case.

Contacting us can also help relieve some of the mental stress you may be going through.

Are you in Corpus Christi? Has your loved one suffered wrongful death?

Give Carabin Shaw a call. We can help. Call us at 361.444.1111, local if you’re in Corpus Christi.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

The Carabin Shaw Offices in Corpus Christi are located two blocks south of the Nueces County Courthouse in Corpus Christi, Texas.

Our Corpus Christi telephones are answered 24 hours a day, 7 days a week. Call 361.444.1111.


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