In the difficult period after losing a loved one due to someone else’s carelessness, legal deadlines are unlikely to be your priority. However, missing one of the strict time limits for taking action after a wrongful death can prevent you and your family from ever filing a claim. Speaking with an attorney can help you understand how the Houston wrongful death statute of limitations applies to your situation and the steps you can take to protect your right to recovery.
At Mostyn Law, we collect records, speak to experts, and handle communication with insurance companies so you can focus on your family. Working with us means having a dedicated team that pays close attention to your case and the details that matter most. Our experienced guidance can help you make informed choices with confidence.
Texas Civil Practice and Remedies Code § 16.003(b) generally gives families two years from the date of death to bring a wrongful death action. There are, however, some exceptions.
For example, the statute of limitations for a wrongful death claim changes if it involves a government entity, and your claim will have a much shorter notice period under the Texas Tort Claims Act.
Surviving spouses, children, and parents are the only parties who can file a wrongful death claim. If none of them act within three months, the deceased person’s personal representative can move forward unless the beneficiaries object. You and your family can protect your rights by:
Our Houston team can help you understand the filing deadlines specific to your wrongful death claim, helping you and your family avoid delays that may weaken your case and ensuring the evidence is preserved.
Only a spouse, children, or parents can bring a wrongful death action. If they choose not to file, the personal representative of the deceased may do so on behalf of the estate.
There are some limited circumstances in which you may have longer than two years from the date of death to bring a claim. If the deceased was a minor at the time of their death, courts may extend the filing deadline. Additionally, a family may not know the cause of death immediately. In cases of delayed discovery such as this, the countdown to the filing deadline only begins after they reasonably learn of the wrongful death.
Timely investigation of your wrongful death case by our Houston lawyers could ensure you file a robust claim before the statute of limitations expires. Our careful attention to detail strengthens the foundation of your claim, giving you and your family the best opportunity for a fair outcome.
In the time after losing a loved one, you should be focused on grieving and not on filing deadlines. We can help you understand the Houston wrongful death statute of limitations and what it means for your claim.
At Mostyn Law, our attorneys review records, identify responsible parties, and explain your options clearly. Contact our firm for compassionate guidance from a team that understands state law and sticks with your case until the end.
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