Houston Wrongful Death Statute of Limitations

Virtually every legal proceeding in the state, whether heard in civil court, criminal court, or another part of the court system, has an attached statute of limitations. These statutes establish deadlines for filing. If a person with standing does not initiate a case before the deadline expires, they become time-barred from pursuing that case in the future.

The Houston wrongful death statute of limitations follows the same rules that apply to other personal injury claims and generally allows up to two years to file suit. However, this deadline has several unique considerations that warrant closer attention. One of our experienced wrongful death attorneys could discuss these nuances and address further questions during a private initial meeting.

Why Is There a Statute of Limitations for Wrongful Death Cases?

If you are not familiar with civil law, it may understandably seem unfair for the court system to set a time limit on pursuing legal action after the death of a close family member from unnatural causes. However, the statute of limitations only determines when you must formally initiate the lawsuit. There is no strict deadline for how long a wrongful death case may proceed once it has been filed.

Furthermore, statutes of limitations provide practical benefits to both prospective defendants in Houston wrongful death cases and the individuals pursuing claims against them. This deadline prevents defendants from facing the possibility of litigation indefinitely. It also helps ensure that those pursuing a claim have the best opportunity to locate, preserve, and use important evidence before it deteriorates, is misplaced, or is intentionally destroyed.

How the Cause of Action Affects Statutory Filing Deadlines

One notable difference between the wrongful death statute of limitations in Houston and the deadline for other personal injury claims is when the two-year filing period begins. For wrongful death claims, the two-year period starts on the date of the family member’s passing. By contrast, personal injury claims allow two years from the date the injury occurred or the date it was first discovered.

This means the specific cause of a wrongful death does not affect how much time you have to file suit. Whether someone passes away immediately in a traumatic incident or after a prolonged illness caused by hazardous conditions, the two-year period to pursue a claim against the at-fault party begins on the date of death.

A Houston Attorney Can Help You Sue Within the Wrongful Death Statute of Limitations

Two years may be a deceptively short period in which to build a personal injury claim. It becomes even more difficult to protect your rights within this timeframe if you attempt to handle the process alone while coping with the grief of losing a family member.

Our team could take the lead in building your claim and advocating for your family’s right to seek recovery, allowing you to focus on healing. Call today to discuss your options or to request answers to any additional questions about the Houston wrongful death statute of limitations.