Losing a loved one is always painful. However, when someone else’s negligence led to their death, such a loss can be heartbreaking. While you are in mourning, it is normal for feelings of grief to distract you from everything, including thinking about suing the responsible party. Even if you do consider such action, you may continually delay it.
Unfortunately, you cannot wait indefinitely. Due to the Austin wrongful death statute of limitations, you only have a certain period of time to bring legal action against the person responsible. If you do not feel able to do so, a wrongful death attorney can deal with the liable party on your behalf. At Fleming Law Accident & Injury Attorneys, our lawyers are ready to handle your lawsuit while you focus on grieving.
According to Texas Civil Practice and Remedies Code § 16, the statute of limitations for wrongful death claims in Austin and other parts of the state is two years from the date of the person’s death. You must bring any wrongful death claim within this two-year period. If you bring a case any later, a court will dismiss it because it is time-barred, meaning the deadline has passed.
Under certain circumstances, it is possible to pause the period that the statute of limitations dictates. State law allows three exceptions to the two-year deadline. The first applies if the liable party hid the deceased’s death or its cause from you, the deceased person’s family members. This is known as fraudulent concealment and is a punishable offense that may make punitive damages available.
The second applies if the surviving relative who would file the wrongful death claim is a minor (under 18 years old). The third applies if the person who would file the claim is incapacitated due to illness or other conditions. Once any of these situations affecting the statute of limitations ceases to be the case, you or another qualifying Austin family member can file a wrongful death claim seeking justice for your loved one.
In filing a wrongful death claim, surviving family members, such as a spouse or domestic partner, adult child, or parent, can seek to recover compensation for losses such as treatment expenses before the deceased person’s death, funeral and burial costs, and loss of household services, such as emotional support and childcare. Other recoverable damages include lost future income that the deceased person would have earned if they had been alive, inheritance they would have bequeathed to their heirs, loss of guidance, loss of companionship, and mental anguish.
Depending on the situation leading up to your loved one’s death, you may also seek survival action damages, which cover their pain and suffering between when they sustained their injuries and when they died. In rare instances of egregious conduct or gross negligence, the court may also award punitive damages. To secure any of these damages, however, you must file a wrongful death suit within the statute of limitations appropriate to Austin and the rest of the state.
Losing your loved one is an extremely difficult experience. While it is true that money cannot bring them back, you can try to ensure that the loved ones they left behind are financially secure now and in the future.
At Fleming Law Accident & Injury Attorneys, our lawyers have spent over 30 years supporting local residents, guiding them in areas such as the Austin wrongful death statute of limitations, and helping them secure some measure of financial stability after the loss of their loved ones. We can do the same for you. Call us now to discuss your claim.
(713) 221-6800 