Filing a Houston Wrongful Death Action

Under Texas law, the family of a fatal accident victim has two years from the date of the victim’s death to file a wrongful death action. Although there are a few exceptions to this deadline, families should consult with a knowledgeable attorney as soon as possible after a loved one’s wrongful death.

Our team at Fleming Law Accident & Injury Attorneys can provide critical guidance about filing a Houston wrongful death action.

What Deadlines Apply for Wrongful Death Lawsuits?

The deadlines for wrongful death cases are defined by Texas Civil Practice and Remedies Code § 16.001, which establishes the basic two-year filing deadline. The starting date of this deadline may be extended if:

• The lawsuit will be filed by a person younger than 18
• The negligent act that resulted in the victim’s death was not apparent or could not have been reasonably identified within two years
• The negligent party fraudulently hid his or her negligence
• A mental or physical problem prevents a family member from starting a wrongful death lawsuit

In most cases, if you miss the deadline, you will lose the right to file a wrongful death action in Houston. You should promptly consult with an accident and injury lawyer as soon as you believe you have a wrongful death claim.

What Events Might Provide a Basis for Filing a Wrongful Death Action?

The family of a fatal accident victim in Houston may be able to file a wrongful death claim under many different circumstances. Incidents that can lead to a fatality include:

• Vehicle accidents, particularly if the negligent motorist was driving under the influence of alcohol or drugs, using a cell phone, or recklessly operating the vehicle
• Construction accidents or general workplace mishaps
• Slip-and-fall accidents or violence at a location where a landowner or property manager failed to provide adequate security
• Dangerous or defective consumer products that posed a risk of death when they were being used for their intended purpose
• Drowning in pools and along rivers or lakes that were open for public use, or fatalities at sporting facilities or during adventure expeditions, such as whitewater raft tours, dirt-bike tracks, and horseback treks
• Exposure to noxious or poisonous fluids or gases that were negligently released from storage facilities
• Mauling by animals, including domestic dogs that have violent or aggressive tendencies

Our attorneys can review your case to determine the cause and all negligent parties.

What Claims Are Part of a Wrongful Death Lawsuit?

A valid wrongful death lawsuit will include claims that the negligent party owed a duty of care to the deceased accident victim and that their breach of that duty was the direct and proximate cause of the victim’s death. The victim’s family will also make specific claims about the financial and other damages they suffered as a result of the death.

You should gather as much information as you can about the accident that caused the victim’s death. A knowledgeable Houston attorney can interview you and analyze that information before filing a wrongful death claim.

Contact a Houston Attorney To File a Wrongful Death Lawsuit

With over 30 years of combined experience, the personal injury lawyers at Fleming Law Accident & Injury Attorneys have recovered millions of dollars to help families regain stability after negligence causes the death of a loved one. Call our offices for a free consultation about filing a Houston wrongful death action and let us help you pursue the largest possible damages award available in your case.