If a family member or spouse passes away because of another’s negligence or intentional actions, you have the right to file a wrongful death claim, assuming you are the surviving spouse, parent, or adult child of the deceased loved one. Understanding Frisco wrongful death statute of limitations is key to avoiding case dismissals and potentially losing your chance at compensation. Fortunately, a seasoned injury attorney in the area could provide essential legal guidance to ensure you properly file your claim within the designated time frame.
Are There Exceptions to the Two-Year Statute?
Frisco residents can request the statute of limitations for a wrongful death claim be extended in certain circumstances. Texas courts grants exceptions when:
- The Surviving Family Member is Underage: If the applicable surviving family member is a minor at the time of the loved one’s death, the court extends the filing deadline until the person’s 18th birthday.
- The Surviving Family Member Has a Legal Disability: When the family member responsible for making the claim has a mental disability that prevents them from understanding what filing entails, the court allows the individual to file after the handicap ends. Examples of temporary mental handicaps include PTSD and similar trauma. Surviving family members who are injured or ill during the two-year period may be given extensions as well.
- The Defendant Committed Fraud: If the defendant’s fraudulent actions prevented the surviving family members and their attorney from recognizing them as the offending party, an exception is granted. The defendant will likely face fraud charges in addition to a wrongful death lawsuit.
