Frisco Wrongful Death Statute of Limitations
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.
Filing Deadline for a Negligence-Based Death Claim
In Frisco and the rest of Texas, surviving family members have two years from the date of the loved one’s death to file a wrongful passing claim. Failure to file a wrongful death claim before this statute runs out could result in the case being dismissed, regardless of its merit.
Family members often file survival claims in conjunction with wrongful death actions. A survival claim is where surviving members file a personal injury case on behalf of the deceased, which the person could have filed had they survived their injuries. The time limit to file a survival claim is also two years.
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.
The “Discovery” Rule for Wrongful Passing Claims
Wrongful passing statute of limitations in Frisco can also get extended in light of the state’s “discovery” rule. In such cases, the two-year timeframe starts on the date the injury was discovered, or when it should have been discovered rather than when it occurred. The rule helps surviving family members who need more time to learn what specifically caused their loved one’s untimely death, such as exposure to toxic workplace chemicals, medical malpractice, medical device defects, and pharmaceutical injuries.
Reach Out to a Frisco Attorney About Wrongful Death Statute of Limitations
Review Frisco wrongful death statute of limitations in detail with one of our firm’s talented and experienced attorneys. We are here to help you through every phase of your wrongful death case to help you win significant damages for you and your family. Call us today to schedule a consultation.