Texas Wrongful Death Statute of Limitations: Understanding Time Limits for New Braunfels Lawsuits

When facing the devastating loss of a loved one due to another party's negligence in New Braunfels, understanding Texas's statute of limitations for wrongful death claims becomes crucial for preserving legal rights. Under Texas law, surviving family members generally have two years from the date of death to file a wrongful death lawsuit. This time limit affects various aspects of a potential case, including claims related to car accidents, medical malpractice, workplace incidents, or premises liability. The statute serves as a critical deadline that can permanently bar recovery if missed, making it essential for families to understand their rights and act promptly while dealing with their loss. The complexity of these cases often involves investigating liability, gathering evidence, determining damages, and identifying all potential defendants, which can include individuals, corporations, or government entities. Understanding how this deadline interacts with insurance claims, probate proceedings, and survival actions is vital for protecting the family's right to seek justice and compensation.

Legal Rights and Considerations: The Texas Civil Practice and Remedies Code Section 71.001-71.012 governs wrongful death claims, allowing surviving spouses, children, and parents to pursue compensation. Texas follows a modified comparative fault system, where recovery is possible if the deceased was less than 51% responsible for the incident. Recoverable damages may include lost earning capacity, lost inheritance, mental anguish, loss of companionship, and funeral expenses. Insurance considerations typically involve the defendant's liability coverage, personal insurance policies, and potentially umbrella coverage. While certain exceptions can toll the statute of limitations (such as cases involving minors or governmental entities), these are limited and strictly interpreted. Survival actions, which are distinct from wrongful death claims, allow the estate to pursue damages the deceased could have claimed, following the same two-year limitation period. An experienced Texas wrongful death claim lawyer will handle all aspects of the legal claim.

Fatal injuries can occur in many types of accidents. Click the links below to get information on legal claims from personal injury attorneys who have experience in these different types of accidents including:

• New Braunfels car crash attorney;
• New Braunfels pedestrian accident attorney;
• New Braunfels oil field accident lawyer;
• New Braunfels truck accident lawyer;

Related Resources:

• Comal County District Court 207 E. Hill St., New Braunfels, TX 78130
• New Braunfels Municipal Court 550 Landa Street, New Braunfels, TX 78130
• Texas Department of Transportation - Crash Reports www.txdot.gov/driver/crash-reports.html

Support Services:

• Texas Crime Victims' Compensation Program
• Comal County Victim Services
• New Braunfels Grief Support Groups at Resolute Health Hospital

Legal References:

• Texas Civil Practice and Remedies Code
• Texas Transportation Code
• Texas Department of Insurance Regulations

Return to the New Braunfels wrongful death information page