How Long Do I Have to File a Wrongful Death Claim?

The time frame in which you’re allowed to pursue a wrongful death lawsuit is entirely dependent upon the laws in your state. In Texas, the statute of limitations on all wrongful death claims is two (2) years from the date of death. Unfortunately, Texas’ “two-year” statute of limitations is a bit deceptive.

Section 71.004(c) of the Texas Civil Practices and Remedies Code specifically states that if no beneficiaries file a claim within three (3) calendar months of the victim’s death, then only the executor of the estate will be permitted to pursue a wrongful death lawsuit. This is why it’s important for beneficiaries to explore their legal options early.

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