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Texas Wrongful Death Attorneys Discuss the Time Limits for Filing a Wrongful Death Action

      The last thing you likely want to think about after suffering the loss of your loved one is litigation.  However, it is imperative that the relatives of anyone killed due to the negligent actions of another do not delay in consulting with an attorney. 

      You have a limited time within which to pursue a wrongful death claim, and if this time period runs, your rights may be lost forever.  Furthermore, the sooner you act, the greater the likelihood of your success in a wrongful death suit because your attorney will be able to gather vital evidence in support of your case.

What is a Statute of Limitations?

      Every state sets a certain time limit, known as the statute of limitations, in which parties can bring a wrongful death lawsuit.  Statutes of limitations vary by state, and can be as short as one year to as long as ten years.

      Oregon, for instance, allows plaintiffs ten years after the accident to bring an action.  Minnesota, North Dakota, and Maine all tie for second longest, allowing for victims to file six years from the accident.  Most other states allow for between two and three years.

      In Texas, you will have two years from the date of the death of your loved one to file a wrongful death suit.  Certain exceptions may apply and your attorney can review your case to determine if you may be eligible for a longer filing period. 

      Generally, however, your right to file a wrongful death claim will expire at the end of two years.  This makes it imperative that you consult with a licensed wrongful death attorney as soon as possible after the accident so as to discuss your legal rights.

      If you are the spouse, parent, or child of the deceased, you should file your wrongful death action within three months after the loss of your loved one.  If you do not pursue the action within this time frame, the personal representative or executor of the deceased’s estate can then bring the action.  The proceeds will go into the estate for the benefit of the named survivors. 

Important Investigations Should be Immediately Undertaken

      While you have two years to file the action, delaying for long can seriously impact the success of your case.  Vital investigations should be performed as soon as possible after the accident to gather important evidence in your case.  Physical evidence, such as skid marks, damaged tires, or vehicle damage is crucial in a fatal car accident case. 

      Witness statements soon after the accident can make or break a wrongful death case.  All of this information needs to be obtained while it is still available and fresh in the mind of those present.  Accordingly, the sooner you retain an attorney to assist in your case, the more powerful your case will likely be.

Zinda Law Group:  Fighting for Your Full Recovery Following a Fatal Accident   

      If you have lost a loved one due to any accident involving negligence or carelessness, the Texas Wrongful Death Attorneys at Zinda Law Group will fight for your full recovery.  We seek to obtain awards for emotional pain and suffering, loss of income, loss of inheritance, funeral and burial expenses, exemplary damages, and much more in your timely wrongful death claim. 

      Our firm understands the devastation that accompanies a wrongful death and will zealously represent your best interests.  Call Zinda Law Group toll free at 800-863-5312 to schedule your free consultation with one of our skilled and dedicated wrongful death attorneys.