How Long Does a Family Have to File a Wrongful Death Claim After a Wrong-Way Crash in San Antonio?

The Two-Year Deadline in Texas

In Texas survivors of a death of a loved one may file a claim, however, a right to recovery is only preserved if a lawsuit is filed and the responsible party served with a lawsuit within two years of the anniversary of the injury producing event that eventually caused death.

Don't Wait to Hire a Lawyer

You should not wait to file a lawsuit, much less hire a lawyer when a family member has been killed. Many obstacles will need to be overcome such as hiring experts and obtaining testimony of the surviving members of the family to determine what the extent of pain or suffering from the loss of the loved one and loss of that relationship an insurance company should compensate.

Wrongful Death vs. Survival Action

The wrongful death statute only applies to survivors of the deceased while a survival action exclusively pertains to the individual hurt. If it can be shown that the individual prior to succumbing to the injuries that caused death experienced pain, suffering and mental torment for any period of time prior to death, it is critical to hire a lawyer to obtain experts to make this determination and gather the necessary evidence to prove what you need in either lawsuit or cause of action.