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Most people know that Texas wrongful death claims have a two-year statute of limitations. What many families do not know is that the clock does not always start on the date of their loved one died. In some cases, the discovery rule can shift when that two-year window begins, giving families more time to file than they realized.
Understanding the statute of limitations, when it starts, and what exceptions may apply is critical. Missing the deadline almost always means losing the right to pursue the claim, no matter how strong it is.
Under Texas law, a wrongful death claim must generally be filed within two years of the date on which the person died. If the family does not file a lawsuit within that window, the court will typically dismiss the case, and the family loses its right to seek compensation.
This rule is strict. Courts rarely grant exceptions, and arguing that you did not know about the deadline is not a defense. The burden is on the family to act within the time allowed.
A separate limitations period exists for medical malpractice wrongful death that runs from the date of the breach of completion of the treatment.
The discovery rule is a legal doctrine that, in certain circumstances, delays the start of the limitations period until the injured party knew or should have reasonably discovered that a legal wrong occurred.
In the context of wrongful death, the discovery rule can apply when the connection between someone’s death and another party’s negligence was not apparent at the time of death, i.e. “inherently undiscoverable.” This is most common in cases involving:
Medical Negligence
If a loved one died following medical treatment and the cause of death was listed as a natural complication rather than a mistake, the family may not immediately know that malpractice was involved. A subsequent medical review or autopsy might reveal that the treating physician or facility deviated from the standard of care in a way that caused or contributed to the death.
In those situations, the two-year clock may not begin until the family discovered, or reasonably should have discovered, the connection between the negligence and the death.
Delayed Autopsy or Toxicology Results
In some cases, the true cause of death is not known until after autopsy or toxicology reports are completed. If those results reveal a wrongful act that was not apparent or discoverable earlier, the discovery rule may apply.
Concealment of Wrongdoing
If the party responsible for the death actively concealed their negligence or misconduct, Texas courts have recognized that the limitations period may be tolled, meaning paused, until the concealment was or reasonably should have been discovered.
It is important to understand that the discovery rule is a narrow exception, not a broad escape hatch. Texas courts apply it carefully and do not automatically accept claims that the family simply did not know about the wrongful conduct. The standard is whether the family knew or reasonably should have known, meaning a family that had enough information to prompt a reasonable person to investigate may be held to the earlier date.
This is why consulting an attorney promptly, even when the full picture is not yet clear, is so important. An attorney can help evaluate when the limitations period began and whether any exceptions apply.
It is also worth noting that Texas survival actions, which are filed on behalf of the deceased person’s estate rather than the surviving family members, are subject to the same two-year limitations period. The clock runs from the same starting point, and the same discovery rule analysis applies.
The discovery rule can be a lifeline for families who did not immediately know their loved one’s death was wrongful. But relying on it without understanding how Texas courts apply it is risky. If you believe a discovery rule argument applies to your situation, you need an attorney to evaluate the facts, gather supporting evidence, and file promptly.
At Barr Law, PLLC, Andrea Barr represents families throughout the Houston area in wrongful death litigation, including cases where the statute of limitations is a disputed issue. We are experienced litigators who know how to build and defend these arguments in court.
If you have questions about a Texas wrongful death claim and whether your family is still within the time to file, contact Barr Law, PLLC today to schedule a consultation.
Reach out today, and let Barr Law guide you with strategic counsel and unwavering support from the outset of your legal matter.
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