Carmen: Hi Jason. My son-in-law passed away recently because of an accident. A friend told me there might be a statute of limitations if my daughter decides to file a lawsuit. Can you explain what this means?
Jason: Carmen, I am very sorry about your family’s loss.
Carmen: Thank you.
Jason: Your friend is correct about the statute of limitations. What this means is that in Texas, there is a maximum amount of time that you can file a lawsuit from the date of the event. In the state of Texas, it is 2 years for adults. For children, it’s 2 years after they turn 18.
Carmen: Oh, okay. He just passed away, so we have some time then.
Jason: Not necessarily, Carmen. It depends on the circumstances of the case.
Carmen: What do you mean? Wouldn’t it be 2 years from the time of his death?
Jason: If he died the same day of the accident, then yes. But if he died later, then you have less time to file. The two years is based on the date that the accident occurred, not on the date that your son-in-law passed away.
Carmen: Oh, really? He didn’t die that same day. It was much later that he passed.
Jason: Then I would recommend that your daughter speak with an attorney soon about this so that she doesn’t reach the statute of limitations.
Carmen: She’s very depressed right now and it’s hard for her to even think about it. They had children and she’s not sure how she’ll even make it without him.
Jason: I’m sure this is extremely difficult for her. But if someone else is responsible for her husband’s death, she could seek compensation to help her and the children moving forward. An experienced attorney could take care of the legal issues while your family heals. At least that way the process is started, and you don’t have to worry about running out of time.
Carmen: That’s a good idea. Thank you, Jason.
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