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There are specific exceptions to Texas' two-year statute of limitations for wrongful death claims. These include when the person bringing the claim is a minor child, when the defendants to the action (or their negligence) were unknown, in the case of fraud, and mental or physical incapacity.
In wrongful death settlements in Texas, there is no cap for economic or punitive damages. Economic damages include: Final medical expenses. Reasonable funeral expenses.
Wrongful death cases in Texas are subject to the "discovery rule" which states that the two year time period does not begin to run until the time that a reasonably prudent person would have known that they had a cause of action.
Here are the main steps in wrongful death claims in Texas: Talk to a lawyer. ... Obtain a death certificate. ... Determine whether the deceased left a will. ... Investigate the deceased's death. ... Identify the eligible survivors. ? ... Document the losses suffered by the deceased and their family. ?
There is no average settlement in wrongful death lawsuits here in Texas. However, many payouts range between around $500,000 to $1 million, with other settling for $10,000,000 or more, even outside of the courtroom.