Plano wrongful death lawyer Richard L. Armstrong believes one of the worst things a wrongful death victim’s family can do is to put off visiting an attorney.

“Even if you end up not pursuing your claim,” states Armstrong, “you owe it to yourself to keep your options open as long as possible.”  In Texas, the statute of limitations, or time limit within which a wrongful death lawsuit must be filed, is two years from the date the claim accrued. A few notable exceptions exist, however, to this general rule. The most common one is the rule “tolling”, i.e., extending, the statute of limitations applicable to minors claimants. Because a minor is considered to be under a legal disability and therefore incompetent, the statute of limitations on a wrongful death claim will not “run” against him until he becomes an adult, or age eighteen.

Mr. Armstrong advises that, If you suspect that your family holds a wrongful death claim, it is best to promptly seek the advice of an attorney without delay. This is true for several reasons. First, unless one of the exceptions exists, the statute of limitations begins to run immediately. Although a lawsuit can technically be filed until the statute expires, as much time as possible should be used to assess the case, preserve and evaluate evidence, and retain an expert if required. Building a claim into readiness for suit cannot be done overnight, and takes time. Second, there may be other deadlines within the first two years that impact the case. As merely one example, tort claims against government entities require that the entity or entities be put on “notice” much earlier than the statute of limitations deadline. Third, memories of the event or events in question tend to fade in witnesses at a surprising rate. Such witnesses may later be unavailable because they have died, moved, become incapacitated, or for a variety of other reasons.  “In short, it is best not to ’sleep on your rights’ until it is too late, practically speaking, to do anything about it,”  said Armstrong.

Armstrong the Law Firm’s trial lawyers have nearly twenty years experience in representing victims of all types of personal injury, from catastrophic claims to negligent hiring and wrongful death claims. They practice throughout Texas and in other jurisdictions, and are based in Plano, Collin County, Texas.