Houston, TX asked in Personal Injury for Texas

Q: What is the time frame for Texas to file a civil suit against the illegal immigrant drunk driver that killed my son?

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3 Lawyer Answers
Adam T. Funk
Adam T. Funk
Answered
  • Bellaire, TX
  • Licensed in Texas

A: I am sorry for your loss. You have two years from the date of death.

Adam T. Funk
Adam T. Funk
Answered
  • Bellaire, TX
  • Licensed in Texas

A: I wanted to clarify my previous answer. I assumed that your son's death occurred on the same day of the accident. You have two years from the date of the accident, not the death. I hope this helps.

Yanni Funk agrees with this answer

Yanni Funk
Yanni Funk
Answered
  • Austin, TX
  • Licensed in Texas

A: Our heart goes out to you. The Statute of Limitations for a Wrongful Death case in Texas runs two Years from the Date of the Accident. Hence, you must file suit or settle the case before then. Even if the defendant did not carry any insurance, your son's (or possibly your own) auto insurance's Underinsured Motorist Coverage may kick in. I strongly encourage you to seek an attorney's advice immediately.

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