Legal Question in Personal Injury in Texas
Do I have a case
My father was shot and killed eight years ago. the man thatwe held responsible for his death only recieved 8 years and will be realeased from prison in Oct. He was minor at the time and threatned our family weeks before my dads murder when my family asked his family to help in keeping him away they made no effort, and now my father is dead. My mother and I moved away form where we lived and my mother went into a deep dpression for nearly 5 years. She was in and out of mental hospitals, we never recieved victims compensation because they said we could sue, the parents of the boy, well my mother was so out of it and I was a minor at the time. I am now 25 and someone sent me package stating that the boys family was afraid of a lawsuit and after my father death transfered all there land and othe monetary belongings to a diffrent name so we would not get anything if we tried. My questions are could we still sue his parents for negligence, or wrongful death, or can we sue the boy that will be getting out of jail.
2 Answers from Attorneys
Re: Do I have a case
There is a two year statute of limitations on wrongful death / negligence claims. Because you were a minor at the time, the statute of limitations was tolled until your 18th birthday. The Statute expired on your 20th birthday.
Your mother's mental disability may have tolled the statute during the time she was "out of it", but once she recovered, the statute would start again. If she was disabled for 5 years, then she would have two years to sue after she recovered. Since it's been 8 years, she is a year past the statute. The family hiding their money would not have helped them if the funds could have been found. Bottom line, you probably had a good case, but waited too long. I'm sorry.
Re: Do I have a case
Consult with an attorney to determine if your statute of limitation has expired.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
